How To Collect Your Damages After A Slip And Fall Accident
Being involved in a slip and fall case is a surprise no one wants to be faced with. Slip and fall accidents are a leading cause of traumatic brain injuries in the United States, not to mention broken bones, lost work wages, and difficult recoveries. In many instances, slip and fall cases go unreported, and those injured never seek the compensation they deserve after experiencing one of these accidents. One of the big reasons behind this is that valuing a slip and fall injury case can be complicated, and this is why you need a personal injury attorney who knows the ins and outs of slip and fall cases by your side.
Most slip and fall cases will settle out of court. This means that the injured party and the property owner, through their insurance provider, will reach a negotiated settlement amount. Typically this involves the injured party accepting a settlement likely a little less than what they were looking for, but they don’t need to take the case to court and they have the funds they need to begin their often long recovery process. Essentially, these settlements are a compromise that leaves both sides pleased despite the injured party receiving a little less, and the insurance company paying out a little more.
These settlements will take a negotiations process, which can be daunting to the injured party. Without representation from a slip and fall personal injury attorney, insurance providers may try a bit harder to play their version of “hardball”, hoping you’ll settle for as little as possible. With attorney representation, however, insurance adjusters will know that you’re being informed about what your case is really worth, and you’re far more likely to receive a fair settlement.
When a settlement cannot be reached, you’re then faced with a potential slip and fall lawsuit case. Most property owners and injured parties do their best to avoid this outcome whenever possible, as court costs can be expensive and court cases unpredictable.
Valuing Your Case
Figuring out your damages in a slip and fall case is one of the trickiest parts of the process. Some of your damages, like lost work wages and medical costs, are relatively easy to calculate, but there are some less clear damages involved as well. In cases that involve permanent injury, “subjective” damages are less concrete, and they require educated guesses as to what your damages will be going forward. This is the same for pain and suffering damages, which are some of the most highly contested in settlement and lawsuit cases.
When it comes to settling a case, it’s the smaller slip and fall cases that only involve concrete damages that get settled most easily. Permanent injury cases and those that feature a number of subjective damages are more likely to be taken to court. If your slip and fall case is taken to court, having a personal injury attorney representing you is more important than ever.
Finding The Best Representation
The settlement you receive to take care of your damages after a slip and fall accident will depend highly on the attorney you have on your side. Ideally, you should strive for an experienced Florida personal injury attorney with prior experience in slip and fall injury cases in particular. Your attorney should not settle early for low-ball settlements in negotiations cases, and they should have prior experience representing their clients in court.