How can I tell how much my slip and fall injury claim is worth?

Published August 10, 2018 by Christina Catedrilla

Most of the time, it is nearly impossible to be able to know in advance how much a slip and fall claim is worth until the facts have been fully investigated, the owner’s liability has been well-established, and the claimant’s medical treatment has concluded. Englander Law will assist clients with reviewing the case from beginning to end to ensure that it is analyzed thoroughly.

It is normal for individuals to want to know the value of their case immediately after an accident. The thought of vindication and paying off mounting bills are probably driving that desire to know. However, placing a price tag immediately after the accident is often not helpful for the following reasons:

  • The injured party isn’t always acutely aware of all the injuries immediately after the accident;
  • The injured party often does not accurately foresee the kind and duration of treatment they require for their injuries;
  • The injured party doesn’t always fully anticipate the strain the accident would place on his or her personal life; and
  • The injured party doesn’t always fully account for the psychological and emotional stress that the accident would place on him or her.

Although these are merely a few common effects that an injured person cannot always account for immediately after an accident, they represent some of the most important parts of a claim. This information becomes more valuable if an attorney presents them to an insurance company and provides medical documentation and other evidence. Calls for immediate compensation are often not in a claimant’s best interest. Additionally, once the claimant signs a release, he or she is barred from recovering from that party further in the future.

Sometimes, claimants hear that they can receive three times as much compensation as their medical costs. However, this formula is often inaccurate and that the worth of a case is based on the circumstances surrounded each case. A person may receive that much, or more, or less. Consulting an attorney may help you manage your expectations regarding your potential recovery.

There are three main components of any injury claim that may influence how much a claimant may recover from a defendant:

  • Any past or future medical expenses incurred;
  • Any past or future wages or earning capacity lost or diminished; and
  • Any past or future psychological and emotional suffering, pain, disability, or disfigurement.

In these kinds of cases, Englander Peebles will immediately inform the liable party‚Äôs insurance company of the injured party’s legal representation and require that they send the law firm a certified declarations sheet that outlines the insurance policy’s specific coverage terms and limits for the insured liable party. Once the law firm receives a copy of these declarations, the injured party will know how much money is available for recovery, but this will still not be a determination of the total amount that a claim is worth as other factors influence this. Englander Peebles can assist you with reviewing an insurance policy so that you have that information available. Insurance policies are often difficult to interpret, and an attorney will be able to assist you with deciphering pages of legalese so that you are aware of your rights in a particular case.

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