If you were injured in a slip and fall incident on someone else’s property, you may be wondering what types of monetary compensation you might be entitled to recover.
Your case is unique, and the slip and fall compensation amounts available will depend on the types and amounts of loss you incur. A slip and fall lawyer in Los Angeles from Salamati Law will work hard to demonstrate that your losses go well beyond medical bills and expenses, and include damages such as lost wages, the cost of occupational and rehabilitative therapy, and pain and suffering.
How Much Do You Get for a Slip and Fall?
Many slip and fall lawsuits are settled before trial with the settlement amount kept confidential, which makes it difficult to come up with a number for the “average slip and fall compensation.”
Your case, however, is not “average”; after a slip and fall accident, an at-fault party will be liable for the injuries and financial losses that you have personally experienced. Damages that you may be eligible to recover can include:
- Medical costs and expenses to treat injuries, which can easily run to $50,000 or more
- Property losses
- Rehabilitation fees for physical and other therapy to treat injuries
- Lost wages and reduced job opportunities that are the result of a slip and fall injury
- Pain and suffering endured during treatment and rehabilitation
- Loss of companionship and consortium
- Transportation and other incidental costs incurred while traveling to doctors’ or therapists’ appointments
Insurance companies and the defense lawyers they hire tend to overlook or downplay many of these losses, so it is crucial to have a knowledgeable advocate on your side.
What is the Average Slip and Fall Settlement in California?
There is no simple, straightforward way to identify California’s average slip and fall settlement. It is understandable to wonder about this, particularly if you are considering a slip and fall lawsuit. Unfortunately, accurate information is not widely available.
It is difficult to come by for several reasons. First, the vast majority of settlement agreements are made outside of the courtroom. In addition, they typically involve non-disclosure agreements that make the specific terms of a settlement private. Therefore, it is impossible to paint a clear picture of the average compensation. Finally, no central data location collects or stores the available public information. Together, these factors make it impossible to get a clear picture of the average value of these settlements.
Moreover, the average value of a slip and fall settlement wouldn’t tell you much. Your injury case could be worth far more or far less than the average settlement, depending n the facts. It is also important to remember that liability will play an essential part in determining the value of your case.
The good news is that our firm can review the facts of your case and advise on what your settlement might be worth. While we don’t promise a specific outcome to your case, we rely on our experience to give you context on what you might expect from a settlement offer or trial verdict.
Slip and Fall Punitive Damages
Punitive damages for a slip and fall accident are not common, but they are possible. There are primarily two ways that an injured party will be able to recover slip and fall punitive damages:
- If the negligent party that is liable for the accident demonstrated a complete lack of concern for the safety of guests or invitees on the property where the accident occurred; or
- He or she intentionally created the circumstances that caused the accident.
A court will award punitive damages as a means of penalizing a liable party for wanton or willful conduct. There is a relatively high standard of proof for punitive damages awards, but an experienced personal injury lawyer will be able to spot when punitive damages are available as compensation for slip and fall injuries.
Proving an Injured Party’s Damages in a Slip and Fall Accident
To demonstrate the full range of your losses, you should retain all bills from doctors, hospitals, and therapy centers. Keep accurate written records of transportation expenses and physicians’ and therapists’ assessments of pain and discomfort while recovering from your injuries. Pay stubs can be used to show wages that were earned before the accident and that were lost during a period of recuperation.
Damages Caps for California Slip and Fall Cases
Unlike a handful of states, California does not limit the amount that an injured party may receive in non-economic damages like pain and suffering. This can come as a relief to plaintiffs whose injuries have had a tremendous impact on their lives that is not reflected in the medical bills. Punitive damages are also not capped, though they must not be arbitrary or excessive.
California does cap the amount of non-economic damages that a plaintiff may recover in a medical malpractice case. In those cases, the maximum non-economic damages award is $250,000. This could come into play if, for example, you are injured in a fall and the treating medical professional or hospital commits malpractice in providing you care for the fall.
How the Statute of Limitations Affects Slip and Fall Compensation Amounts
Under the statute of limitations, an injured person generally has two years from the date of the accident to file a lawsuit. Most personal injury cases are resolved by a voluntary settlement, but this statute of limitations is still important because if you fail to file your lawsuit on time, the defendant will no longer be liable for your slip and fall damages.
There may be special situations in which the statute of limitations is put on hold. For example, if the injured person is under 18 years old, the statute will not begin to run right away. It is important to speak with a lawyer about any special circumstances that may affect the running of the statute of limitations because the laws are technical and the penalty for missing the statute – a complete bar of your case – is big.
Slip and Fall Lawsuit Payouts and Comparative Negligence
Under California’s comparative negligence doctrine, the slip and fall compensation that an injured party can recover will be reduced in proportion to that party’s own level of fault for the accident. Negligent parties and their insurers might argue, for example, that the claimant was not paying attention to obvious risks, or was wearing inappropriate shoes for the expected conditions.
Even with cases that do not head to trial, comparative negligence impacts slip and fall settlements. Insurance adjusters leverage any indication of a claimants’ fault to reduce the company’s payout, but an experienced attorney can fight to make sure the injuries and liability are evaluated fairly.
Discuss Compensation for Your Slip and Fall Injuries With Salamati Law
Individuals who suffer slip and fall injuries in southern California should discuss their claim with a Los Angeles personal injury attorney from Salamati Law to gain a better understanding of the scope of damages they might be able to recover. Our team is dedicated to representing those who have been harmed by someone else’s negligence and we are ready and willing to take on the insurance companies they have on their side.
There is no time to waste after an accident; some types of injuries, including brain trauma and soft tissue damage, might not be apparent in the immediate aftermath of a slip and fall accident, but a medical evaluation as soon as possible can improve your recovery and help document your claim. Taking quick action can put you in the best position to recover the full range of your damages. Salamati Law has resources to guide you through this crucial time.
Call today for a free case review. There is no obligation and all consultations are confidential.