“How much is my slip and fall worth?” is a common question asked by people injured in a slip and fall accident in Naperville, Illinois. Several factors can affect the value of your slip and fall case, including the nature and severity of your injuries, whether you share fault for the accident, the impact of the injuries on your life, how bad the conduct of the property owner or manager was in causing your accident, and the strength of your evidence. Predicting an accurate value without discussing the specifics of your case with a slip and fall lawyer is difficult due to the different factors involved.
Nevertheless, learning more about how different factors influence the value of a final slip and fall settlement or court awards will help you better understand the outcome of your case, plan ahead, and know whether a settlement offer received is reasonable. If you’ve been hurt in a slip and fall accident and have questions about the value of your case, call Chute, O’Malley, Knobloch, and Turcy, LLC at 312-775-0042 for a free case evaluation.
Table of Contents
What Factors Impact the Value of a Slip and Fall Case in Naperville?
Slips and falls account for 12% of the 8 million emergency department visits due to falls in the United States each year. Illinois had a fatal fall rate of 62.2 per 100,000 older adults in 2021, totaling 1,200 fatal falls. If you or a loved one was injured in a fall on someone else’s property, you have the right to claim compensation for the injuries. Compensation helps you rebuild your life after a slip and fall injury. Factors that influence the amount of compensation you can recover include:
Nature and Severity of Injuries
Calculating the value of a slip and fall case requires you to consider your medical bills, lost wages, and pain and suffering. All these are impacted by the nature and severity of the injuries sustained in your slip and fall accident.
Your injuries determine the medical treatment you’ll receive, which impacts the value of your claim. Severe injuries take longer to heal and require more medical treatment. As a result, they’re more expensive to treat and affect a slip and fall case timeline. They also result in more missed work time and lost wages, which also increase the worth of your claim. Permanent injuries usually lead to future medical expenses, which should be accounted for in addition to your immediate medical expenses in your settlement. Victims with minor injuries that heal relatively quickly receive lower settlements.
Slip and fall victims in Illinois can claim pain and suffering damages. These compensate you for the emotional distress and physical pain experienced after your accident. More severe slip and fall injuries result in higher pain and suffering damages. Slip and fall lawyers have methods of calculating approximate values of pain and suffering damages for your case.
Your Comparative Fault
In Naperville, your share of fault for the slip and fall reduces the value of your case. Illinois follows the modified comparative fault system. This means you can claim damages from the other party if you’re less than 50% responsible for the accident. Your total compensation will be reduced by the percentage of fault assigned to you.
For example, if you’re assigned 25% fault for the slip and fall accident, and the value of your claim is $100,000, your damages will be reduced by 25%. You’ll be entitled to receive a compensation of only $75,000.
Impact of Injuries on Your Life
Slip and fall injuries that have more prolonged effects on the quality of a victim’s life will lead to higher damage awards. Effects that are likely to result in high-value slip and fall settlements or verdicts include:
- Significant losses of earning capacity
- Transformative changes to a victim’s lifestyle
- Permanent deficits, such as permanent cognitive impairment or disfigurement
The impact of similar slip and fall accidents and injuries can vary from one individual to another, depending on the victim’s occupation. As a result, two individuals with similar cases but different occupations may receive different damage awards. That’s one of the reasons it’s difficult to determine average slip and fall settlement amounts.
For example, a case involving a slip and fall injury that breaks an athlete’s leg may have a higher value than one involving a similar injury to another person. The injury could prevent the athlete from attaining the same proficiency that he or she had before the slip and fall accident. Similarly, a hand injury could have a greater impact on the life of a violinist.
The impact of a slip and fall injury can also vary significantly due to age. Younger victims with long-term injuries are likely to receive more compensation than older victims with similar injuries. That’s because the harm suffered will last for a greater portion of their lives.
Whether the Defendant’s Actions Were Grossly Negligent
The value of your Naperville slip and fall case may also be influenced by the kind of negligence the property owner or manager exhibited in causing your accident. Your claim’s worth may be higher the more negligent or worse the defendant’s conduct was. You may qualify for punitive damages, in addition to compensatory damages, in slip and fall cases involving extreme neglect, intentional harm, or malice by the defendant, such as when the property owner flagrantly disregards safety.
Punitive damages may increase the value of your slip and fall case. They’re usually awarded in a trial. They can affect settlement negotiations if you’re likely to recover them if your case proceeds to court.
Strength of Evidence
The strength and clarity of your evidence also impact the size of your settlement amount. You’ll likely receive a higher damage award when evidence shows the defendant’s negligence that caused your slip and fall accident with convincing clarity. On the contrary, you’re likely to receive a lower settlement if you have limited evidence of the defendant’s negligence and liability. Examples of evidence that can substantiate your claim include clear photos of the dangerous condition, video footage, and witness testimonies.
The presence of X-rays, scan results, and other detailed records can provide proof of harm suffered from the slip and fall incident and help document and calculate the direct and consequential costs of your injuries.
Steps to Take After a Slip and Fall Accident
If you’re planning to file a claim or lawsuit, it’s essential to know what to do after a slip and fall. The following steps can help you protect your rights and get compensation for your slip and fall injuries:
- Take pictures:Take photos and videos of where you fell and the reason you fell before leaving the slip-and-fall scene.
- Talk to witnesses: Get contact details of witnesses to your fall.
- File a report: Report the accident to the owner, manager, or landlord and have them file a written report. Request a copy of the report.
- Seek medical attention: Seek treatment as soon as possible. The medical records created will help prove your injuries and their effects.
- Keep a journal: Document your pain, recovery, and the impact of the fall on your day-to-day life.
- Contact a lawyer: A slip and fall lawyer can assist in building a strong claim and offer guidance on the next steps to take.
How Your Slip and Fall Lawyer Can Help With Your Settlement
The best way to learn what your case is likely to yield is to consult a slip and fall lawyer. The lawyer will evaluate your claim, determine if it has merit, and estimate its worth.
Your slip and fall accident lawyer will help you gather evidence to strengthen your claim, such as medical records, witness statements, expert testimonies, accident reports, and available video footage. Property owners may make it hard to access evidence from the accident scene, such as security camera footage, without a lawyer’s help. A slip and fall lawyer can help you obtain such evidence legally and efficiently.
Your lawyer may work with experts who can provide insight into how your accident and injuries have impacted your life. He or she will establish a detailed estimate of a fair value of your claim, taking into account all your expenses related to the incident and the physical and emotional pain, mental suffering, inconvenience, and disruption the incident has brought into your life.
Your slip and fall lawyer will negotiate a fair settlement on your behalf with the other party. If the other party isn’t willing to offer fair compensation, your lawyer will take the case to trial.
Property owners usually have large insurance companies and a team of attorneys working to devalue slip and fall cases. They know how to get you to do or say things that hurt your case. Your slip and fall lawyer levels the playing field and helps protect your interests and maximize your chances of recovering compensation.
The Naperville slip and fall lawyers at Chute, O’Malley, Knobloch, and Turcy, LLC are ready to face off against property owners, large businesses, and their attorneys and fight tirelessly to ensure you get full and fair compensation that meets all your needs. Contact us today to schedule your free consultation.