Monday, August 14, 2017

How Much is My Slip and Fall Accident Claim Worth?

If you were injured in a slip and fall accident on someone else's property and are planning to file a claim, you will certainly want to consider how much your slip and fall claim might be worth. The short answer to this question is: It depends, because each case is different and each state has different laws. However, there are some common considerations under which your slip and fall accident claim may be calculated:

Your medical bills - both present and future
Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full. Often healthcare providers agree to accept less than the billed amount, so it is important to know what the rule in your jurisdiction is.

Pain and suffering
There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to because of your pain and suffering.

Lost wages
If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned. However, your employer must provide a written statement on the amount of time you missed work because of your injury, and your salary or wage rate.

Loss of earning capacity
If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

However, you will need to establish that your capacity to earn has been diminished because of the injuries. If you are successful in establishing that, the defendant may compensate you for that loss in a couple of different ways, including:

·         paying for you to be trained/educated in a different field
·         paying you a lump sum for the amount of your reduced earning capacity


10 comments:

  1. I am a plumber. One day I went to work at ’s a person’s home. As I was walking in their garden, I stumbled on a small ditch, broke my hand, and had to be hospitalized. Is the house owner is responsible for the accident, especially in view of the fact that there was no warning sign near the ditch?

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  2. Slip and fall accidents can happen anywhere, like in grocery stores, restaurants, office buildings and shopping malls. If you have been injured on another person’s property, then the property owner, landlord or contractor may be held accountable for your injuries.

    Read more: http://www.ganiminjurylawyers.com/slip-and-fall-injury-attorney-bridgeport-milford-ct/

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  3. My mother tripped and fell on someone else’s property. She suffered injuries and had to be hospitalized. Can we sue the property owner for the injuries?

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    Replies
    1. Defects on someone else’s property can cause severe injuries to unsuspecting bystanders. Property owners in New York must keep their properties free from hazards. If they fail to do so, they can be held accountable for any pain and suffering, medical expenses and lost wages that may result. If you or someone you love is injured on someone else’s property in NY, contact a lawyer today to learn about recovering your rightful compensation. Contact Dervishi Law Group, P.C. Ref: http://www.dervishilaw.com/areas-of-practice/trip-and-falls-accident/

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  4. While visiting a newly constructed building, my uncle slipped and fell due to the slippery surface of the stairway. He received grievous injuries on his back and had to be hospitalized. Can I file a compensation claim?

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    Replies
    1. "If you or someone you know has been injured in a stairway slip and fall accident, contact the personal injury attorneys at Jacoby & Meyers, LLP NY today. Our team of personal injury professionals has the knowledge and experience to offer you quality legal representation, while fighting for the compensation you need and deserve. 
      For more information : http://www.jmlawyer.com/blog/2017/02/22/common-causes-staircase-slip-and-fall-accidents
      "

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  5. I was severely injured after falling from a height on the job site. I am clueless about the type of compensation I am entitled to receive. Please help me?

    ReplyDelete
    Replies
    1. Workers’ compensation provides benefits for workers who are injured due to falling from heights. It also provides benefits for family members when the accident results in death. However, workers’ compensation benefits are limited and may not meet your financial needs following a serious injury or the death of the worker.
      If the fall was caused by the negligence of another party, you may be entitled to seek additional compensation through the civil justice system.

      Read more: http://www.dervishilaw.com/areas-of-practice/fall-from-heights/

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  6. Two months ago my mother met with a slip and fall accident. I want to file a case for compensation for her injuries. On what basis will the worth of the claim be decided?

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    Replies
    1. The worth of your slip and fall settlement can be calculated on the basis of medical bills, lost income, compensation for loss of earning capacity and pain & suffering.
      Ref: http://www.rocklandinjurylaw.com/slideshow-assessing-the-worth-of-a-slip-and-fall-settlement/

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