How much the average slip and fall settlement in Los Angeles provides for the victim depends entirely on the specific facts of the individual case. Because of this, there is no way to calculate an average settlement in a premises liability case. Every slip and fall accident, motor vehicle collision, or another type of personal injury incident has its own unique circumstances, causes, and other factors. Even when two cases appear similar, there is no way to compare their value.
For example, imagine two people both slipped in spilled water in Los Angeles restaurants. The first person broke her hip while the second hit his head and suffered a traumatic brain injury. Both require ambulance transportation to the same hospital and hospitalization. However, this is where the similarities end. Even though they may recover the same types of damages, the values will depend on their own treatment, losses, pain and suffering, and other factors.
Factors that Influence Settlement Value
There are different factors that influence the value of a slip and fall settlement or award granted by the liable party or courts. This is why there is no way to calculate an average settlement with any sort of accuracy. There is no way all of the factors will be the same in two cases, no matter how similar.
The type and severity of the injuries may play a significant role in the value of a case because it impacts so many other factors. This includes:
- The necessary hospitalization
- Treatment, surgery, and medication costs
- Rehabilitation and therapy expenses
- Additional care and support necessary during recovery
- Ongoing care and support for long-term or permanent injuries
Your injuries also play a role in the time you miss at work. Based on your missed wages, you can recover lost income and related benefits, as well as reduced earning capacity if your fall injuries prevent you from going back to work at your previous job or pay level.
The identity of the liable party and their level of negligence will be a factor in the value of your case. In some cases, they may be able to present evidence showing you were partly at fault for your fall and injuries. When this occurs, comparative negligence laws reduce the value of your settlement based on the percentage of shared fault.
Calculating a Fair Settlement Value for Your Los Angeles Fall Case
While there is no way to determine how much the average slip and fall settlement is in Los Angeles, your attorney can help you calculate what a fair settlement may look like in your case. This is a crucial step in the insurance claims process because it helps ensure you will not agree to a settlement that does not cover the expenses you will need to pay for your care.
When your attorney gathers evidence to prove your case, they will also collect proof of your related expenses and losses. They can then evaluate the unique factors mentioned previously and determine what a fair settlement range might be in your case. They will then use this range and supporting evidence to demand a just payout from the insurer.
Pursuing a Financial Award in Your Los Angeles Slip and Fall Case
In California, those who suffer injuries as a result of a slip and fall, trip and fall, or another fall injury can pursue a payout by holding the property owner liable for their fall. California Civil Code (CIV) §1714, the state’s premises liability statute, establishes an owner duty of care. All property owners or responsible occupiers must keep their property clear from hazards that could cause a visitor to suffer injuries.
If they fail to do so, the victim may have up to two years to file a personal injury lawsuit under California Code of Civil Procedure (CCP) §335.1. In some cases, victims receive a settlement from the insurance company representing the property owner. Knowing how much to demand in this type of settlement, however, can be difficult.
Speak with Our Los Angeles Slip and Fall Team Today for Free
The team from Pintas & Mullins Law Firm can help you understand your case and determine if you have legal standing to take action. If your case qualifies, we will calculate your fair settlement value and seek a financial award on your behalf based on that value. You will not need to pay us anything upfront. We work based on contingency fees, so our fee comes out of the settlement we recover for you.
Call (800) 223-5115 now to discuss your fall and fall injuries with a member of our Los Angeles team.