How Slip-and-Fall Accident Victims Can Get Maximum Compensation With Legal Aid

Slip-and-fall accidents are more common than they seem. Roughly 800,000 Californians are hospitalized annually due to an injury sustained after slipping and falling. Hip fractures and head injuries are two of the most common outcomes of such an injury. If you or a loved one suffered injuries from a fall, California slip-and-fall accident lawyers could help you get the legal restitution you deserve.

The settlement amount is something to pay attention to. The average compensation falls between $15,000 and $50,000. That’s a wide range, and it relies on the severity of your injuries and the liability the defendant holds. If you’re rooting for maximum compensation, your personal injury lawyer will focus on three key areas of your case.

1. Proving the Severity of Your Suffering

   Slip and fall injury cases are civil rather than criminal, making them no less crucial in helping victims create a better life. Personal injury law addresses the victim’s suffering and holds the responsible party accountable. They focus on the severity of the injury. To win compensation, your lawyer must prove that your injury caused valid suffering, and some injuries are easier to prove than others. Broken bones, dislocations, and cartilage tears are easy to see in an X-ray or CT scan. They’re widely disabling and tend to take a long time to heal. Juries and insurers can easily understand the suffering they cause, but soft tissue injuries are less convincing.

   Soft tissue sprains and strains are difficult to prove. They don’t always leave obvious evidence and can’t be seen in an X-ray. Insurance adjusters generally pay more for brutal injuries. They’re prone to seeing soft tissue injuries as nuisance cases. Juries and judges can relate more easily to complicated injuries, so the odds of securing maximum compensation are higher. That doesn’t make soft tissue injuries any less disabling, so your lawyer will amass a body of evidence of both your injury and its costs. This will include pain and suffering, loss of earnings, and medical fees. If you had to adapt your home or vehicle to compensate for your disability, the costs will play a role, too.

2. Proving the Cause of the Slip and Fall Accident

   Slip and fall injuries fall into three categories:

   • The plaintiff saw the hazard.
   • The plaintiff didn’t see the hazard.
   • The plaintiff can’t remember if they saw the hazard.

   If you didn’t see the hazard, the defendant could treat it as an admission of your negligence. If you did see it, the defendant could hold you responsible for failing to avoid it. In short, the courts will probably find you partially at fault.

   California works on a 50% state rule, where the plaintiff can collect damages if they’re 49% or less at fault for their fall. If you’re partially at fault, you’ll receive less compensation. Therefore, your lawyer will develop a case to prove that the defendant caused your injury. In a world full of security cameras and smartphones, that process is easier than it once was. Witnesses are still relevant, but footage from CCTV cameras and dashcams is far more compelling. Your lawyer will work around data protection laws to acquire photographs, video clips, and accident report forms to prove your case.

3. Proving Non-Economic Damages

   Injuries don’t occur in a vacuum. They cause emotional distress and psychological suffering. You might lose clients or even your job due to a burgeoning disability. Your marriage might become strained, and you might lose your home due to medical bills. Your lawyer will need to place a value on all of that emotional distress. There is no single formula for achieving that, but most lawyers work from the cost of the medical bills themselves. This amount is multiplied by a factor of one to five to establish an idea of non-economic damages. Your attorney will seek maximum compensation by fastidiously combing through your losses.

   Slip and fall injury cases can encourage pre-trial settlements that can minimize your legal fees, but your compensation could rise if you go to court. Your lawyer will work through your goals with you to determine the right strategy for your needs and the evidence that underlies them.