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How Are Slip and Fall Settlements Determined in Atlanta, GA?

By December 3, 2020 January 14th, 2021 No Comments
How Are Slip and Fall Settlements Determined? | Ponton Law

Your life can take a bad turn following a slip and fall accident. All of a sudden, you could be forced to cope with accumulating medical bills and physical pain. Your injuries could also keep you from working, which could worsen your financial state. But what if you could get compensated for your losses?

In this post, we answer some crucial questions. How are Slip and Fall Settlements determined? Can a Slip and Fall Attorney help you get the compensation you deserve?

 Factors that Influence Slip and Fall Settlement Amounts

No two slip and fall cases are similar, and the same can be said about settlements. Overall, the amount you receive as compensation is dependent on several factors. The judge or jury will want to know who caused the accident, how they did it, and whether you had a part to play in the fall.

Some of the factors that weigh heavily on the outcome of a slip and fall settlement are:

 Negligence

A person is negligent when they fail to act reasonably, or they act in total disregard for the safety of others. When determining your settlement amount, both your attorney and the judge will study the presence and level of negligence in your case. You are unlikely you receive compensation if you cannot prove that the defendant was negligent.

If the at-fault party acted out of gross negligence, you could also be eligible for punitive damages. This is additional compensation designed to punish the defendant for unacceptable behavior.

In a slip and fall, a property owner can be found negligent if:

  • A reasonable person would be able to identify the cause of your accident as a dangerous condition.
  • The owner had the opportunity to improve the condition before the accident but didn’t
  • They caused a dangerous situation.

Proof of Fault

Once you have established negligence, you must show that the property owner owed you a duty of care, which they breached and, in doing so, caused your injuries. It is also important that you prove you did not play a part in the accident. If you are found to be partially at-fault for an accident, you could receive less settlement. 

Nature of Injury

Your attorney will usually estimate the value of your injury-related losses and factor them into your settlement. Severe, permanent, and life-altering injuries tend to fetch the highest settlement amounts since they require extensive treatment, rehabilitation, and aftercare. Besides this, they also affect your earning ability and prevent you from attending work for a long time.

 Pain and Suffering

Pain and suffering is a non-monetary loss. However, it is factored into your settlement using a multiplier ranging from 0.5 to 5. The severest injuries are assumed to cause the most pain and suffering and awarded a 5-point multiplier. This means that your settlement amount will be multiplied by five.

 Talk to an Atlanta, GA Slip and Fall Attorney

Slip and Fall Settlements tend to vary from case to case. Even knowing how they are determined, you might be unable to calculate an accurate estimate. The best way to know what to expect is to discuss your case with an attorney.

At Ponton Law, we are dedicated to protecting the rights of personal injury victims. We apply our experience and resources to help you get the compensation you deserve. If you were injured in a slip and fall, contact us today at 404-860-2454 to talk to an experienced slip and fall attorney.