Slip-and-fall accidents can happen anywhere, anytime.
They can involve minor or catastrophic, life-changing injuries.
That’s why it’s hard for many accident victims to determine their case’s value.
Understandably, prospective clients want to know, “How much is a slip-and-fall case worth?”
It is probably no surprise that slip-and-fall settlement amounts vary significantly from case to case.
Because the amounts vary so widely, an “average” slip-and-fall settlement really doesn’t exist.
And even if an average could be calculated, it might have no bearing on what your settlement could be.
The individual facts of your case matter much more than any average.
If you suffered injuries in a fall due to another party’s negligence, contact the New Mexico premises liability lawyers at Fadduol, Cluff, Hardy & Conaway, P.C.
We can review your case and help you calculate the value of your slip-and-fall injury.
What Is the Average Payout for a Slip-and-Fall Injury?
Calculating the potential value of a slip-and-fall settlement is not always straightforward.
Rather than search for potential payouts, focus on gathering evidence and building the most robust case possible.
Several factors dramatically affect your potential settlement value.
Factors Impacting Slip-and-Fall Settlement Amounts
Once you understand the factors that impact your claim, it’s easier to figure out what your slip-and-fall injury is worth.
Injury Type and Severity
The type and severity of your injuries play an integral role in determining your case value. The more severe your injuries are, the more your case could be worth.
Two similar injuries could be worth significantly different amounts because one injury was more severe than the other.
Compare two slip-and-fall accidents with broken ankles. One victim’s injuries healed without surgical intervention, while the other victim needed two surgeries and is still experiencing residual pain.
The second plaintiff’s injuries will likely result in a higher settlement amount.
Liability can be the major wildcard in slip-and-fall settlement amounts. That’s because of the legal concept of pure comparative negligence.
In New Mexico, you can be primarily at fault for the accident and still receive compensation for your injuries.
However, your percentage of fault reduces the amount of money you will receive.
For example, if you’re 10% at fault, you will receive 90% of your damages. If you’re 60% at fault, you only receive 40% of your total damages.
You can now see why the defendant’s insurance company will do whatever it can to put the bulk of liability back onto you.
It doesn’t matter what the law says about premises liability; they will look for loopholes that allow them to blame you—because the more they can pin on you, the less they have to pay.
You need an experienced New Mexico slip-and-fall lawyer who knows how to fight back against insurance company tactics, negotiate on your behalf, and build a strong case against the defendants.
The third factor that impacts your settlement in a slip-and-fall accident is damages. The word “Damages” refers to your losses, both tangible and intangible.
Tangible losses are your economic losses, such as medical expenses, lost wages, and loss of future earning capacity.
Your intangible losses include things like pain and suffering, loss of consortium, emotional distress, and more.
Available Insurance Coverage
The amount of available insurance coverage also impacts your claim’s value.
Slips and falls involve premises liability law, so property owners typically have higher liability policies.
However, even larger policies might not be enough to cover catastrophic injuries or wrongful death.
Necessary Evidence to Strengthen Your Slip-and-Fall Claim
You can increase your potential settlement by having strong evidence. The more evidence you have that points to the defendant’s liability, the better.
Detailed medical records and bills are essential. When you work with a skilled New Mexico slip-and-fall accident lawyer, we will help you gather and preserve all evidence that supports your case.
You can also do your part by keeping a pain journal. Document things such as how the accident affects your daily life.
Don’t be afraid to go into detail about what activities you can’t do for yourself, your pain levels, etc.
Documenting your interactions with the defendant’s insurance company is also helpful.
Depending on your case circumstances, hiring one or more industry experts might be necessary. These individuals are recognized authorities in their fields who might help you prove your case.
For instance, a medical expert can prepare a report discussing your prognosis and future necessary care. The expert might need to testify if your claim goes into litigation.
Contact a New Mexico Premises Liability Lawyer
If you have questions about slip-and-fall settlement amounts or want to know what your case is worth, contact Fadduol, Cluff, Hardy & Conaway, P.C.
Let us put our years of experience with slip-and-fall accidents to work for you. Don’t risk receiving less compensation than you deserve by trying to handle your case independently.
Schedule an initial consultation with our skilled legal team to learn more about how we can help you.