Every slip-and-fall case is different. Settlements are calculated based on a number of factors including the extent of the victim’s injuries, the care a victim needs following their injury, and the time the victim will require to fully heal from their injuries and return to full health.
What Questions Need to Be Addressed in Slip-and-Fall Cases?
None of us expects a trip to the supermarket, a doctor’s visit, or a night out at the casino will end up with us lying on our backs looking at the ceiling. Unfortunately, when this does happen, and you have suffered an injury, chances are you have a lot of questions.
Determining the settlement amount in a slip-and-fall case means you have to address three main questions which pertain to these types of accidents. Those questions are:
- Who is liable for the accident?
- How did the liable party contribute to the accident?
- Did the victim suffer the injury as a result of negligence?
What Steps Are Used to Determine Who Is Liable for a Slip-and-Fall Accident?
Property owners are responsible for maintaining their premises in a safe condition for visitors. This means they must ensure the facilities are properly maintained and free of hazards that could result in a slip-and-fall accident. Some of the conditions which may pose hazards include:
- Wet floors
- Frayed rugs or tile
- Unsafe staircases
- Broken handrails
- Poor lighting in hallways or on staircases
These are just a few of the conditions which may determine liability for a slip-and-fall accident. A personal injury attorney at North Las Vegas’s Pacific West Injury who has experience handling these types of cases and explain any additional factors which may apply in your case.
How did the Liable Party Contribute to the Accident?
If it is raining outside, then a property owner may not be responsible for a wet floor that resulted in a slip-and-fall accident. However, if there is a leaky pipe in the building and it has been leaking for weeks without repair, then the property owner may have contributed to a slip-and-fall accident. Ignoring required maintenance displays a level of negligence.
Were the Victim’s Injuries a Result of Negligence?
If someone slips and falls on a frayed carpet, on a staircase that has been neglected, or is attacked in a dangerous parking lot, then the case for their injuries being a result of negligence is clear. There may be other cases where it may be more challenging to prove injuries are the result of negligence, but a personal injury lawyer can help victims understand what level of proof is needed. Remember, placing a warning sign in clear view of a hazard may minimize the liability of the property owner or tenant of the property.
Can Someone Other Than the Property Owner be Responsible for an Injury?
Yes. If someone is leasing a property, they may have what is called a triple net lease. This means the tenant of the property could be responsible for maintenance. If the tenant of a property fails to properly maintain a facility, they may also be liable for injuries a victim suffers in a slip-and-fall accident.
Keep in mind, the answers to liability may require some digging, which is why a victim should always seek guidance from a personal injury attorney after they have been injured.
What May Be Included in Slip-and-Fall Settlements?
Victims of a slip-and-fall accident should not have to bear the financial costs of their injuries. When a claim is filed, the following items may be included:
- Lost wages — the wages a victim loses while recovering, as well as estimated future wages for time lost while caring for injuries.
- Medical costs — any medical expenses which a victim incurs as a result of their injuries. This may include medical devices like crutches or braces, prescription drugs, and follow-up care.
- Other compensation — in some cases, victims may be eligible for damages for pain and suffering following a slip-and-fall accident.
Keep in mind, since every case is unique, there may be additional options for compensation to be included in a settlement. The best way to make sure a victim gets the maximum compensation for their injuries is by working with a Nevada personal injury lawyer.
How Long Does it Take to Resolve a Slip-and-Fall Settlement?
This depends on how willing the insurance company is to negotiate a fair settlement. Chances are initially, the insurance company that represents the liable party will fight back by denying a claim. However, if a victim is working with a skilled attorney who has experience working with insurers, they can usually get them to negotiate in good faith.
Some attorneys may find an insurance company is not willing to compensate a victim fairly. In these cases, the lawyer may feel the best option is to take the slip-and-fall case to court. Victims should always ask an attorney about their best options.
How Long does a Victim Have to File a Claim in Nevada After a Slip-and-Fall Accident?
As per the Nevada Revised Statutes (NRS) §11.190 victims have two years to file a personal injury claim. Remember, this may seem like a long time, but this includes the time which is used to negotiate with the insurance company. The sooner a victim hires an attorney to represent them, the better the potential outcome.
What Happens When an Insurance Company Offers a Quick Settlement?
This may mean an insurer knows if they pay quickly they may have less liability. An insurance company is interested in protecting their bottom line and they know a quick settlement means they can forgo any future medical bill or lost wage claims from victims. Never accept a settlement offer without speaking with a slip-and-fall accident attorney.
Contact a Nevada Slip-and-Fall Accident Lawyer Today
Anyone who has suffered an injury in a slip-and-fall accident should seek immediate legal help. This is important because it may be the best way to ensure they get the best possible settlement for their injuries. Pacific West Injury Law is here to help victims get a fair settlement after a slip-and-fall accident. Contact us for a free case review.
