“Slip and falls” are common, and cause injuries that range from a minor cut or bruise to broken bones and even traumatic brain injury. If you experience a slip and fall accident due to a hazardous condition on someone else’s property, then you are entitled to seek recovery for damages. However, initiating a lawsuit is not a decision to be taken lightly. It is not possible to categorically state a recovery amount for a slip and fall. Yet, it is possible to gain an understanding of the factors involved in evaluating a slip and fall case.
A primary factor in determining an award for damages is related to the extent of injury and the cost of medical treatment. Medical treatment may be discrete and complete, as in setting a broken bone, or ongoing, such as the need for multiple surgeries, rehabilitation, and/or physical therapy. States differ on how to determine the amount of damages. Some jurisdictions base damages on the amount billed by health care providers, while others base damages on the amount the provider agreed to receive as payment in full.
It is also possible to recover for anticipated future medical expenses. These will vary depending on what is expected to achieve full recovery. In cases where permanent injuries have been sustained, damages are more subjective, such as evaluating how the injury impacts the plaintiff. Lost quality of life can be a consideration in evaluating damages. For example, a surfer experiencing an injury that impairs her balance will have a greater loss of quality of life than a sedentary person experiencing the same injury.
If an injury is serious enough to result in lost work, then the amount of lost wages can also be recovered. The amount of lost work days and pay will need to be verified by the employer. If the injury is so serious that it impairs the ability to return to work, then it may be possible to be receive damages for lost earning capacity. Some attorneys are interested in settling cases to avoid going to trial. If a defendant knows of this proclivity, it can negatively impact any pre-trial settlement negotiations.
If you were seriously injured from a slip and fall on someone else’s property, a Cherry Hill slip and fall lawyer at Williams Cedar can help you obtain the compensation you deserve. Located in Philadelphia and Haddonfield, New Jersey, we represent clients throughout Pennsylvania and South Jersey. Call us at 856-470-9777 or submit an online form to set up a free consultation today.