Your life can crash immediately after a slip and fall accident. You’ll suffer a lot of pain and watch medical bills increase. It gets worse sometimes because you are unable to work. You would not be able to take care of yourself or pay your medical bills. All these can happen because of a slip and fall accident. No matter where you slipped and fell, whether you are shopping or at work, the store owner or your employer could be held liable for your injuries. Negligence and liability determine what your slip and fall at work settlements would be. Severity and type of injury also affect how much compensation you would receive.
Slip And Fall At Work Settlements
Most people are interested in knowing how to determine a slip and fall accident. Some factors can influence a slip and fall settlement, and some of these factors include;
- How the at-fault party contributed to the accident
- Who is ultimately responsible for the accident
- Did you contribute to the accident on your path
Negligence explains the failure to act in a responsible way that jeopardizes the safety of others. Unmarked sidewalks, broken hand railing, and un-mopped floor could be the reason for a slip and fall accident. To determine negligence in this case, you need to prove if the at-fault party could view the situation as dangerous or life-threatening. If the at-fault party could have done anything to enhance the problem can also be determined. Limited visibility and low lighting are factors to consider when deciding if the property owner is at fault.
As the victim, you would need to prove that the negligent party could have done something to prevent the slip and fall accident but didn’t. You also have to prove in your claim that even though an obstruction was present, the obstacle has no need then. It would be helpful to convince the judge that the negligent party didn’t take preventive measures to avoid the accident. Proving more lies with the plaintiff, but the facts surrounding the case would determine the level of evidence involved.
Before someone can be liable for another person’s injury, he should be the property owner where the accident happened. The property owner gets held responsible for any accident on his property unless he has insurance coverage. Their insurance coverage will shoulder the liability, and the plaintiff will file a claim against the insurance company and not the property owner.
Calculating Slip And Fall Settlements
Slip and fall settlements get determined during negotiations between the parties involved. Each party would disclose what they want to settle on while trying to resolve the case. A slip and fall calculation isn’t the same as the everyday calculation people do but what it means is simply a negotiation between the plaintiff and the defendant. The plaintiff needs to work with an injury settlement lawyer before negotiating with the other party. This lawyer would handle negotiation with the insurance company and ensure you get paid what you deserve.
A lawyer knows the worth of your settlement. Chances are he already has a figure in mind before entering a negotiation with the other party. The lawyer came up with this number by examining your case and calculating your losses and damages. Medical bills also get calculated in this case, and they would add up all you’ve lost financially, including past and future losses. They would also calculate pain and suffering.
However, the crucial part of every slip and fall case is understanding the right time to accept a settlement, and it would be better if you are sure that the compensation you are receiving is worth it. Having an experienced attorney by your side would make you confident about what you are getting as a settlement. This attorney would offer you guidance and ensure that the compensation you get covers for all of your losses and injuries. In most cases, the at-fault party would push for a settlement because if it falls to a judge or jury’s hand, they might award the plaintiff everything.
For both parties to reach a slip and fall settlement, they might compromise based on speculation, which means doing guesswork of what might happen in a trial. If the at-fault party loses more if the case goes to trial, the at-fault party will end up pushing for a settlement that would be affordable.