The monetary value for pain and suffering in a slip and fall case can vary drastically based on several factors, such as the severity of your injuries, degree of fault, the duration of the symptoms, treatment, and the strength of your evidence, among other things.
Since each personal injury case is unique, an exact amount can only be estimated if you consult with a personal injury lawyer and reveal the circumstances of your case. It’s worth noting that pain and suffering are non-economic damages that aren’t awarded solely.
Instead, this non-economic damage is usually compensated alongside other damages and losses such as medical expenses, lost wages, and others. However, to get a clearer picture of how much your pain and suffering may be worth in a slip and fall accident in South Florida, here are some factors that are used to determine value:
The Extent of the Injuries
Injuries can range in severity in slip and fall cases, and usually, the more severe the injuries are, the more chances you have to receive a higher compensation amount. For example, injuries that result in chronic pain, permanent disabilities, or diminished quality of life will more likely result in higher compensation.
However, the extent of your injuries is not a guarantee that you will receive compensation since you must prove that the negligence of another party caused the injuries sustained. In slip-and-fall cases, the other party is usually the property owner. If you have strong evidence to prove the property owner’s negligence and that, due to their negligence, you have suffered injuries, then you have the legal grounds to pursue a claim.
Medical Treatment
The medical treatment required for your injuries, as well as its length and other procedures such as surgery, rehabilitation, or therapy, will also influence the value of your pain and suffering. If treatment is lengthier and requires more invasive procedures, then your pain and suffering value can be higher.
Impact on Daily Life
Injuries can impact a person’s daily life in various ways, such as preventing them from enjoying their hobbies or other activities. Sometimes, these injuries can also affect a victim’s interpersonal relationships.
You can pursue a higher monetary claim depending on how much the pain and suffering interfere with your daily life. However, it is crucial to document these aspects.
Duration of Pain and Suffering
The length of time a victim experiences pain and suffering as a result of their slip and fall injuries can also be taken into consideration when determining value. Even though injuries can heal, chronic pain can persist in some cases.
In such instances, victims should document their symptoms and duration. Let your personal injury attorney know exactly what you had to go through so that they can fight on your behalf for a higher settlement amount.
Comparative Negligence
Another crucial factor determining the amount you receive in a slip-and-fall claim for your pain and suffering is South Florida’s comparative negligence laws. Since the state of Florida follows a modified comparative negligence system, you can lose some of your claim’s total compensation amount if you are found partly at fault.
For example, if your claim is worth $100,000 and you are found 30% at fault, you will only be awarded $70,000. However, if you are more than 50% responsible for your slip-and-fall accident, you can be completely barred from compensation.
Legal Representation
Legal representation can give you a fighting chance at maximizing the chances of receiving maximum compensation. Suppose you wish to pursue a slip and fall claim and seek compensation for all your economic and non-economic damages, including pain and suffering. In that case, you should consult with a personal injury attorney.
A personal injury attorney will diligently analyze the circumstances of your case and apply the appropriate legal strategies to highlight your damages. If the other party tries to shift the blame onto you, a lawyer will use the available evidence of your case to combat such statements and decrease your chances of being assigned fault.
Once you are assigned less fault or no fault at all, the value of your compensation will no longer be deducted as much or at all. A dedicated lawyer will help you gather evidence to strengthen your claim, speak with witnesses, gather medical records or accident reports, negotiate on your behalf, and protect your best interests.
Since most personal injury lawyers offer free consultations, you might quickly learn the true worth of your pain and suffering.
Source: Englander Peebles, Personal Injury Attorneys, FL33309
