How to Calculate a Slip and Fall Settlement in Minnesota
A slip-and-fall accident can change the course of a person’s life in just moments. Depending on the situation, the injuries may be numerous, complex, and even deadly. If you are hurt due to the negligence or recklessness of someone else, you may be able to claim compensation for your losses. A trusted, experienced slip-and-fall attorney at Tyroler Leonard Injury Law is ready to help you.
To learn how to calculate a slip and fall settlement in Minnesota, continue on, but know that the best way to find out what your case is worth is to set up a consultation with our legal team. Let us provide you with immediate support through a free consultation.
Determine if Negligence Occurred
Before proceeding to obtain compensation for a slip and fall accident, individuals must first prove negligence occurred. To do that, the following must be established:
- The at-fault party owed the victim a duty of care, meaning they had the responsibility to protect you from or prevent a hazardous situation from occurring.
- The at-fault party did something or did not do what could be expected as reasonable, which leads to a breach of that duty of care.
- The breach of duty of care causes the accident that the other party experiences.
- The accident causes financial or other losses for the victim.
If you believe you have a case in which these factors apply, we strongly encourage you to reach out to our slip and fall attorney in Minnesota for an immediate consultation. Let us get to work proving your case and what it is worth.
Determine the Types of Damages Applicable in the Slip and Fall Case
To begin the calculation of a slip and fall settlement, your attorney will work closely with you to understand all of the ways in which this accident impacted your life and continues to impact your well-being. It is expected that the at-fault party pays for any losses you incurred as a result of the accident.
For many people, this is far more than the obvious medical bills and lost time at work. It also incorporates other economic and noneconomic losses. Consider these potential factors that could contribute to what your case is worth:
- Medical bills
- Ongoing medical care needs
- Lost time and benefits at work
- Property damage.
In addition to these economic losses, a serious slip-and-fall case is also likely to lead to financial losses associated with non-economic losses. These are costs associated with your pain and suffering, emotional loss, and ongoing complications to your well-being, such as limitations on your ability to do the things you love.
Minnesota law states that individuals should be compensated to make them whole again, but that can be challenging to do based solely on medical bills since these other types of losses can be just as impactful, if not more so.
How to Determine the Value of Your Slip and Fall Case
There are numerous steps that go into determining what your slip and fall case may be worth. Among them are the following.
Liability in the Matter
In some situations, the other person who caused your accident is fully at fault. That means liability should lie with that person. However, there are times when the court may find you partially negligent, meaning you played some role in the process. If that is the case, then you may see your compensation reduced by the percentage of liability you have.
The Severity of Your Injuries
The next factor that must be considered is the seriousness of your injuries. Specifically, it is key to consider:
- How serious was the initial incident?
- Did you recover fully?
- Will you recover fully?
- If not, what limitations will you have?
The goal of this process is to understand how those injuries are going to impact you in the future. For example, if your slip and fall case occurred in such a way that you hit your head on something and suffered a traumatic brain injury, the judge (and insurance company) needs to determine whether you will recover fully from that injury or have any lingering symptoms.
What Type of Care Will You Need in the Future?
Your slip and fall accident attorney in Minnesota will often need to get in touch with your doctor and talk to other medical experts to get insight into how this injury and all resulting consequences will impact you going forward based on the level and type of care you may need.
If your injury has healed, then you may not need any additional care. If you have lasting concerns or complications, such as infections from wound care or the need for rehabilitation, then that is going to play a role in the value of your slip and fall case. It is never possible to get a specific figure for what your medical needs and costs may be in the future, but with some insight from medical professionals about if and how you will recover, your attorney can ensure you claim enough compensation to meet most needs.
The Cost of Your Medical Bills
The cost of any medical bills related to the accident will be included in your claim. This includes medical bills from the date of the incident and all care you received after that point. You will need to keep records of all of this information, including receipts of what you paid and careful records of what your health insurance company pays. They may seek reimbursement for the losses as well.
Impact on Daily Life
Your slip and fall attorney will then work to understand, as best as possible, what factors will change in the future. It is a good idea to sit down to write out the changes you have now and be open and honest with your attorney about what they are. They can help you determine if you should receive compensation for such losses. Some things to consider include:
- Your ability to continue to do the type of work you were doing
- The hobbies and activities you may no longer be able to do
- The type of care you will need and whether that will infringe on your relationships
- How your injury impacts your quality of life overall
- The emotional well-being or struggles this has caused to you
- Changes to your ability to save for retirement.
These figures are more complex to calculate, but based on your case, cases like yours, as well as your attorney’s ability to negotiate, you may be able to recover a significant amount of damages from severe cases like these.
How Well You Prove Your Case Matters
Calculating the value of a slip-and-fall accident in Minnesota is an important step, but if you cannot prove the losses, you risk not receiving compensation. Your attorney’s job is not just to prove that the accident happened and that the other party is responsible. They also must pursue proof of the injuries they have and the value associated with them.
Evidence may be available in many ways, including:
- Photos and video documentation of the incident or the result of the incident
- Documentation of the physical pain you had by your doctor based on the complexity of your injuries
- Records that indicate you sought mental health support for your emotional trauma
- Documentation of changes in your health or medical records that indicate the complexity of your recovery
- Claims from family members and friends about the change in your quality of life and overall well-being
- Expert witness testimony that communicates the life expectancy changes after the incident.
Any additional insights you can provide to your attorney may enable them to help you prove your claim is worthy of maximum compensation.
The Value of Hiring an Attorney in Your Slip and Fall Claim
For those who want help calculating the value of a slip and fall claim in Minnesota, working with an attorney is critical. It is the best way to exhaust all possible opportunities for you to uncover all aspects of the loss you have had. An attorney’s insight and experience can help you calculate the future costs of your condition as well, including determining what type of financial losses you could incur over time.
Your attorney will also negotiate for you with powerful evidence to justify any claim made. This allows your attorney to help create the ideal, detailed claim that is hard for any insurance company to refute.
Schedule a Free Consultation with a Slip and Fall Attorney in Minnesota to Learn Your Next Steps
Setting up an initial, free consultation with our legal team at Tyroler Leonard Injury Law allows you to gain insight into what your legal options may be. You can call us at any time at 651-259-1113 to learn more about what we can do to help you maximize your claim and fight for fair compensation after your slip and fall incident. With an appointment with your attorney, you will learn the basics about the worth of your case.