For those who have been injured in a slip and fall accident, a personal injury claim is highly likely to be resolved by a settlement. Slip and fall settlements offer many benefits to injured parties, though it is important to make sure the terms of the settlement agreement are evaluated by an experienced attorney to make sure they are in your best interests and not those of the insurer.
Before entering into a settlement for your slip and fall claim, speak with a Boca Raton slip and fall lawyer at Kogan & DiSalvo. All initial case consultations are free of charge.
Our firm is here to protect the rights of those injured by someone else’s negligence. If you or a loved one have been injured in a slip and fall accident, let’s see how we can help. Call us anytime or reach out through our easy website contact form.
In slip and fall cases and other types of personal injuries, settlements are contractual agreements in which each party gives something up and, in return, receives some other benefit. If you are a slip and fall victim, it is important for you to understand what you will be giving up and what you will be receiving in return.
First, an injury victim gives up the possibility of larger compensation. In exchange, they avoid the risk of an unfavorable outcome at trial or of an appeal. Additional benefits include a much quicker process – which means a quicker payment – and fewer costs and expenses.
The plaintiff in a slip and fall settlement agreement also gives up the right to further pursue any legal claims. It sounds simple, but it is difficult to predict what issues can arise after a settlement, when it is too late to raise them.
It is a good idea to discuss your situation with a lawyer before waiving any rights or signing anything provided by another party or their insurance company.
Since a slip and fall settlement is almost always permanent, there are important factors to consider before formalizing the settlement:
Once you sign a settlement agreement, you cannot go back to renegotiate any of these factors, even if your injury is worse than originally thought. It is important to have a caring and competent lawyer by your side to ensure that the agreement is thorough and in your best interest.
A personal injury settlement in Florida usually follows a process like the following:
Many people do not know how to determine negligence in a slip and fall case or how to properly value their case. Choosing an experienced slip and fall lawyer can take the guesswork and stress out of the process.
If you file a personal injury lawsuit, you are far more likely to settle than to go to trial. However, being prepared to try the case if necessary is critical in positioning the case for maximum settlement value.
According to government statistics, only three percent of personal injury cases proceed to a jury verdict. Roughly three-quarters of personal injury cases are resolved by a settlement or another voluntary dismissal. More than twenty percent were uncontested – the defendant failed to respond to the lawsuit. This usually results in a default judgment, and the plaintiff then needs to take steps to collect the judgment just as other debt collectors would.
Your goals and the specifics of the case play a part in whether your case settles. Speak with an experienced lawyer to get a personalized evaluation of the realistic outcome of your case.
A slip and fall accident can cause lasting injuries that cost tens of thousands of dollars- or even more – in medical bills and other economic losses list lost income. There are also non-economic losses, like pain and suffering, that are more complicated to place a value on. Florida law acknowledges the rights of injury victims to recover those costs in a lawsuit, and they form the same basis for settlement values.
Calculating economic damages is straightforward because they are associated with monetary amounts. Calculating non-economic losses like pain and suffering is more complex. The insurance companies that pay personal injury settlements often use formulas or computer programs that underestimate the value, but a knowledgeable slip and fall lawyer can overcome that with skilled advocacy.
If you have been injured in a slip and fall accident, the South Florida personal injury lawyers at Kogan & DiSalvo are here to advocate for maximum slip and fall settlement value. Our experienced attorneys understand the toll that a serious injury can take and fight to hold those responsible accountable for the losses.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.