If you have a viable slip and fall case, you may be eligible to receive compensation for medical bills, lost wages, lost earning capacity, pain and suffering, and other losses stemming from your injury. However, the exact values of slip and fall settlements in California are based on the unique facts of each case, such as how the accident occurred and how it has affected the injured party.
Once a personal injury case has been settled, it cannot be reopened even if it turns out the damages are greater than originally understood. In order to receive the highest compensation possible, it is a good idea to speak with a Los Angeles slip and fall lawyer at Salamati Law who will make sure that your settlement compensates you for all of your fall-related damages.
What is a settlement in a slip and fall case?
Slip and fall injury lawsuits are common, but most of them will never result in a trial. This is because the vast majority of injury claims are ultimately settled out of court through a negotiated settlement. Each of these agreements is different. Some are informal, while others come with non-disclosure agreements and mutual releases. However, every settlement has some things in common.
To resolve a case in this way, both sides must agree to a deal where each of them gives something up. Typically, the plaintiff agrees to permanently waive their right to file a personal injury lawsuit in exchange for a typical slip and fall settlement from the at-fault party. This usually comes in the form of a lump-sum payment, but other arrangements might be available.
Will my slip and fall case settle or go to trial?
Any time you file a personal injury lawsuit, you do so with the knowledge that there is the possibility of it going to trial. While it is true that only a fraction of these cases ever go before a jury, it is important to understand that it is a possibility.
There are different factors that might make settlement impossible. For starters, the owner of the property where the fall happened could refuse to accept any responsibility for the incident. This can happen when they believe the injured party was at fault or that they were aware of the hazard that caused the injury. The unwillingness to negotiate a settlement is a relatively common issue.
Some defendants also lack the resources to pay anything. This is especially true in cases where the property owner lacks insurance coverage. In this scenario, a settlement might be impossible even though both sides would like to resolve the case.
Taking your case to trial does not guarantee that you will recover a larger damages award. However, it will allow your lawyer to present the facts about your accident to a jury. In addition, they will try to select jury members who are likely to be sympathetic to your circumstances and appreciate the hardships you face as you recover from serious slip and fall injuries.
How long do slip and fall settlements take?
Because no two cases are exactly alike, it is impossible to estimate with certainty how long it will take to resolve a claim. Some settlements happen early on in the process—even before a lawsuit is filed, for instance. Negotiations often begin after the initial contact from the plaintiff’s attorney. This usually comes in the form of a demand letter.
A demand letter is a form of legal correspondence that lays out why the plaintiff is seeking compensation and how much they require in order to drop their threat of a lawsuit. It is possible for the sides to reach an agreement in a matter of weeks after this letter is sent.
Other cases might take a matter of months to resolve. Negotiations are usually faster when there is no dispute over fault. If the defendant acknowledges that they are to blame, these discussions focus solely on what the case is worth.
It’s important to understand that it’s not uncommon for negotiations to span for months. During that time, the plaintiff may choose to file a lawsuit at any time. This can speed up negotiations in some cases, but not others.
Negotiations can continue throughout the litigation process. Many cases settle after discovery is complete and both sides have the evidence the other intends to use at trial. Others are only resolved days or weeks before trial begins. Unfortunately, it is possible for these cases to take years before a settlement is finalized.
What compensation is available in a slip and fall accident?
It is natural for you to wonder about the average slip and fall settlement while recovering from your injuries. Medical care is costly, and the inability to work can wreak financial havoc for you and your loved ones. A settlement could provide you with both economic and non-economic compensation related to your injuries. Some of the most common examples include the following:
- Past and future medical costs
- Lost wages
- Diminished future earning potential
- Property damage
- Pain and suffering
- Disfigurement
- Loss of consortium
- Emotional distress
Let our team of attorneys review your case and answer your questions about slip and fall settlements.
Understanding the evidence needed to prove damages
As a claimant, you have the burden of proving your damages. If the injury is minor, this may simply mean producing the bills from your doctor’s visit and offering a statement about your pain and suffering. In serious cases, there can be much more legwork involved.
Proving economic damages requires showing that the monetary losses are reasonably tied to the injury. This can require:
- Bills and invoices
- Medical records stating prognosis and expected future treatment
- Receipts for medication, medical equipment, and necessary services
- Employment records to determine lost wages
- Testimony from medical experts about the cause of the injury, the reasonableness of medical costs, and the expected cost of future treatment
- Testimony from economic or occupational experts to prove future lost wages or lost work opportunities
Proving non-economic damages can be done with:
- Personal testimony
- Testimony of friends and relatives
- Journals that document the pain or impact of the injury on your everyday life
- Expert testimony on your prognosis
The Salamati Law Firm puts the needs of clients first. We determine what evidence is needed to build the strongest case possible so that all of your damages are fully compensated. We look forward to aggressively pursuing the compensation you deserve.
Speak with a lawyer about slip and fall settlements in Los Angeles
There is a strong possibility of resolving your injury claim without the need for a trial. With the right legal team by your side, you might be able to reach an agreement in short order. However, attempting to resolve these cases on your own can be risky. A single mistake could cost you dramatically, so let our experienced team advocate on your behalf.
A slip and fall injury can set you back physically and financially, but we aggressively fight for your rights. Call Salamati Law today to schedule a free consultation with a slip and fall lawyer in Los Angeles to find out how we can help you.
