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Slip and fall settlements offer compensation to injured people who suffered an accident due to slipping, tripping, or falling on someone else’s property. Determining a likely settlement amount for a slip and fall accident in Oregon involves calculating several legal factors that can influence your personal injury case. Personal injury settlements usually hinge on the victim’s ability to prove that the property owner was negligent in providing a safe environment for their guests. If the victim is successful, some or all of their accident-related expenses can be covered by the responsible party.
Zbinden & Curtis Attorneys At Law commissioned this article to help accident victims understand the factors that can influence their personal injury settlement amount. However, slip and fall cases rarely have a one-size-fits-all settlement amount. For a personalized estimate that’s unique to your accident, call our Portland slip and fall attorneys today.
Factors Influencing Slip and Fall Settlement Amounts
- Medical Expenses: The most significant portion of a settlement usually covers the cost of medical treatments. This includes past, present, and future medical bills related to the slip and fall accident.
- Lost Wages: If the injury forced you to take time off work, the settlement could include compensation for the wages you lost during that period. It can even include compensation for the loss of future earning potential if the injuries are severe enough to prevent you from working.
- Pain and Suffering: This category is more subjective than medical bills and is used to compensate the victim for the physical and emotional distress that they suffered. The settlement amount can vary widely based on the severity of the pain and the duration of the recovery, so it’s best to discuss this option with your slip and fall attorney to see if it’s a good option for you.
- Liability and Negligence: Proving that the property owner’s negligence led to your slip and fall accident is the focal point of your entire case. If you prove that the owner failed to maintain safe conditions, the settlement will likely be higher. However, in Oregon, if the injured party is found to be partially at fault for their accident, the settlement amount can be reduced by their percentage of fault.
Documentation and Evidence
The strength of your slip and fall case is determined by the evidence you collect. Photos of the accident scene, medical records, and witness statements can all improve your chances of receiving a higher settlement. Keeping a detailed record of the accident, as well as your recovery and medical treatments, can significantly improve your chances of success.
The Negotiation Process
The negotiation process starts with the injured party (or their personal injury lawyer) submitting a demand letter to the insurance company. This letter outlines the financial damages that the injury caused and the amount you wish them to cover. Insurance companies often start with a low offer to save the company money, so a formal negotiation is usually required. The negotiation can either result in a fair settlement amount or a court trial if the parties can’t reach an agreement.
Settlement vs. Trial
Most slip and fall cases settle out of court. Settlements are generally faster, less expensive, and less risky than going to trial. However, if the insurance company refuses to offer a fair settlement, it may be necessary to seek a resolution from a trial judge. The decision to settle or go to trial should be made with your personal injury attorney so you can carefully consider the pros and cons of each option.
Timeframe for Personal Injury Settlements
The time it takes to settle a slip and fall accident case in Oregon can vary based on the circumstances surrounding it. It may take only a few months or continue for several years. The timeframe can be affected by the complexity of the case, the severity of injuries, and how willing both parties are to settle. For a more detailed look at your own personal injury case timeline, call Zbinden & Curtis Attorneys At Law in Portland, Oregon.
Challenges in Receiving Slip and Fall Settlements
One of the main challenges in slip and fall accident cases is proving liability. The property owner may argue that the circumstances were beyond their control or that the injured person shares some responsibility for the accident. In Portland, Oregon, we follow a “comparative negligence” rule in personal injury cases. This means that if you are found partially at fault for your accident, your settlement could be reduced by the percentage of fault that the court assigns you.
Average Settlement Amounts
It’s difficult to pinpoint an average settlement amount for slip and fall cases because they vary widely based on the factors we mentioned above. Minor injuries might result in a few thousand dollars of compensation, while severe cases can reach hundreds of thousands. To get an idea of what to expect from your slip and fall accident settlement, call Zbinden & Curtis Attorneys At Law today.
The Importance of Legal Representation
It is possible to negotiate a slip and fall settlement without the help of a personal injury attorney, but having experienced legal representation can greatly improve your chances of a higher settlement. The experienced slip and fall accident attorneys at Zbinden & Curtis can help your case in the following ways:
- Evaluating Your Claim: Our personal injury lawyers can provide a realistic assessment of the worth of your claim. We can help you set appropriate expectations while arguing for the higher settlement that you deserve.
- Gathering Evidence: Insurance companies investigate the scene of your accident in order to disprove your claim and save themselves money. Our slip and fall accident attorneys have the resources to fully investigate your incident and find the overlooked evidence that can prove your case.
- Negotiating with Insurers: Our accident attorneys are skilled at dealing with insurance companies to obtain a fair slip and fall settlement for our clients. We know the tactics insurers use to downplay the damages of a slip and fall accident, and we can combat them using evidence and experience.
- Representing You in Court: If a settlement cannot be reached, having a personal injury attorney represent you in court can make all the difference in receiving a higher settlement. We know the rules and procedures required to get our clients the compensation they need.
If you’ve been injured in a slip and fall accident, call Zbinden & Curtis Attorneys At Law at (503) 287-5000. We’ll help you get the money you need for the injuries you’ve suffered.
