The value of a slip and fall case is determined not only by the injuries that are involved but also by the area of the country that the accident took place in. Some cities give much higher awards than others.
The value of a slip and fall depends on many things such as the facts of the case, the location, the amount of the insurance coverage, the amount of money that the defendant has, how bad the injury is, and the defendants efforts at creating a safe environment. Of course....a good attorney might make a big difference as well. The cost of a slip and fall injury is not the only thing they are looking at.
Putting a dollar and cents amount on an injury can be really tricky. The amount of money received is meant to compensate the defendant for the injury he has suffered.
The average cost of a slip and fall injury is $28.000, including medical bills, physical therapy, and missed wages.
General damages are first when considering the value of a slip and fall case. This would include things like not being able to work for a period of time, loss of a promotion that might have happened if not for the injury, inability to do work around the house or drive a car, loss of the ability to enjoy your life and certainly for the actual pain and suffering.
Special damages are payments for all the costs that the defendant actually had such as doctor bills, hospital bills, medicines, bandages, child care, transportation to appointments, physical therapy and even the cost of the ambulance. Special damages often include the actual amount of wages lost.
In some states there is no award for general damages. In others, there is a limit of say $100,000 or so. Each state has different guidelines.
When an attorney is calculating a demand for damages, he will include actual losses, plus future losses, and sujective amounts for such losses as the inability to enjoy a previous lifestyle. This could include any impact on the marriage or for pain and suffering including emotional suffering. If you are looking at a permanent damage and will be needing to make your home wheelchair accesible then your amount of damages would be much higher. Possibly as high as $400,000. It could be much less if you only had $20,000 in medical bills and will be expected to recuperate. It might be in the neighborhood of $50,000.
Now here is where the catch is..... If there was an obvious lack of responsibility on the defendants side, like say he had had some previous accidents in the same location or say he was an absentee landlord with numerous code violations... then again the amount could go up.
Each case is different. Laws vary from state to state. There are limits to insurance policies. You could be limited by the insurance policy of the defendant.
THIS IS WHERE WE COME IN.........
It is so important to make every effort to stop slip and fall accidents and to document your efforts to keep your floors slip resistant. Document cleanings and also treatments to any floors that you think could be a potential hazard.
TO PROTECT YOURSELF AGAINST COSTLY SLIP AND FALL CLAIMS.... WE RECOMMEND USE OF OUR SLIP RESISTANT SOLUTION'S MANY FLOOR TREATMENT PRODUCTS