How much pain and suffering is worth in a slip and fall case depends on the unique details of the case. It may be worth anywhere from a few thousand dollars to millions of dollars, depending on the factors involved, such as how and where you were injured and the extent of your injuries and suffering. The highest values for slip and fall cases occur when injures are severe and permanent, and bring pain and suffering that may last a lifetime. The availability of assets and insurance coverage of the negligent parties also plays a major role.
Since there is no specific dollar value attached, how much pain and suffering is worth in a slip and fall case involves complicated formulas that also take into consideration if you were partially at fault.
If you fell in a business, such as a store, restaurant, mall, hotels, or shopping center, there is probably good insurance coverage available to pay compensation—if you can prove that the slip and fall was due to the responsible party’s negligence or fault. If you fell at your workplace, you may be covered by workers’ compensation insurance. However, insurance companies are out to make profits, and will likely try to make it seem as if the fall was your fault and offer lowball settlements, so it may help to have legal guidance from a personal injury lawyer who knows their tactics and can fight for your rights.
Damages You May Be Entitled To
Property owners in Florida have a responsibility to ensure that their property is reasonably safe and that hazards are prevented or fixed within a reasonable amount of time. If they fail to do so and you are injured as a result of this negligence, you may be entitled to compensation, known as damages, for your losses. This includes compensation for your monetary losses and for pain and suffering.
Pain and suffering has two components—physical and mental—and includes pain while you are recovering and which may continue into the future.
Since pain and suffering is an individual, subjective experience, to win your case, you would have to prove the severity and extent of your injuries, as well as the medical treatment you need, and the prognosis and effects on your life.
Contributory Negligence
Contributory negligence plays a large role in determining what slip and fall damages may be awarded. According to Florida Statute § 768.81, if you contributed to your accident, your damage award may be lowered in proportion to the amount of fault you bear. However, you would still be able to collect an award for the proportion the other party was at fault, even if your fault was greater than 50 percent.
Contact Our Lawyers for Help
While winning a pain and suffering claim is complicated, it is worth pursuing, as there is no cap on the amount of money you can be awarded for pain and suffering in a slip and fall. However, you may have a limited time to act, per Florida Statute § 95.11, so do not delay getting started on your case. The Law Offices of Anidjar & Levine offers a free and confidential consultation by our slip and fall accident attorney to discuss the circumstance of your slip and fall, so call 1-800-747-3733 to get started.
