Home Law How to Get the Compensation You Deserve After a Slip and Fall with Surgery

How to Get the Compensation You Deserve After a Slip and Fall with Surgery

by Maria L. Searle
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How to Get the Compensation You Deserve After a Slip and Fall with Surgery

You may be entitled to a settlement if you’ve been injured in a slip and fall accident requiring surgery. Slip and fall accidents commonly cause personal injury and can result in severe physical trauma.

Sometimes a physical injury requires surgical intervention to correct and treat the damage caused.

Slip and fall settlements with surgery have different factors that affect determining the amount, including the severity of your injuries, the amount of lost wages, and the amount of your medical bills.

Let’s go through every aspect of a slip and fall settlement, focusing on the difference between one with surgery and one without.

What Are Slip and Fall Settlements?

Slip and fall settlements are legal and financial agreements reached between a person who was injured in a slip and fall accident and the party responsible for the accident, or the person’s insurance company.

The injured person agrees to drop all legal claims against the responsible party in exchange for the settlement.

The Role of Surgery in Settlements

When calculating the settlement amount, the severity of the injury is one of the primary factors that contribute to the amount.

If you require surgery, it indicates that your injury is severe, which means the settlement is likely to be of a higher value.

What Is the Average Amount for Slip and Fall Cases with Surgery?

The average settlement amount for slip and fall cases with surgery varies and depends on the circumstances.

Generally speaking, the more serious the injuries and the more negligent the responsible party, the higher the settlement amount.

On average, those cases can range from $10,000 to $50,000 and more. One of the largest examples of slip and fall settlements is a man who received $18 million for falling into a manhole.

What Are the Most Common Injuries Sustained in Slip and Fall Accidents That Require Surgery?

The most common injuries sustained in slip and fall accidents that need surgery include broken bones, particularly the wrists, legs, and hips.

They also include back, head, and spinal cord injuries. This is mainly because these injuries can be severe and require extensive medical treatment, including rehabilitation, surgery, and long-term care.

Some of the most common hazardous conditions that lead to slip and fall accidents include:

  • Uneven or wet floors
  • Bulging carpeting and loose flooring materials
  • Unsalted icy areas
  • Debris or trash on the ground
  • Uncleaned spills
  • Potholes or manholes
  • Cords in walkways
  • Poor lighting

What Are the Factors That Affect a Slip and Fall Settlement Amount?

Three major factors determine the amount of your slip and fall settlement:

1. How Severe the Injuries and Losses Are

Serious injuries like concussions, internal bleeding, broken bones, blood clots, and the like require several weeks or even months for recovery.

During that period, your medical bills will accumulate and you may even be unable to keep up with your earnings.

If your insurance claim doesn’t cover you, especially when you need surgery, it can be a massive blow to your savings. However, whether your injury requires surgery or not isn’t the sole determinant of the amount of your compensation.

2. Liability Degree

The victim’s liability plays a huge role when it comes to determining the settlement amount. Factors that affect the degree of liability include the following:

  • Whether or not the victim was legally allowed to be on the property.
  • Whether or not the property had poor maintenance such as uneven steps, damaged floors, spilled liquids, or damaged railings.
  • If the owner failed to leave a clear warning to make people aware of those hazards.
  • Whether the owner chose to ignore those safety hazards despite being aware of them.
  • If the owner didn’t meet the proper building and maintenance regulations.
  • Whether the victim made sure to follow safety precautions to keep themselves safe where the accident took place.
  • Whether or not the victim sought medical attention right after the accident.

3. How Clear the Evidence Is

Gathering evidence is essential, not just for when you file the case but also from the moment the accident happened. After all, the stronger the evidence, the higher your compensation will be.

Some important pieces of evidence include:

  • Receipt of all economic and non-economic damages. These include rehabilitation, surgery, medication, medical appointments, and other costs.
  • Photos of the scene showing the safety hazard clearly and how it caused your fall.
  • Photos and surveillance footage of the incident. If it shows the lack of safety measures taken by the property owner, you’ll likely receive a higher amount.
  • A copy of the accident report you filed with the property owner or manager.
  • Copies of the property’s safety inspection and maintenance records.

Should I Hire a Slip and Fall Attorney

Should I Hire a Slip and Fall Attorney?

It’s crucial to have an experienced personal injury lawyer on your side to help you navigate the complex legal process of negotiating a fair settlement.

Your attorney can explain your legal rights more clearly and present you with options that ensure satisfactory compensation.

How Does the Settlement Process Go?

Here’s what you need to know about the settlement process for slip and fall cases with surgery:

Filing a Claim

The first step you need to take is to file a claim, which involves notifying the responsible party or your insurance company of your injury and providing evidence to support the claim. Evidence can include photographs of the accident scene, witness statements, and medical records.

Once you file the claim, the insurance company starts investigating the accident and determining the liability. If they accept liability, they will offer you a settlement to cover the damages you’ve incurred.

Negotiating a Settlement

When you receive the settlement offer, you should review it carefully, or better yet, pass it on to a lawyer to determine whether the compensation is fair for your damages or not.

During the negotiation phase, the insurance company will exchange offers and counteroffers until both parties reach an agreement. Otherwise, the case can move to trial to reach common ground.

Going to Trial

Although going to trial can be expensive and time-consuming, it’s sometimes necessary if you can’t reach a fair agreement with the responsible party.

During the trial, both the victim and responsible party present evidence to the judge and/or jury, who then determine the liability and damages.

Bear in mind that if the verdict is in your favor, you may receive a higher settlement amount than what was originally offered. However, if you don’t win, it’s possible to receive no compensation at all.

FAQs

Can slip and fall cases without surgery still result in a settlement?

Yes. Slip and fall cases without surgery can still result in a settlement. The amount depends on the severity of the injury and the extent of the damages incurred by the victim. These include past and future lost wages, pain and suffering, and medical bills.

How long does it usually take to receive a slip and fall settlement with surgery?

The amount of time it takes to receive a slip and fall settlement with surgery depends on the circumstances of the case, but they typically span between 3 and 18 months.

In some cases, you can settle relatively quickly, while others can drag on for months or even years.

Final Thoughts

In short, if you’ve been injured in a slip and fall accident that requires surgery, it’s crucial to understand your legal options. The lawsuit can help you recover damages for medical bills, lost wages, emotional distress, and other expenses related to your injuries.

Working with a skilled lawyer can increase the chances of receiving fair compensation, so if you have the means, you should go for it.

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