While there is no set formula for determining the value of your slip and fall accident claim, certain factors will increase or decrease the likelihood that you will receive what you deserve. Understanding these factors and how they affect your claim can help you do what you can to strengthen your claim. This information will also enable you to be realistic when it comes time to settle your claim.
Factors That May Increase or Decrease the Amount of Your Compensation After a Slip and Fall Accident
Every slip and fall accident claim and its settlement is unique. However, insurance adjusters and attorneys representing slip and fall accident victims consider certain factors when valuing and settling a claim. Factors that could have an impact on the worth of your claim include:
- Liability. In order to be entitled to compensation, you must prove the property owner’s or business’ negligence in causing your fall. A strong case of liability will increase the value of your claim.
- Type of injury. When your injuries are more serious, this also increases the amount you could be owed. More serious injuries can result in higher medical bills, more lost wages, and more of an impact on your day-to-day life—all increasing the compensation you could be entitled to.
- Surgery. Injuries that require surgery tend to result in a higher claim value than injuries that do not require it.
- Pre-existing injury. If you suffered a pre-existing injury, the insurance adjuster will try to argue that you are entitled to less in compensation. While it is not necessarily true that your claim is worth less, you may have to fight longer to receive the amount you deserve.
- Prompt medical treatment. Prompt medical treatment tends to prove that you were really injured and that your injuries were severe. Following up with the treatment plan recommended by your doctor is also important to proving this. This may make an insurance adjuster more likely to be reasonable in settlement negotiations.
- Permanent injuries. When your injuries are permanent, you may have future medical bills. It can also mean that your injuries will affect your quality of life in the future and that you will experience more pain and suffering—increasing the value of your claim.
- Your evidence. The more evidence you have regarding liability and your injuries, the stronger your claim for compensation and the value of your claim. Pictures of the accident scene and your injuries and strong medical records that confirm your injuries can go a long way in increasing the strength of your claim and the amount you can expect in settlement.
Were you or a family member injured in a slip and fall accident? Call us to schedule your free consultation to discuss your situation and what you could deserve in compensation for your injuries.