While a slip-and-fall accident only takes a few seconds, it can change victims' quality of life forever, as it may cause several injuries and can result in significant monetary losses.
However, people who suffer slip-and-fall accidents on someone else's property or business premises can file a personal injury claim and recover compensation for their injuries if they win the case.
What Is a Slip-and-Fall Accident?
Essentially, slip-and-fall accidents are the ones that involve a person losing traction when walking on a surface if it results in a trip over an object. These incidents often occur on level ground.
Victims can file a claim to try to recover compensation for these accidents if that trip results in a slip-and-fall injury.
Common Causes
These are some of the common causes of slip-and-fall accidents:
Wet floors
Spills or debris on walking surfaces
Snow or ice on walking surfaces or entryways
Broken flooring
Poor lighting
Torn carpeting
Uncovered wires
Uneven sidewalks
Potholes
Missing or broken handrails
Is a Slip and Fall Case Difficult to Handle in Ohio?
People who suffer one of these accidents and sustain slip-and-fall injuries often need help from an experienced slip and fall attorney to build a solid case and try to recover compensation.
Slip-and-fall cases are complex because they require heavy evidence to prove liability. As such, both parties involved in the legal process must do extensive research to prove their claims.
However, proving negligence can be easier with the help of a personal injury lawyer.
How to Prove Negligence in a Slip-and-Fall Case
These types of personal injury cases are handled under the premises liability law because they occur on property that belongs to someone else. This concept defines that property owners have the obligation to avoid harming others and, consequently, must warn visitors of any danger that may exist on their premises.
In order to file personal injury claims and seek compensation for a case involving premises liability, plaintiffs must prove four essential elements to demonstrate that the other party was negligent and caused the accident that harmed them.
Elements of Negligence
These are the four elements of negligence that victims must prove to establish negligence:
Duty
The property owner, who is the defendant in this case, owed them a duty of care, meaning that they had the obligation to keep the premises in a safe condition to avoid injuring them.
Breach
The property owner failed to live up to that duty of care by action or inaction, behaving in a manner that put others' safety at risk.
Causation
The property owner's failure to maintain the premises in a safe condition resulted in slip-and-fall injuries.
Damages
The slip-and-fall accident caused some type of damage to plaintiffs, which may include personal injury or loss.
Common Slip-and-Fall Injuries
Every slip-and-fall accident is different. However, these are the most severe injuries reported in these cases:
Fractures
Cuts and abrasions
Head and brain injuries
Back injuries
Soft tissue injuries
Spinal cord injuries
Since most of these injuries require extensive and prolonged medical treatment, and some victims even need physical therapy or rehabilitation, the compensatory or settlement amount is often influenced by these factors.
Calculating How Much a Slip-and-Fall Case is Worth
Victims always have the option of negotiating with an insurance company to agree to a fair slip-and-fall settlement amount. However, if insurers refuse to make an offer consistent with their needs, injured parties can file personal injury lawsuits to seek compensation.
What is the Average Payout for Slip-and-Fall Cases?
It's hard to determine the average payout for cases involving slip-and-fall injuries. In fact, experts believe that it doesn't exist because the amount always varies depending on many factors.
However, the sum that victims can get as a settlement for these accidents from insurance companies can range from just $10,000 to $50,000.
If they take legal action and pursue compensation through an Ohio court, the payout can exceed $100,000. Additionally, working with a personal injury attorney throughout the process can double this amount.
Recoverable Damages
As mentioned, different factors can influence this payout. Overall, the amount depends on the unique facts surrounding the personal injury case and the damages that victims could recover. This may include the following:
Economic Damages
This group covers tangible losses that can be quantified, such as the following:
Medical bills
Future medical expenses
Past and future lost wages
Property damage
Costs for physical therapy or rehabilitation
Household services
Unlike other states, Ohio doesn't place a cap on the amount victims can recover as economic damages. Therefore, these awards account for a large portion of the final compensation amount.
Non-Economic Damages
These damages include those that are intangible and cannot be quantified, so they vary from person to person. These are some examples:
Pain and suffering
Mental anguish
Embarrassment
Scarring and disfigurement
Loss of enjoyment of life
Loss of consortium
In Ohio, there's a cap on non-economic damages. These awards are limited to $250,000 or three times the economic damages, whichever is greater. However, they cannot exceed $350,000.
Should Victims Hire a Personal Injury Lawyer to File a Slip-and-Fall Lawsuit?
Working with an experienced personal injury attorney can make the difference in the amount victims can recover for their slip-and-fall cases.
Lawyers can help them gather evidence to prove their claims and help them build their lawsuits before the statute of limitations expires. They can explain questions like What is the slip and fall law in Ohio? Additionally, they have extensive experience handling these cases and can calculate the damages victims suffered in order to fight for a fair settlement or compensation.
Contact Schuerger Shunnarah Trial Attorneys for a Free Case Evaluation
The legal team at Schuerger Shunnarah Trial Attorneys understands that cases involving slip-and-fall injuries are complex, which is why it can be challenging for victims to get the compensation they deserve. They can go over questions such as What is the statute of limitations for slip and fall in Ohio?
However, our personal injury attorneys are ready to go to war for slip-and-fall accident victims and build solid cases to recover fair compensation that will give them peace of mind after such a difficult experience.
Anyone injured in a slip and fall accident can entrust their cases to our law firm's attorneys. Call us today and get a free consultation!