It is often difficult to calculate the value of a slip and fall case, since there are many factors involved. Certain damages are easier to track such as medical expenses incurred for the injuries; however, there are certain damages like pain and suffering, where it is difficult to put a dollar amount.
Unpredictable Aspects
The value of a slip and fall case will also depend on the circumstances surrounding the case, the insurance coverage of the party at fault, the severity and level of injuries, the available proof of negligence, and the wealth and assets of the defendant. Secondly, there are many subjective factors involved such as level of juror’s sympathy, the appearance of the victim, the perception of the jurors, and so on.
An Understanding
Since there are no rules for calculating damages, it is often a daunting task for courts to put a correct dollar amount for the damages suffered by the victim, even in the case of medical expenses. For instance, a person who has incurred $2,000 medical expense for a broken leg will have a better chance of recovering the amount, compared to a person who has spent the same amount for soft tissue therapies, where there is no dislocation or broken bones.
This depends though. Anyone who is hurt because of someone else should have everything paid for. This does not even include some sort of punitive damages that should be imposed. If someone is down $2,000 because of someone else, they should be compensated. This does not even cover the time that someone has lost due this accident that should not have occurred.
How about someone’s life being affected? They were probably not impacted severely and their productivity was perhaps not diminished too much but there was some objectives and projects they may have had to put on hold because of the incident. This should all factor in when it comes to punitive damages being considered.
The Formula
Usually, your lawyer while calculating the value of your slip and fall case will include actual medical expenses, the projected amount of losses and/or expenses you are likely to incur because of your injuries, pain and suffering, and loss of consortium, which is the impact your injuries is going to have in your future life.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Taylor King, who opened the firm’s first office in 1994 and has been practicing law for more than 30 years.
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