HOW MUCH MONEY IS MY SLIP AND FALL CLAIM WORTH?
July 14, 2022
When you slip and fall on a business’ property, you may be entitled to damages. In Ohio, these types of claims are called “slip and fall” accidents. There are several factors that are commonly involved in a slip and fall case, such as
Whether you were on the business premises for a purpose that benefitted the business owner,
What caused you to slip and fall,
What you were doing at the time of the accident, and
The severity of your injuries.
Based on these factors, your compensation may vary. There are, however, a few things you can do to estimate how much your premises liability claim is worth. One is by calculating your medical bills and lost wages.
You can recover the cost of medical bills associated with your slip and fall injuries, as long as you provide proper documentation. For example, you can receive compensation for:
Hospital or emergency room admission
Diagnoses and tests (blood panel, MRI, X-ray)
Any other medical bills related to the injuries you sustained in the accident
You may also be entitled to compensation for any medical treatment you will require in the future due to your injuries. This number can be a bit harder to calculate and may require expert testimony to prove. An experienced slip and fall attorney can help you through this process to help maximize your financial recovery.
If you are required to miss work due to your injuries, you may be able to recover those lost wages. To prove lost wages, you will need documentation of what you were earning at the time of the accident and records reflecting the days you missed work. You will also need some evidence demonstrating the reason you missed work was due to your accident-related injuries. Often, you will need a medical provider to give something in writing (it could be as simply as a short note) stating they believe the time you missed from work was due to your accident-related injuries.
If you will miss more work in the future, you are also entitled to those lost wages. However, future lost wages can be a bit more difficult to prove and calculate because you haven’t actually lost them yet. You will need a doctor and/or economic expert to provide an expert opinion explaining how much time and income you will likely miss from work in the future due to your accident-related injuries. It is a complex process, but an experienced personal injury attorney can get the necessary evidence and experts lined up so you maximize your recovery.
You are also entitled to receive compensation for any out-of-pocket expenses you incurred as a result of the injuries you sustained in your slip and fall accident. Proving out-of-pocket expenses is rather straightforward. You must have a receipt or some other documentation which demonstrates what the expense was for and how much it was. As long as you can connect the out-of-pocket expense to the injuries sustained in the accident, you will likely receive compensation for those expenses.
PAIN AND SUFFERING
You can also receive compensation for pain and suffering. Unlike medical bills, lost wages, and out-of-pocket expenses, you won't have any kind of receipt or other physical document for it. Therefore, pain and suffering can be difficult to calculate.
Pain-and-suffering damages consists of two components. Pain refers to the physical pain a person experiences following a slip and fall accident. Important components of this type of damage include, but are not necessarily limited to, the following factors:
The type of pain (i.e., dull and achy, severe and sharp, burning, etc.),
The level of severity of the pain (i.e., minimal or severe),
The parts of the body experiencing the pain,
The frequency in which the person experiences the pain, and
How long the pain lasts.
Suffering refers to how your injuries negatively impact your life. Almost always, injuries sustained in a slip and fall accident impair someone’s ability to engage in the types of activities they did prior to the accident. You are entitled to compensation for the negative impact your accident-related injuries have had on your ability to engage in things you previously enjoyed. The following is a list of different types of suffering someone experiences as a result of the injuries they sustained in a slip and fall accident:
An inability to handle typical activities of daily life such as cleaning the home, maintaining the yard, or even dressing,
An inability to engage in activities the person enjoyed prior to the accident such as exercising, driving long distances, going on vacations, playing sports, etc.,
An impairment to personal relationships (such as the spousal relationship, or the relationship a parent has with a child) that results from an inability to engage in activities to the same extent and/or frequency the person was able to prior to the accident.
Proving pain-and-suffering can be complicated because there’s no written document clearly setting forth what a jury should give for pain-and-suffering damages.
Typically, you will prove pain and suffering through testimony regarding how your injuries have impacted your life. These testimonials can be given by you and/or your loved ones. The amount of compensation awarded for pain-and-suffering varies significantly based on the unique facts of each case. Each case is different, but you will usually be able to recover some amount of compensation for pain and suffering. In order to maximize your recovery for the pain and suffering experienced following your slip and fall accident, you should retain an attorney experienced in handling these types of cases.
Estimating how much your settlement is worth can help you negotiate with the opposing party. However, this can be difficult when you don't have the legal training necessary to know how much your pain and suffering, and other damages, are worth. The experienced personal injury attorneys at DuPont & Blumenstiel can evaluate your case and help ensure you receive fair compensation for your injuries and damages. If you hire us, we will be by your side throughout the entire process. We will advocate for your claims fully and won't settle until a fair offer is reached - one that can bring both you and your loved one’s peace of mind.
Under Ohio law, there is a limited amount of time to file a lawsuit and get compensation for your injuries.
Give us a call today at 614-389-9711 to have your slip and fall case evaluated by an expert.