You are currently viewing How Much Is a Fall Injury Case Worth?

How Much Is a Fall Injury Case Worth?

If you’re a victim of a fall injury on someone else’s property, you’re probably wondering how much settlement you can secure if you file a claim. In most cases, you’ll be able to settle your case out of court because injury cases usually have a mutually agreeable outcome. In this case, the victim often accepts a little less than their case is worth and the insurance company may pay a little more if they want to. Although every injury situation is unique, it’s important to consider some important factors when figuring out the value of your personal injury case; the damage caused, life impact, location, and the type of attorney.

  1. The Damages Caused

Damages are the losses incurred by a fall injury victim. These may range from hefty medical bills or lost income and are easy to calculate. However, for other less concrete damages such as pain and suffering, predictions may be made based on similar cases settled in the past. However, due to the uniqueness of each fall injury case, these predictions can only provide a broad overview of how much your case may be worth. Further, in permanent injury cases, the damages may be potentially high and harder to predict. Therefore, with a small claim, which is less complicated, the parties are more likely to agree on a quick settlement.

  1. The Impact To The Plaintiff

The nature of a fall injury is key in determining how much your case may be worth. For instance, if a plaintiff who often plays football falls on a faulty staircase at work and breaks an arm, it’s evident that the injury will affect their ability to play. Therefore, the settlement will be based on the loss of quality of life and will most likely be higher compared to a plaintiff who breaks an arm but doesn’t play any sport. Similarly, if a plaintiff was earning a good income before the fall injury, and their ability to work in the same position is affected by their injury, the settlement will be based on the difference between what they would have earned without the injury and their potential earnings after the injury. In essence, if the ability to earn a living is not affected by an injury, the claim may be substantially less.

  1. Location of The Law Suit

Usually, a suit is filed in the location the injury occurs. This is an advantage to the plaintiff because the case will most likely be handled by a jury of his/her peers. It’s mostly true that courts in rural areas offer more conservative damages compared to juries in the cities. However, depending on the case, other options such as the plaintiff’s resident county and the defendant’s corporate location may come into play in determining the amount of settlement. Either way, if you hire an attorney with a good reputation, you’ll increase your chances of getting a higher settlement.

  1. The Type Of The Attorney

The type of attorney representing a fall injury victim will significantly affect the valuation of a settlement. If your attorney often accepts low settlements, the case may have a lower value. This means that an insurance company settling a claim will hold fast to a low settlement if they know that the plaintiff’s lawyer would rather settle for less rather than proceed to trial. Similarly, if the defendant knows that the injury attorney is willing to take the case to court, the valuation of the case will most likely go up. The important point here is to hire an experienced fall injury attorney to handle your worker’s compensation claim and ensure you are paid what you deserve.