What Is a Typical Slip and Fall Injury Settlement in Texas?
If you have been in a slip and fall accident in Texas, and you are considering contacting an attorney about filing a claim to seek compensation for your injury, you probably have a few questions. The most common question is simple, what is a slip and fall injury case worth in Texas? The answer depends on the nature of the accident, extent of damages, liable party, and type of injury. Without the details of the Texas slip and fall case, it can be challenging to calculate an accurate settlement estimate. The actual value of any slip and fall case is determined during settlement negotiations with the at-fault party or the at-fault party’s insurance company.
What Factors Determine the Value of a Texas Slip and Fall Case?
Severity of Injuries – both the number of injuries and the severity of the injury are considered crucial factors during settlement negotiations.
Emergency Care Costs and Necessary Medical Expenses – Slip and fall injuries can require immediate, emergency care, as well as ongoing medical treatment, hospitalization, rehabilitation, ongoing doctor’s office visits, etc. These costs, as well as the costs of any necessary medical equipment, prescriptions, etc. are taken into consideration during slip and fall settlement negotiations.
Loss of Income and Projected Loss of Income – After a slip and fall accident, it is not uncommon for the injured party to be unable to return to work—time away from work due to an injury results in lost wages. For injured parties who are permanently disabled, their future earning capacity and pension could be negatively impacted. Injured parties may be able to recover lost wages as part of their slip and fall case settlement.
Physical Pain or Emotional Suffering – Many injured parties experience pain and suffering, long-term disability, or disfigurement due to their slip and fall accident. Non-economic damages may also be considered as a factor when determining the value of a Texas slip and fall case.
Three Main Elements Contribute to the TX Slip and Fall Case Outcome:
1. The At-Fault Party – Most critical in any slip and fall case or premises liability case is establishing who is responsible for the accident and, therefore, the injuries. If the slip and fall occurred on a location that holds liability insurance, the insurance company could actively seek to resolve the case.
2. How the At-Fault Party Contributed – In slip and fall cases, the owner of the property often neglected to maintain property safety standards to prevent accidents. Carelessness, recklessness, or negligence on the part of the property owner may have contributed to the slip and fall accident or the severity of the sustained injuries. Common negligent conditions include poor lighting, limited visibility, lack of necessary signage, lack of company policy, etc. Negligent conditions or actions on the part of the property owner are a contributing factor when determining slip and fall case negligence.
3. Freeing the Injured Party of Fault – For the best outcome, the injured party, or plaintiff, in the case must be cleared of any shared liability. If the plaintiff contributed to the accident, the “share” of the liability the plaintiff is assigned might affect the value of the slip and fall case.
If you are in a slip and fall accident on a Texas property, don’t hesitate to call the experienced slip and fall attorneys at Carrollton’s Hudson Law Firm. We put Personal back into Personal Injury Law.