If you were recently involved in a slip and fall accident in Worcester and you’re thinking of filing a slip and fall accident claim, you’re probably wondering what it will take for you to win your case. Slip and fall cases are not easy to win because you have to prove three critical things:
- The other party was negligent
- Their negligence caused your injuries
- Your injuries have Direct financial costs
Slip and fall accidents can occur in a number of ways. It can be either due to a lack of signage cautioning a slippery floor or a not-so-easy-to-spot bump on the carpet etc. Even when the owner of a property does not take the necessary precautions to ensure their premises are safe for the occupants, you might not still be able to prove your claim. However, you shouldn’t hesitate to consult a Worcester slip and fall accident lawyer who can review your case and give you all your available legal options.
Will your slip and fall case go to trial?
Many slip-and-fall cases are settled outside of court because it is less time-consuming and less expensive than to take the case to trial. However, every slip-and-fall case is unique and the outcome of your case will depend on the circumstances surrounding your accident.
There have been situations whereby a slip-and-fall case settles before a trial takes place. The biggest determinant as to whether your case goes to trial will depend on whether the insurance company will offer you a fair settlement.
How long will your slip and fall case take to settle?
Your slip and fall case might take anywhere from a few weeks to a few years. This of course will depend on the exact situation surrounding your accident. If your accident was caused by someone else’s negligence, you have no control over how long your case will take to settle. There are a few steps you can take to expedite the process and your Worcester slip and fall accident lawyer should advise you accordingly. Additionally, you do not want to rush the process such that you negatively affect your chances of getting a fair settlement.
How can you prove negligence in your slip and fall case?
It can be quite difficult to prove that a property owner was negligent even though they are obligated to maintain their property and take care of any hazards as soon as possible to avoid serious injuries.
The property owner might argue that you were partially or fully at fault by claiming that you are not paying attention while you were walking or that they were aware of the hazard.
You therefore must prove that the property owner knew about the dangerous condition and they did nothing to remedy the hazard or that their carelessness caused the dangerous situation which resulted in the accident.
How do you calculate pain and suffering in a slip and fall claim?
Pain and suffering in slip and fall cases are calculated in two ways:
The multiplier method:
In this method, you pick a number between 1.5 and 5 and assign it to the severity of your injury. Your Worcester slip and fall accident lawyer will work with you to come up with this number.
Once a number has been picked, it will be multiplied by the actual cost of repairing the injury. For example, if the cost of your medical treatment was $10,000 and you picked number 2, your pain and suffering damages will be:
$10,000 X 2=$20,000
The insurance company will offer you an amount that is lower than that but your slip and fall accident lawyer in Worcester should be able to negotiate that amount to ensure that you get a fair settlement.
Per diem method
In this method, you will be paid a specific dollar amount every day from the time of the accident until you reach maximum medical improvement.
Our Worcester slip and fall accident lawyers are happy to help
At Kevin P Landry Law Offices, we will review your case free of charge and advise you accordingly. To book your free initial consultation contact us at today. We are available 24/7.
