When you’re involved in a slip and fall accident, understanding the potential compensation for your injuries can seem like a confusing process. Our Gulfport slip and fall lawyers can assist you during this time. Several factors play key roles in determining settlement outcomes, and knowing what they are can give you some clarity as you navigate this process. The following are some of the factors that most affect slip and fall settlement amounts:
Extent of Injuries
The severity and extent of your injuries will significantly affect the settlement offer you will receive. Higher settlements are usually awarded in cases where the injured party has sustained serious harm such as broken bones, spinal cord injuries, or traumatic brain injuries. This is because these types of severe conditions generally result in costly medical expenses like hospitalizations, surgeries, and prolonged recovery.
Long-Term Consequences Of Injuries
Related to the severity of the injury, the long-term consequences of injuries also play a significant role in slip and fall settlements. In scenarios where injuries sustained from the accident lead to permanent disabilities, require prolonged medical care, or prevent you from returning to work or enjoying life as before—affecting your quality of life—the potential compensation can increase significantly.
Liability
In the context of a slip and fall settlement, liability will play a role in how much a victim will receive in a settlement. Typically, it must be proven that the property owner was negligent in maintaining their premises which directly led to your accident. If you can clearly prove that the other party was negligent and you played no part in causing your own accident, your settlement offer will be higher than if liability was unclear.
Many jurisdictions – including Mississippi – also follow a rule of pure comparative negligence. This system calculates verdicts and settlements based on each party’s degree of responsibility for the accident. If you’re found partially liable—say you ignored safety signs or were distracted—the settlement will be reduced by the percentage that you are determined to be at fault:
“In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.”
Pre-existing Conditions
If you had pre-existing medical conditions at the time of the accident, it could affect your settlement value. It might be argued that these prior health issues contributed to or exacerbated your slip and fall injuries. Pre-existing conditions won’t exclude you from being able to obtain compensation, but it could lessen the amount.
Parties’ Willingness To Compromise
The willingness of both parties involved in the case to negotiate and settle out of court can have a large impact on the settlement amount and timeline. If one party is determined not to give an inch, it could result in a protracted legal battle instead of coming to mutually agreeable terms
Each case presents its own unique circumstances and will be evaluated on a case-by-case basis, but these are the most common factors that influence settlement amounts. Having a Gulfport personal injury attorney by your side is critical to ensure you get what you deserve. Contact us today to schedule a free consultation.