“What is my case worth?” is one of the most common questions our Carlsbad slip and fall attorney receive. To the chagrin of many prospective clients, the answer is usually, “It depends.” Various factors can affect the potential value of your claim, including:
The Severity of Your Injuries
How severe your injuries are will affect the value of your claim. Generally, the more serious your injuries, the greater the compensation you stand to obtain. This is because more serious injuries have a greater impact on your life. They cause you to incur more medical bills, may affect your long-term earning capacity, result in more pain and suffering, and have a more profound impact on your life. A personal injury settlement should fairly compensate for the losses you’ve suffered, which are more significant when you have sustained a serious injury.
The Amount of Your Medical Expenses
The amount of your medical expenses following a slip and fall can also dramatically affect the compensation you can recover. You may have incurred significant medical expenses for emergency treatment, diagnostic tests, and follow-up care. You could also be facing significant future medical expenses. Through a Carlsbad personal injury claim, you can seek compensation for these losses. Additionally, insurance companies use medical expenses to estimate the value of your pain and suffering.
Your Lost Wages
Personal injury victims can seek compensation for their past and future lost income. Personal injury lawyers can gather evidence to prove the full extent of these losses, which may include:
- Lost wages and salaries
- Overtime pay
- Commissions
- Bonuses
- PTO, vacation days, and other benefits
- Employment perks
Your check stubs, a letter from your employer, and wage loss statements may help prove the value of these damages.
Whether the Accident Caused Permanent Disabilities or Impairments
If the accident caused permanent disabilities or impairments, you may be owed additional compensation. You may need to renovate your home and/or vehicle to accommodate your disability. Additionally, you could be owed compensation for a reduction in your long-term earning capacity. Proving these damages often requires having an economic or vocational expert evaluate what you would have earned had you not been injured vs your new expected earnings.
The Extent of Your Pain and Suffering
In addition to the quantifiable losses you’ve suffered, you also have the right to recover compensation for your intangible losses, including your pain and suffering.
Whether You Contributed to the Accident
California’s comparative negligence doctrine allows accident victims who contributed to the accident to recover compensation for their injuries, but this compensation is reduced by their degree of fault. The more fault you had in causing the accident, the more your potential award will be reduced.
The Insurance Coverage Available for Your Claim
Many slip and fall claims are resolved through an insurance claim. The insurance company will not pay more than the coverage the insurance contract provides.