Accidents involving a slip and a fall pose a serious threat. It often results in serious injuries and significant financial losses. With serious consequences like this, you may wonder: how much can you claim from your slip and fall?
To ensure you receive the maximum compensation possible, victims should consult a slip-and-fall attorney who can help them prove negligence.
Discover the value of your slip-and-fall claim with the help of this article.
What Is the Average Slip and Fall Settlement in Arizona?
On average, slip-and-fall settlements in Arizona range between $15,000 and $50,000. However, the settlement amount for a slip and fall injury varies. It depends on the unique set of facts associated with each case.
Injuries sustained and income lost will play a major role in establishing the final figure. It also depends on factors such as negligence and liability. The court may also decide to issue punitive damages.
It is important to seek legal advice from an experienced personal injury lawyer who can help you fight for compensation. The attorney will investigate the circumstances surrounding your case. In response, they will tell you what they think your potential compensation should be.
What Factors Affect the Financial Worth of Slip and Fall Settlements?
In Arizona, slip and fall settlements might differ significantly from case to case. The below outlines the various elements that affect how much your slip and fall case is worth.
Injury type
Injury type is a crucial consideration when estimating the amount of a settlement. The amount of compensation you receive is proportional to the extent of your injuries. Therefore, more severe injuries result in higher payouts.
It’s important to treat any injury seriously, no matter how small it may seem. Permanent injuries may need extra compensation to cover future medical expenses. This additional compensation includes other costs associated with the injury.
In severe circumstances, the cost of medical care and lost wages may be tremendous. So it is crucial to keep this in mind when negotiating a settlement.
A larger settlement may be available for those with more severe injuries. This is because they may incur greater costs over time due to their condition.
You should see a lawyer to grasp the extent of your damage. Doing so will guarantee you a just settlement for your suffering.
Evidence
Slip-and-fall cases rely on evidence. This is because they prove that the accident occurred due to hazardous conditions. There are important pieces of evidence that can help strengthen a case. These include photos of the scene, witness testimonies, and security camera footage.
Collecting this evidence as soon as possible after an accident occurs is important. Some of it can disappear within minutes. Get in touch with a lawyer immediately. They can aid you in compiling all the evidence you’ll need. They will provide you with explicit guidance as well.
You must demonstrate several elements to prove a slip and fall occurred on someone else’s property due to a hazardous substance. First, there must be proof that the property owner had actual or constructive knowledge about the hazardous conditions.
Second, it needs to show that the owner had enough time to fix the issue but didn’t. Finally, you must present evidence, such as photos and witness testimonies, to support these claims. Collecting this evidence as fast and accurately as possible is essential for any claim.
Medical bills
Medical bills are an important part of any slip-and-fall accident case. They provide evidence that the victim has suffered due to the incident. The court can use this to decide on the appropriate settlement amount.
To get higher compensation, you need detailed medical documentation and testimony. In addition, you must record all medical expenses related to the case. This includes hospital stays, doctor’s office visits, medical treatments, and equipment.
Include the payments for both past and future medical bills in the report. All these documents will help build a strong case for compensation for past and future medical bills.
Lost income and loss of earning capacity
Unfortunately, slip and fall accidents are rather common in American workplaces. According to statistics, 22% of cases end in more than 31 days off from work.
That’s why it’s important to document any lost wages or paid time off due to the injury. The jury can then consider those factors when reaching a decision.
The inability to earn a living after suffering a slip-and-fall injury is a cruel consequence. In addition to immediate wage losses, there may also be long-term effects on earning potential if the injured party cannot return to work or do the same type of work.
Expert testimony may be necessary to calculate lost future earning capacity to assess these losses accurately. But those affected by such injuries can receive fair compensation for their losses with proper legal representation.
How Are Slip-and-Fall Damages Calculated?
The physical and mental harm from a slip-and-fall accident can be enormous. Thus, lawyers consider two main factors when awarding slip and fall damages. These factors include the extent of the harm and the way it will change the victim’s life.
Tangible economic damages such as medical expenses, long-term care, rehab therapy, medications, and lost wages are typically awarded in these cases. And in addition to awarding non-economic damages, the court can also provide compensation for actual physical pain and emotional distress.
In a fatal slip-and-fall accident, you may receive compensation for losing your quality of life. You may also seek compensation for scarring, permanent disability, and loss of self-esteem.
Non-economic damages
When a person suffers a loss that the court cannot measure financially, they may be entitled to non-economic damages.
Damages like these compensate victims for physical pain, mental anguish, and scarring or disfigurement. It also accounts for the loss of enjoyment of life, embarrassment, and loss of consortium.
Insurance adjusters and attorneys often use a formula to determine the worth of non-economic damages. This formula involves multiplying total medical expenses by a factor (called a “multiplier”) between 1 and 5.
Lawyers use this multiplier to account for the subjective nature of these types of losses. But it’s not a universal truth. It depends on the facts of each individual’s situation.
You should know that this estimate does not account for things like future medical bills or lost earnings. Therefore, you should consider these factors when determining an appropriate amount.
Are You Partly at Fault?
When determining who is at fault for an accident, attorneys will look at the facts of the case and decide how much money a person is eligible for.
It might be challenging to establish that the other party is primarily at fault. However, a personal injury lawyer can help demonstrate this.
If the injured party was also liable for their own injuries, it could reduce their settlement. So, it is important to consult with a personal injury attorney to discuss your options.
In Arizona, if the jury finds that you are slightly at fault for a slip and fall, it can lower your claim.
For example, let’s say your total damages are $20,000, and you are 30% at fault. The jury will then reduce the value of your claim to $14,000. It’s important to understand how much responsibility you have in an accident so that you know what kind of compensation you may receive.
“No, I didn’t see it”
When someone asks if the injured party saw a dangerous condition before they fell, being honest and providing as much detail as possible is important.
Answering “no” to this question implies that the person was not paying attention and could have taken action to avoid the situation. This answer can put the injured party at fault for their injury.
“Yes, I did see it”
It is important to remember that even if you did see a dangerous condition before an accident, it does not necessarily mean you are responsible for what happened.
In these cases, it is still important to explain what happened in detail and why you could not take action. Admitting to seeing the danger and failing to take action can lead people to question why you took no action.
“I do not recall whether I saw it or not”
Even if you don’t recall whether you saw it or not, it is best to state that fact rather than guess or make up an answer. Doing so can help protect you from any potential liability. This also ensures that others respect your rights throughout the process.
What to do if you’re partly to blame
If you are partly at fault for an accident, it is important to understand how this will affect your claim. When valuing a claim, be realistic about your share of the fault. Also, don’t start settlement negotiations by admitting fault to the insurance company.
In such cases, it is advisable to consider hiring an experienced personal injury attorney who can help protect your rights and maximize any compensation you may receive.
An attorney can also advise you on whether it is worth pursuing a claim in light of any state laws that could damage your case due to partial fault.
Contact Our Arizona Slip and Fall Lawyers
Wade & Nysather can assist you or your loved one obtain just compensation for injuries sustained in a slip and fall accident. Our experienced attorneys will use their expertise, resources, and passion to ensure that you receive adequate and fair compensation for your injuries.
Our Arizona personal injury law firm focuses on representing workers who experienced slip and fall accidents on the job. We know how challenging it is to deal with the legal system following an accident, so our top priority is safeguarding your legal interests.
Our experienced lawyers will investigate your case, evaluate your losses, and argue for a judgment in court if necessary. Reach out today for a no-cost, no-obligation legal strategy session.
