This is by far the most common question after sustaining injuries from a San Diego slip and fall accident, and also the most difficult question to answer. There is no standard formula to calculate the value of your slip and fall case, but there are several factors your slip and fall lawyer will consider in arriving at a reasonable value for either settlement or trial purposes. Even though there is not a set formula for determining the value of a slip and fall case, understanding the factors that go into a slip and fall settlement or award may be helpful.
Anyone can end up being the victim of a slip and fall accident in San Diego. However, there are some common places where slip and fall accidents occur more frequently, such as:
- Grocery stores
- Restaurants & Bars
- Parking lots
- Retail establishments
- Department stores
Determining Liability in a San Diego Slip and Fall Accident:
Just because you slip and fall or trip and fall on someone else’s property, doesn’t necessarily mean they are going to be legally responsible for your accident. In order to prove liability against a property owner for a slip and fall incident, you must be able to establish the property owner was negligent in creating the dangerous condition that caused you to fall, or negligent in failing to fix the dangerous condition in a reasonable amount of time. If you can establish the property owner was at fault for your slip and fall accident, (grocery store allowed a spilled drink to remain on the floor for a long period of time without cleaning it up, for example), then you are entitled to reasonable compensation for your injuries.
Compensation in San Diego Slip and Fall Cases:
If another party is at fault for your slip and fall accident, you are entitled to damages for your medical expenses, loss of income, and a fair amount for your pain and suffering. Determining the value of your case depends on a number of factors, including the nature and extent of your injuries, how much medical treatment you received for your injuries, as well as the cost of the medical treatment and whether any future medical treatment will be necessary. Other factors that must be considered are how the slip and fall accident affected your ability to earn an income or whether any time from work was missed while you were recovering from your injuries, which are all compensable.
Finally, you should recover an amount for your pain and suffering. This is the most difficult portion of a slip and fall case to value, as it is subjective and changes depending on the individual. For example, if you broke your hand in a slip and fall accident and are an avid tennis player, your life would be more impacted than someone who doesn’t use their injured hand on a regular basis for activities they enjoy. The amount you recover for pain and suffering can be analyzed and valued by an experienced San Diego slip and fall lawyer. If you have been injured in a slip and fall accident in San Diego or Riverside, contact our personal injury attorneys today for a free consultation. San Diego 619-512-5995 or Riverside 951-200-4630.