March 31 , 2021 | Slip and Fall
Slip and fall accident claims in Wisconsin are extremely common. In fact, they are the most common type of premises liability claims in the state. Premises liability law states that property owners must keep their property in a safe condition for anyone that enters. If you have been hurt in a slip and fall accident, one of the first questions you may have is how much your claim is worth. Unfortunately, no one can determine this without first fully understanding the facts of a specific case. Still, there are some guidelines you should follow after you have been hurt.
Damages Available in Slip and Fall Claims in Wisconsin
While there is no such thing as an average settlement in a slip and fall claim, tort law in the state does allow you to claim certain damages or losses. The most common damages available in slip and fall claims are as follows:
- Past and future medical expenses
- Lost income if you have been unable to return to work
- Loss of future earning capacity if you can never return to the same line of work
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
After reviewing your claim, a personal injury lawyer experienced in slip and fall accidents will identify the full damages you are entitled to and will accurately evaluate your claim.
Some damages are much easier to calculate than others. Economic damages, for example, have an actual dollar value. These damages include medical expenses, lost income, and loss of future earning capacity. Due to the fact that these losses have a dollar value, they are much easier to calculate.
Non-economic damages, on the other hand, are the losses you deserve to be compensated for, but they do not have an actual dollar value. As such, they are much harder to calculate. Usually, the value of non-economic damages is calculated by multiplying the amount of economic damages. An experienced lawyer will know which multiple to use so they can accurately evaluate your claim.
Factors that Impact Damages Awarded
In addition to the types of damages available, other factors may affect the settlement you receive. These factors include:
- The amount of insurance the liable party carries
- The severity of your injuries
- The level of duty of care the property owner owed you
- Whether you were at fault for the accident in any way
- Your age and overall health, particularly when calculating lost income and loss of future earning capacity
Lastly, your own level of patience will determine the settlement you ultimately receive. Too many accident victims are eager to accept a settlement that can help pay their medical bills and make up for other losses in the short-term. It is then too late that they realize the settlement they accepted is not enough to fully cover their losses. To ensure this does not happen to you, always have a slip and fall lawyer review your claim before accepting any settlement.
Our Wisconsin Slip and Fall Lawyers Can Accurately Value Your Claim
No one can determine how much your claim is worth without first fully reviewing all the facts of your case. If you have been hurt in an accident, our Oak Creek slip and fall lawyers at Martin Law Office, S.C., can accurately value your claim and ensure you recover the full damages you deserve. Call us today at 414-856-4010 or contact us online to schedule a free case consultation.