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How Compensation for Slip and Fall Accidents is Determined

Posted on in Slip and Fall

How Compensation for Slip and Fall Accidents is Determined

According to the Centers for Disease Control and Prevention over 800,000 people end up in the hospital each year due to slip and fall accidents. If you are one of those people who has been injured in a slip and fall accident, it is important to understand what your rights are for getting compensated for your injuries. Not only could you receive compensation for the costs of your treatment, but your attorney may be able to help you obtain other indirect costs.

Determining Slip and Fall Compensation

If you have been injured in a slip and fall accident, it is only logical to file a lawsuit if the compensation amount is high enough. So, how do you know how much the settlement needs to be in order to be beneficial for you? Although your attorney can help you determine whether it is worth it to file a lawsuit, here are a few factors that your attorney will use to make such a determination:

  • Negligence: Negligence is blatant disregard for the safety of others. It happens when a person does not act in a manner that would be reasonably acceptable by other people. In a lawsuit, the jury will assess if the person would have been able to identify that a situation was dangerous and that something could have been done to prevent any injuries. If the person is found to be liable for the accident, he or she will be considered negligent. The burden of proof will lie on the plaintiff to prove that the defendant could have taken steps to prevent the accident.
  • Liability: This only happens in situations in which the defendant has the legal responsibility for the property where the accident occurred. In most situations this is the property owner unless they have insurance coverage that absolves them from their liability. If an insurance company is involved, the plaintiff will sue the insurance company rather than the insured person.

Categories of Compensation

Once a jury has determined that the plaintiff should receive compensation from the defendant, they will award compensatory damages. These damages are considered non-monetary and include things such as mental anxiety, loss of compensation, and pain and suffering. Monetary damages are meant to restore the injured party to their previous financial situation before the accident occurred. These costs will include things such as medical bills, future medical expenses, loss of income past and future, attorney fees, and more.

Contact an Experienced Slip and Fall Attorney Today

If you are one of the thousands of people who have been injured in a slip and fall accident that you believe was due to another person's negligence, you may be entitled to receive compensation for your injuries. The attorneys at Newland & Newland, LLP will review your situation and help you determine what your compensation could be and whether a lawsuit is right for you. We may even be able to help you receive compensation for your injuries without having to go to court. Contact us today to schedule a consultation and let us deal with the legal side of things so you can focus on your recovery.We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.

(image courtesy of Marcelo Leal)

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