The value of your slip and fall accident case is dependent on the types of injuries you have, the long-term impact of those injuries, and whether you can hold the at-fault party negligent under the law to recover those damages.
Factors like the type of treatment you need, whether you can go back to work, and the impact on your overall health and well-being all play a role in determining the value of your slip and fall claim. Speak with a slip and fall accident lawyer in Nashville about your case today.
Determine If Someone Else Was Responsible
If you fall on someone else’s property and you can prove that they were negligent, you can file a claim for all losses you have directly with their insurance company. The burden of proof is on your shoulders as the victim. You must prove negligence through four elements:
- Duty of care: The at-fault party owed you a duty of care. This means they should have a hazard-free environment, and you have the legal right to be on the property.
- Breach of the duty of care: In some way, the owner breached the duty of care, such as by creating or failing to alleviate hazardous conditions.
- Causation: The breach is the direct cause of your slip and fall accident. If that condition was not there, you would not have fallen.
- Losses: You suffered financial and physical losses from the incident, such as injuries requiring medical care.
The value of your case is dependent first on your ability to hold one or more parties accountable under these elements. Your accident lawyer will work with you to better understand these elements as they apply to your situation.
Comparative negligence in a slip and fall case matters, too. In Tennessee, for example, the state follows a modified comparative fault rule. This means you can file a claim for your losses, but they will be reduced by the percentage of fault attributed to your actions. If your fault is 50% or more, you cannot seek any compensation.
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Your Ability to Prove the Losses You Have
The second factor, after demonstrating negligence, is demonstrating the value of your losses. Gathering evidence that documents your specific losses is critical. Examples of common losses suffered in a slip and fall accident may include:
- Medical expenses for the injuries you have and will have in the future
- Ongoing health care needs and support, such as in-home care
- Loss of income from missed time at work
- Loss of earning capacity if you can no longer do the same type or amount of work you were doing
- Property damage suffered
- Pain and suffering at the time of the incident and onward
- Emotional trauma and mental anguish
You must fully evaluate the losses you have now and into the future. This includes considering physical injury-related losses, financial implications of the incident, and your emotional and mental health.
By working with a slip and fall accident attorney, you will have a clear picture of what your case is worth based on the actual evidence in your case. Witness statements, financial records, and other data demonstrating fault and loss are critical in making the insurance company understand what your case is worth. Your injury attorney in Nashville will work to gather evidence and document these losses as thoroughly as possible to make sure you do not settle for less than you are owed.
