How Much is My Slip and Fall Case Worth?
If you suffer an injury in a slip and fall in British Columbia, you may be wondering how much your claim is worth. Unfortunately, there is no set answer; each case is unique, and the compensation will be based on specific factors. However, our dedicated BC slip and fall lawyers can examine the facts of your case to give you an idea of the amount of compensation you might expect to recover.
Here are some of the things they will look for.
Factors that affect the value of a slip and fall claim
In a nutshell, the main factors that will affect your claim are (1) who was to blame and (2) how severely were you injured. Other questions will come up but those are going to be sub-questions of these two points.
- Who is to blame. Not every accident or injury entitles the injured party to pursue compensation; instead, you must be able to show that the other party was negligent.
- The severity of your injury. A slip and fall injury can range from a mild sprain to serious brain injury or even death. The more severe and permanent the injury, the larger the likely settlement or verdict.
An experienced lawyer from our firm can walk through your injury and break down these factors to apply them to your case. Some of the considerations are discussed below.
Who is to blame?
People, businesses, and municipalities are only responsible for their own actions. To recover compensation, you need to show what caused your fall, that the defendant’s negligence caused the situation, usually by showing that they created an unreasonable risk of harm.
Some of the parties who slip and fall lawyers often look to as possible defendants include property owners or managers, landlords, maintenance companies, and even government entities in charge of the premises. The next step is to find evidence of the hazard that caused the slip and fall– and that the defendant either created the hazard or that they knew (or should have known) of it and did not fix it.
Even if the other party was at fault, if you were partly to blame as well, your economic recovery will be reduced in proportion to your fault. For example, say you slipped on a wet floor in a store, and it can be shown that the manager knew that the floor was wet but failed to clean it up.
But if it can also be shown that you were not watching where you were going– the jury could find that the store was 60% at fault and you are 40% to blame, you would only be permitted to recover 40% of your losses.
The severity of your injury
Depending on the type of injury you suffer, you may recover fully and quickly, or you may have permanent disabilities. The settlement or judgment value of your case will be impacted by the degree of injury and related to:
- Medical bills– Both past and expected future costs, as well as expenses for nursing care and medical equipment, are included.
- Lost income– The more serious the injury, the longer it is expected to impact your ability to work. You may even be able to recover for vacation days that you needed to take for medical appointments.
- Disability and Loss of Enjoyment– If the injury prevents you from doing things you could do before the slip and fall; this may be compensable.
- Pain and suffering– The physical pain you experience because of the accident may entitle you to additional compensation. Pain and suffering are often calculated based on the cost of medical bills, but your lawyer can help demonstrate where that calculation is inadequate so that you receive full compensation.
- Emotional distress– Suffering a sudden injury can cause emotional pain that lingers long-term and interferes with other parts of your life.
Present your strongest case with a slip and fall lawyer
Slip and fall injuries are common, but that does not mean they are easy to prove in court. Our dedicated team at Preszler Injury Lawyers understands these complexities– and what you need to show to obtain full compensation for your injuries. If you have been injured on someone else’s property, call our slip and fall law firm today to schedule a free consultation.
