While the average cost of a slip and fall injury is somewhere between $30,000-$60,000, slip and fall cases in California have known to settle for hundreds of thousands – and even millions – of dollars, based upon the severity of the injury, the extent of the negligence on the part of the premises owner, and the quality of the plaintiff’s slip and fall attorney.
The reality about evaluating your slip and fall injury claim is that every case is different. There is no fixed value for a given injury, and no way to immediately predict what your claim might be worth. Thankfully, a consultation with experienced Los Angeles personal injury attorney Sean Salamati will provide insight into what to expect from your claim. In preparation for your consultation, we have reviewed some examples of what you might experience with your slip and fall claim below.
How common are settlements?
The reality of slip and fall injury claims in California is that very few of them go to trial. While a small number are dismissed voluntarily or by the courts, the vast majority of these claims come to a close through a negotiated settlement.
That said, not every settlement is equal. To obtain the compensation you deserve it is vital that you build the strongest case possible. Many insurance companies will only negotiate in good faith when they see that the evidence is stacked against them. With the help of a dedicated personal injury lawyer, you might be able to build a winning claim and recover the compensation you deserve.
Factors that impact the value of your claim
Multiple factors go into the potential value of your slip and fall injury claim. These include:
- Severity of your injuries. The severity of your injuries is the major factor that will determine the strength of your claim. While seemingly minor injuries could still result in significant medical bills, more severe injuries such as hip fractures or traumatic brain injuries often have higher consequences.
- Your medical bills. If your injury is the result of another person’s negligence, that person is liable for any expenses you incur resulting from your injury, including medical bills.
- How your injuries impact your life. Your quality of life is also an important factor. If you are dealing with chronic pain or unable to enjoy your previous quality of life, that could increase the value of your claim.
- Lost wages. The inability to work is a common consequence of serious slip and fall injuries. You can seek damages for lost wages now and loss of future income.
How To Maximize Your Settlement
If you were hurt through no fault of your own, you deserve financial compensation for your physical injuries and emotional hardship. The steps you take following your accident will be essential in determining if you are able to recover the full value of your injury claim. Unfortunately, in some cases, mistakes or missteps could result receiving less than the full amount of damages you sustained.
Our team at Salamati Law can help you maximize your settlement.
In the meantime, consider the following:
- If possible, in the immediate aftermath of your accident, take pictures of the hazardous conditions that caused your fall. For example, at the grocery store, you may have slipped on a spilled container of milk. An image of this can be crucial evidence because it can be easily mopped up and thus disappear.
- Make sure to document the clothes you are wearing, particularly your shoes.
- Follow doctor’s orders. Following the care plan set out by them is important for your health and the outcome of your personal injury settlement. If you do not follow the treatment plan, you could be placing your injury claim at risk.
- Any delay could work against you. In some cases, you could lose your chance to secure a settlement if you fail to file your lawsuit before the statute of limitations expires.
- Talk to us at Salamati Law. We can help you avoid common pitfalls in the legal system.
How Long Does a Slip and Fall Case Take to Settle?
It is understandable to want clarity regarding the timeline for favorably resolving your slip and fall case. However, an attorney can’t promise you a specific outcome for your case, which includes guaranteeing that it is resolved by a specific date.
At Salamati Law, while we cannot guarantee when your case might settle, we can help you understand the factors that could speed up or slow down the process. Avoidable delays are one of the biggest issues that can make your case take longer. The other side benefits when your case drags on. Our attorneys could help ensure that you avoid this whenever possible.
Some issues that could impact how long it takes to settle your slip and fall case include the following:
- Liability. Whether or not the property owner accepts liability in your case will play an essential role in how long a settlement takes. Accepting liability could result in a quick settlement while rejecting liability will create delays.
- Ongoing medical care. The longer it takes to treat your injuries, the longer it can take to settle your case.
- Complexity. When there are complex legal issues, your case can take longer to resolve.
How Can a Slip and Fall Lawyer Help Maximize My Settlement?
A slip-and-fall lawyer can maximize your financial settlement by doing the following:
- Investigating your fall. A thorough investigation is one of the best ways to strengthen your case. Your attorney can identify all the at-fault parties for your accident. They could also develop a theory of negligence that holds each party accountable.
- Compiling your proof of damages. Before settling your case, you need to know the value of your claim. An attorney could help to thoroughly document your losses to ensure you seek everything you are owed. This includes everything from your medical bills to statements about how your injury has impacted your life.
- Aggressive negotiation. A skilled attorney can negotiate a fair settlement in a slip and fall injury case, advising you when to accept an offer and when to reject it.
- Trial preparation. Most slip and fall cases are resolved through settlement negotiations. However, your attorney can improve your chances of success by treating each case as if a trial were a certainty. This helps ensure you are prepared if your case results in litigation. This approach can also demonstrate to the insurance company that delay tactics will not be successful.
In the end, it takes two parties to reach a settlement. Despite your lawyer’s best efforts, there are situations when the at-fault party is unable or unwilling to reach an agreement. In those cases, your best option is to take the case to trial and seek a verdict from a jury of your peers. Our team can help you with every aspect of litigating your case while continuing to work toward a fair settlement.
Learn about the strength of your claim during a free consultation
Although there is no guaranteed formula to help you identify what your claim is worth, use your out-of-pocket costs as a starting point. It is vital that your injury claim covers all of the medical bills you have accumulated due to the slip and fall accident. However, your injury claim could be worth far more than your current medical bills, due to your future medical needs, pain and suffering, and other types of compensation.
While no one can guarantee a specific amount of compensation for your claim, a consultation with a Los Angeles slip and fall lawyer can provide you with a fact-based estimate of the strength of your case and the chances of success. To discuss your options, schedule a free consultation with Salamati Law as soon as possible.
