Your damages in a slip and fall personal injury case are calculated with a wide range of factors
Slip and fall cases in Austin can be incredibly difficult to calculate the value of. To know the potential value of your settlement, contact one of our Austin slip and fall lawyers. Compensation is based on a variety of factors, such as the severity of your injury, the medical costs associated with it, and the impact that it has had on your quality of life.
In Austin slip and fall cases, several elements must be taken into account when considering how much compensation you may receive. The are many reasons to hire an Austin slip and fall lawyer to make sure necessary steps are taken in your case.
Slip and fall medical treatment documentation
First, any physical injuries sustained in a slip and fall must be documented by a medical professional. This can include anything from broken bones to head trauma. These records will help establish the severity of the injury and will provide valuable documentation for legal proceedings.
If the physical injuries sustained in a slip and fall are not documented by a medical professional, it can be very difficult to prove that the accident actually occurred or that these injuries were due to the accident.
Without medical evidence, Insurance companies can dispute your damages
Without this evidence, it is unlikely that you will receive full compensation for your injury. Additionally, without records of your injury, insurance companies may dispute your damages since they can argue that you may have already been suffering for the pain that you are claiming is a result of the slip and fall. In particular, you should always follow your doctor's care plan for your personal injury case. This could help your recovery and prevent the argument that you were not taking your recovery seriously.
Also, without proper documentation, slip and fall cases can become complicated and difficult to prove in court. It is important to seek medical attention as soon as possible after an accident occurs so that all necessary documentation can be obtained.
Seeking legal advice and representation can also help ensure that your case is properly argued and that you have the best chance of receiving compensation for your injury.
Example: Bill's back injury goes undiagnosed after a slip and fall
Bill was walking down a flight of stairs, holding onto the railing, when the railing came dislodged from the concrete. This causes Bill to lose his balance and fall to the steps, causing him to suffer a back injury. Bill makes it home after falling, but wakes up the next morning feeling stiff. His back is very tense.
Bill decides to try and tough it out, and not seek medical treatment. Months later, Bill is still suffering from the pain and decides to send a demand to the insurance company for the property. Unfortunately, the insurance company will likely offer very little for his injury, or nothing at all. This is because Bill has no proof that the incident occurred, or that he was in fact injured.
Loss income, lost wages, medical bills and other financial losses from the slip and fall injury
The second factor which affects the value of an Austin slip and fall injury case is the amount of financial loss you have suffered due to the injury. Lost wages from being unable to work due to an injury can greatly reduce the amount of compensation you are entitled to receive for your case.
Additionally, if you were unable or limited in performing certain activities due to pain or recovery time associated with your injury, this could also count towards compensation claims as well as any out-of-pocket expenses related to treatment or therapy.
What proof is needed for financial loss damages in your slip and fall settlement?
In order to prove that you have experienced an economic and financial loss due to your slip and fall injury, it is important to provide evidence such as pay stubs, medical documents and receipts for treatment, as well as proof of any time missed from work due to recovery or pain related to your injury. It can also be helpful to provide evidence of any recreational or daily activities that you are no longer able to do because of your injury.
Your Austin slip and fall lawyer can help gather this evidence and use it in court proceedings or negotiations with insurance companies in order to maximize the amount of compensation you receive for your Austin slip and fall case.
Additionally, if you were unable or limited in performing certain activities because of pain or recovery time associated with your injury, this could also count towards compensation claims as well as any out-of-pocket expenses related to treatment or therapy.
Example: Bill's financial loss after an injury
When someone has missed time at work, or lost out on business opportunities, they may be able to claim this in their case. For example, Bill slips on a dangerous portion of a walkway outside of a gas station, and breaks his arm.
Bill works as a roof maintenance technician, and is told by the doctors that he must stay home from work for two weeks and avoid physical activity. In Bill's personal injury claim, he may claim the amount of time he missed work as part of his demand for compensation. This will often be calculated by the number of days that he missed multiplied by his daily-hourly rate.
Mental and emotional damages from the slip and fall injury
Finally, non-economic damages like emotional distress or suffering may also be factored into determining the worth of an Austin slip and fall case. If you experienced extreme mental anguish due to your injury, such as fear or anxiety over physical activity, this could be considered in determining compensation amounts for personal injury cases in Austin.
Proof of mental and emotional damages after a slip and fall injury
In order to prove mental and emotional damages from an Austin slip and fall injury, it is important to provide evidence such as medical documents and records detailing the psychological effects of the injury, including diagnosis of any mental health disorders or psychological impairments.
It is also beneficial to include statements from family members or friends describing changes in behavior or mood following the injury. Additionally, a personal testimony from the injured party can help paint a clear picture of the physical, mental and emotional effects of the injury.
Other types of evidence that can be used to demonstrate mental anguish caused by a slip and fall injury include photographs, videos, or other media that shows the effect of the injury on daily life. Additionally, it may be beneficial to have witnesses who are able to testify about changes in behavior or attitude that have occurred since the time of the accident.
It is important for an individual seeking compensation for mental anguish caused by an Austin slip and fall accident to keep detailed records of their experience with doctors, therapists, counselors and other medical professionals in order to demonstrate how much their quality of life has been affected by this incident.
Compensation for non-economic damages like pain and suffering can vary greatly depending on individual circumstances so providing strong evidence is key in obtaining full compensation amounts for personal injury cases in Austin.
Example: Bill's slip and fall causes lasting mental damages
Bill is at a holiday banquet for his company. He is to give a speech to his coworkers about how great the year has been for the team. The dinner ends and Bill walks to the front to grab a microphone and begin his speech. He has been looking forward to this moment for weeks, and his prepared to deliver a good speech.
On the way to the front, he does not notice that a piece of wood on the floor has become damaged and is sticking up inches in the air. Without noticing it, Bill's foot catches it and he falls forward, striking his head on the table. Bill is dazed and has to be helped while laying down on the floor in-front of his coworkers.
After receiving care at the hospital, Bill returns home to recover. He takes a week off and returns to work at the office. Bill is extremely embarrassed by what happened, and this follows him for weeks. Along with anxiety he now feels walking around the office. This mental pain that Bill is suffering with is something that his slip and fall lawyer will be able to demand compensation for.
Overall, there is no one-size-fits all answer for how much an Austin slip and fall case might be worth because there are too many variables at play when determining a number for compensation claims for these types of cases. However, consulting with a qualified personal injury lawyer can help shed light on specific details related to your situation so that you can gain an understanding of what kind of settlement amount may be reasonable for your particular claim.
Contact our Austin Slip and Fall Lawyers to discuss your damages and potential settlement amount
If you have been injured in an Austin slip and fall injury accident, it is important to seek legal advice from an experienced Austin personal injury lawyer. Our law firm has the knowledge and resources necessary to help you understand what your case may be worth, as well as how best to pursue compensation for medical costs, lost wages, emotional distress or suffering. There are many other reasons to hire a slip and fall lawyer for your case.
We are dedicated to helping our clients get the maximum amount of compensation they deserve so that they can move forward with their lives after such a traumatic experience. Our firm offers a free consultation with an Austin slip and fall lawyer. Call us at 512-619-4006. Don't wait any longer, contact us today for more information on how we can assist you in obtaining justice.