How Much Is My Slip And Fall Case Worth?
There’s no magic number we can give you over the phone. Every slip and fall case is different. What we can do is explain the factors that determine your case’s value so you understand how settlements get calculated.
At Bennerotte & Associates, P.A., we’ve handled hundreds of premises liability claims. The value depends on several concrete factors, and understanding them helps you have realistic expectations about compensation.
What Damages Can I Recover In A Slip And Fall Case?
The overall compensation you can receive includes losses that are monetary and non-monetary. To clarify, monetary losses are things that can be assigned a dollar value, such as medical bills, propery damages, transportation costs, etc.
Non-economic damages cover intangible losses like physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life activities, scarring or permanent disfigurement, and loss of consortium for your spouse.
Some cases also involve punitive damages when property owners acted with gross negligence, but those are rare in typical slip and fall claims.
Does The Severity Of My Injury Affect My Case Value?
Absolutely. The worse your injuries, the higher your case value.
A broken wrist requiring surgery, physical therapy, and three months off work is worth substantially more than a bruised knee that heals in two weeks. We’re talking tens of thousands versus maybe a few thousand dollars.
Catastrophic injuries like traumatic brain injuries, spinal cord damage, or injuries requiring multiple surgeries push values into six figures or higher. These injuries permanently alter your life, and compensation reflects that reality.
Soft tissue injuries like sprains and strains are harder to value because they’re subjective and insurance companies love to minimize them. Documentation becomes everything in these cases.
How Does Fault Affect My Slip And Fall Settlement?
You might have terrible injuries, but if we can’t prove the property owner was negligent, your case isn’t worth much. Liability is the foundation.
Strong liability exists when property owners knew about hazards and did nothing. A grocery store that ignored a spill for an hour? That’s strong liability. A wet floor immediately after someone dropped a bottle? Weaker liability because the store didn’t have time to address it.
Minnesota follows a comparative fault system. If you’re found partially responsible for your fall, your compensation gets reduced by your percentage of fault. If you’re 30% at fault for not watching where you were walking, a $100,000 case becomes $70,000.
If you’re 50% or more at fault? You get nothing. That’s Minnesota’s modified comparative fault rule, and it kills cases where victims share equal or greater blame.
Why Does Medical Treatment Affect My Case Value?
Cases with ongoing medical treatment are worth more than those without. Insurance companies can’t argue your injuries weren’t serious when you’ve got months of doctor visits and physical therapy sessions documented.
Gaps in treatment hurt your case value significantly. If you stopped seeing doctors for three months, insurers argue you must be fine. Consistent treatment proves ongoing pain and medical necessity.
Future medical expenses also factor in. If doctors say you’ll need another surgery in five years or lifelong pain management, we include those projected costs in settlement demands.
How Are Lost Wages Calculated In Slip And Fall Cases?
If your injuries caused you to miss work, we calculate those lost wages and include them in your damages. This is straightforward for salaried employees with pay stubs proving their income.
Self-employed individuals and contractors have a harder time proving lost income, but tax returns and client contracts help establish what you would’ve earned.
Lost earning capacity is different. If your injuries prevent you from doing your previous job or force you into lower-paying work, that difference in lifetime earnings deserves compensation. A Rochester slip and fall lawyer often works with vocational experts to calculate these losses, which can reach hundreds of thousands over a career.
Can I Accurately Value My Own Slip And Fall Case?
You can’t properly value your own case. You don’t know what insurance companies typically pay for similar injuries in your jurisdiction. You don’t have access to verdict reports showing what juries award. You don’t understand how medical records get interpreted or what evidence strengthens or weakens claims.
We do. We’ve settled and tried enough premises liability cases to know what your injuries are actually worth in the Minnesota legal market. If you’ve been injured in a slip and fall accident, contact our firm for an honest assessment of your case value and the factors that will influence your potential settlement or verdict.
