Best Practices to Maximize Slip and Fall Settlements

Best Practices to Maximize Slip and Fall Settlements

When the weather is cold and stormy, the risk of injury goes up. If you accidentally fall on the sidewalk outside or you slip on wet tile inside because of water that was tracked into the building, then you might be able to get compensation for your medical bills and more.

But there is a strategy that needs to be followed to maximize slip and fall settlements. Working with the insurance company directly can be a mistake, resulting in a situation where you miss out on money that could have been available for your settlement. The best solution is to hire an expert team to assist with your slip and fall settlements to ensure that you are receiving the compensation that you deserve.

Types of Compensation for Slip and Fall Settlements

It’s important to look at the bigger picture to ask for the money that you need after a slip and fall. Yes, you can receive payment for your medical bills. But there could be more available for other types of compensation.

Compensation for slip and fall settlements can be categorized in two ways:

  • Compensatory Damages: Payments that are intended to compensate you for the costs that were incurred due to your injury. These costs are typically available in most personal injury cases.
  • Punitive Damages: Another form of compensation is designed to punish the party at fault for the accident. This money is beyond the incurred costs, but it can be more difficult to get because you need to prove the reasons why punitive damages are necessary.

Talk to your personal injury attorney for more information about these types of compensation. They will help you create the ideal approach for your slip and fall settlements.

Compensatory Damages: Slip and Fall Settlement Examples

Sometimes compensatory damages are known as “economic damages” – they include anything that you paid for out-of-pocket. These costs are quantifiable because you have receipts and bills. The insurance company will reimburse you for these things that you had to pay for.

Here are a few examples of compensatory damages that might be awarded for your case:

  • Medical Expenses: Including everything from hospital stays to doctor’s appointments, physical therapy, medication, at-home care, medical transportation, surgery, lab work, and more.
  • Property Damage: If your slip and fall resulted in property damage, such as a broken phone or personal items that were ruined, then you might be able to recover compensation for these costs.
  • Lost Wages: When the injuries were serious enough to stop you from working, then seek compensation for the wages you missed. This amount could also include compensation for future wages that you will lose due to the injury.

Additionally, compensatory damages can also include other non-quantifiable payouts. For example, you might receive money for pain and suffering or a lower quality of life. To receive this compensation, your personal injury attorney can help you build a case showing how your injury will result in long-term physical pain, emotional distress, mental anguish, and more.

While it’s not common with slip and fall settlements, there is also a possibility of compensation for wrongful death. If the person’s injuries resulted in death, then the family can be paid for the funeral and burial costs, as well as general damages for loss of companionship and loss of financial contribution.

Punitive Damages: Slip and Fall Settlement Examples

In addition to the settlement for the compensatory costs, your personal injury attorney might recommend that you seek punitive damages as well. In this situation, the court decides that the responsible party needs to be punished. The intention is to deter the responsible party from making the same “mistake” again in the future.

The likelihood of punitive damages increases if there is proof that the responsible party acted in gross negligence, maliciousness, or committed a criminal act. For example, if the slip and fall accident occurred because of assault, then there could be punitive damages awarded. Or, if the responsible party has a history of past injuries because of the same problem, then the court might demand punitive damages.

How to Get More Money for Slip and Fall Settlements

There are several things you can do to optimize the likelihood of getting the compensation you deserve for slip and fall settlements. Here are a few tips to help with your case:

  • Seek Medical Care: You need documented evidence showing the extent of your injuries, as well as treatments that were required for these injuries. Even if you think the injuries are minor, always visit a doctor for an evaluation. This documentation can be helpful for building your case.
  • Other Documentation: Is there anything else that you can do to document the case? Photos of the accident scene can be helpful, showing the negligence that caused your slip and fall. Or, collect statements from witnesses or other people involved in the situation.
  • Short-Term and Long-Term Damages: Not only should you seek compensation for the immediate costs, but also think about the way this injury could impact you in the future. Ask for compensation for the longer-term damages, if applicable.
  • Never Settle Without Legal Support: The insurance company is motivated to settle the case for the lowest amount possible. It’s likely that you will be offered a settlement. But NEVER take this settlement without first consulting with an experienced personal injury attorney.
  • Hire an Experienced Lawyer: You deserve to have someone advocating for your case. An experienced personal injury lawyer knows the best approach for building a case that will help you get the compensation that you deserve.

Call the Experts for Help with Your Slip and Fall Settlement

Do you need help with a slip and fall settlement? Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. is just a phone call away. We have years of experience helping with personal injury cases, including slip and falls and other injuries. You deserve good legal support, and our team is ready to assist. We invite you to reach out for a free consultation to learn more about your options: (504) 522-2304.