Slip and fall accidents occur more frequently than one might think. In fact, the National Floor Institute reported that falls account for over 8 million emergency room visits annually. Falls can happen in a number of places like the workplace, a grocery store, or a public parking lot.
In California, individuals injured due to negligent property maintenance can bring a slip & fall lawsuit against the responsible party.
Unfortunately, there is no average settlement amount in slip and fall cases. The value of a slip & fall lawsuit hinges on several factors about your case, including the severity of your injuries, the responsibility of the property owner, and any factors that contributed to the fall. If you or a loved one suffered injuries in a slip and fall accident, call Silva Injury Law today to discuss your case.
Valuation of a Slip & Fall Lawsuit
A slip and fall case is a legal claim based on the legal theory of premises liability. Premises liability means that the owner of a piece of property is responsible for accidents on their property in some situations. Owners owe individuals they invite onto their premises a duty of care to keep it in a reasonably safe condition. A property owner can breach their duty in a number of ways, including:
- Leaving drink or food spills exposed;
- Failing to remove debris from walkways;
- Not including adequate lighting in stairways;
- Failing to provide warnings for wet or icy conditions; or
- Failing to warn of open and obvious dangers.
If someone suffers an injury as a result of the property owner’s breach, the injured party can bring a lawsuit against the property owner to recover damages. However, you must prove that the property owner’s negligence actually caused your injury. If you can establish that the owner’s breach caused your injury, you will likely be able to recover damages. And if your injuries are severe, you might get a larger than average settlement for your case.
What Injuries Occur in Slip and Fall Cases?
A wide range of injuries can arise as a result of a fall. The severity of the injury will typically depend on whether you fell from an elevated surface and what material you fell on. Common injuries suffered in slip and fall cases include:
- Broken bones;
- Bruises and scrapes;
- Pulled muscles;
- Neck injuries;
- Back injuries;
- Spinal cord injuries; and
If you suffer an injury after a fall, seek medical treatment as soon as you can. Your medical records can provide evidence of your injury if your case ends up going to trial. Additionally, your hospital visit provides documentation of some of the monetary costs of your injury. The more evidence you can offer that shows the damages caused by the accident, the more likely you will receive a settlement offer that compensates you for all of those expenses.
How Much Is a Slip and Fall Case Worth?
The average settlement for a slip and fall case depends on the damages you suffered in the accident. Damages can include:
- Medical expenses;
- Rehabilitation costs;
- Lost wages;
- Property damage;
- Loss of future earning capacity;
- Pain and suffering;
- Physical impairment;
- Loss of enjoyment of life;
- Inconvenience; and
- Emotional distress.
California does not impose a cap on the number of damages a personal injury victim can receive, as long as the award is “fair and reasonable.”
Damages in a personal injury claim serve to compensate the victim for losses caused by their injury. Thus, someone who suffers a severe injury like a broken back will likely incur more damages than someone who suffers a minor scrape or bruise. Thus, the average settlement for each case will vary from case to case.
If you have more questions about damages in a slip and fall case, contact Silva Injury Law today.
Need a Slip and Fall Lawyer in California? Contact Silva Injury Law Today
Many people do not realize that they might have a legal claim after a slip and fall accident. However, just because you suffered injuries in a fall, that does not automatically mean the property owner is liable. Premises liability claims can involve complicated rules of law. One of our seasoned attorneys at Silva Injury Law can explain these issues and help you know what you can expect in your case.
At Silva Injury Law, we treat our clients like family. Our team is committed to serving our injured clients and offering the best legal services available. So call us today, or contact us online to set up your initial consultation. Let us put our years of experience to work for you!
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.