Whether it is at a store or work, slip-and-fall accidents occur often. Sometimes the floor is wet and slippery, while other times, there is an obstructive object in the walkway that trips you. Regardless of the cause, if one sustains injury following a slip and fall in the work environment, the business owner or employer might be held accountable for the incurred damages.
Factors Determining a Slip-and-Fall Settlement
The main factors influencing a slip-and-fall settlement include:
- Who is generally liable?
- How did the responsible party contribute to the accident?
- Did you contribute or cause the accident in any manner?
Negligence
Negligence is the failure to behave responsibly with regard to the protection of others. An uneven surface or pothole may have developed a hazardous situation. The main criteria in this evaluation are if a reasonable person could have identified the condition as unsafe or possibly dangerous and whether the responsible party had sufficient opportunity to change the situation before the injury. As the plaintiff bears the burden of proof, the case’s evidence will include the declarations or affirmations required to assess the level of negligence.
Liability
To establish liability, one must have a legal obligation for the premises and any events that occur on them. If they have insurance that relieves them of the responsibility, the company or property owner would generally get relieved liability for an injury in their workplace. In such a case, the plaintiff will file his/her claim against the insurance company.
How Are Slip-and-Fall Settlements Determined?
Slip-and-fall settlements are reached after a lot of discussions with the parties concerned. Each side will present what they are ready to accept as a settlement to resolve the case. A slip-and-fall claim calculation is not always a straightforward problem and has no formula.
Instead, it is merely a bargaining process between the injury victim and the at-fault party. You can consult with an experienced personal injury attorney before deciding how to handle settlement proceedings. They will assist you in negotiating with insurance providers and ensuring that you receive what you are due.
But in general, your settlement amount is calculated based on your sustained damages and losses. These may factor in your hospital bills, rehabilitation, transportation costs, lost income, as well as pain and suffering.
How Can An Experienced Attorney Help?
Aside from the estimates, deciding how to approve a slip-and-fall settlement may be the most critical aspect of your slip-and-fall case. You need to ensure that the compensation provided to you is what you deserve. An experienced personal injury lawyer has handled slip-and-fall litigation before. They will offer you the advice you need to ensure that your payout is fair.
If you or your loved one suffers a workplace and is seeking compensation, Contact Ponton Law. With an Atlanta car accident attorney by your side, there is assurance that your best interests are well represented throughout the claim process.