Settlement Value in Pennsylvania Slip & Fall Accident Lawsuits
Folks injured in a slip and falls accident in Pennsylvania often want to know what they can receive in a personal injury settlement. Unfortunately, there’s way too many factors at play to predict what the value of a case will be before filing a lawsuit and going through the discovery process. Oftentimes, the strengths and weaknesses of a case will be revealed during the discovery process, which includes exchanging evidence, testifying at a deposition, finding/interviewing witnesses, etc.
Factors Affecting Settlement Value of a Slip & Fall Lawsuit
- Severity of the injuries
- Extent of medical treatment
- Permanent injuries/symptoms/scarring
- Amount of medical bills and out of pocket expenses
- Time lost from work
- Extent of pain and suffering
Injuries & Medical Treatment
Usually, the more serious the injuries and resulting medical treatment, the greater the value of the case. All else being equal, a person who suffers a broken ankle or wrist will naturally have a higher value case than someone who suffers a broken finger. Also, the value of the case is highly dependent on the extent of the medical treatment. An individual who requires multiple surgical procedures will have a higher value case than someone who doesn’t need surgery at all.
It’s important to note that severity of an injury and medical treatment isn’t the be-all-end-all. Whether there are permanent symptoms and the extent of the person’s pain and suffering are critical factors. For example, a facial injury that causes significant scarring even though there wasn’t much medical treatment may have a higher value than a broken wrist that heals well after surgery.
Individuals who sustain financial losses may have higher value cases than those who don’t. Financial losses include medical bills, out of pocket expenses and lost wages. This includes past and future losses. If future medical treatment is indicated, the plaintiff in a slip and fall case can present those as part of their damages claim. Likewise, if an injury causes a permanent disability which in turn results in future lost wages, those claims may be made. Read more about financial compensation in a slip and fall accident lawsuit.
Pain & Suffering
Pain and suffering is not easily calculated. There’s no set formula that determines how much compensation is warranted in a given case. Compensation for pain and suffering varies quite a bit from case to case. The amounts depend on all of the factors above, as well as how an injury affected the individual’s ability to lead their usual life including home, family, work, etc. The greater the negative impact, the greater the claim.
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Page last reviewed and updated: June 3, 2020