When you are the victim of a slip and fall or trip and fall accident, your physical injuries are not the only forms of damage that you will need to recover from. Along with bodily harm, you will most likely struggle with pain and suffering, which is a non-economic damage that you can recover from a personal injury lawsuit.
Pain and suffering, along with mental anguish, refer to the physical and emotional trauma you are left with after an unexpected accident. This is different from economic damages like medical expenses and lost income, which are tangible out-of-pocket expenses. Economic losses are relatively easy to calculate, but how do you determine the dollar value of emotional suffering? After all, accidents affect people’s psychological health in different ways, and certain victims struggle much more than others.
Understanding how much you can receive in pain and suffering is essential to the recovery process after a fall-related accident. Non-economic damages can be a substantial portion of your settlement award, depending on the severity of your mental health symptoms. Our lawyers can assist you with the calculation of pain and suffering, along with any other damages that apply to your case. Contact us today for a free, no-obligation case review.
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What Counts as Pain and Suffering?
Pain and suffering can be a difficult concept to understand, as it’s based on the physical and emotional pain from an accident. The physical symptoms, which are based on your bodily injuries, include neck and back pain, headaches, respiratory distress, chronic pain, and many other kinds of physical discomfort.
Now, let’s look at the emotional aspect of pain and suffering, which is a bit more complicated. Essentially, emotional pain and suffering refers to the impact of an accident on your mental health. Grief, shock, fear, and anxiety would fall under this category, which can cause you to suffer from:
- Insomnia
- Nightmares
- Depression
- Post-traumatic stress disorder (PTSD)
- Panic attacks
- Disassociation
These aren’t the only symptoms that you can develop from an injury caused by a slip and fall. That’s why it’s important to discuss your accident with an experienced attorney, who can confirm if your case meets the standard for pain and suffering.
How is Pain and Suffering Calculated in a Slip and Fall Accident Case?
Once you determine that you are eligible for pain and suffering as a part of your settlement, you will need to know how this form of compensation is calculated in a California lawsuit. The specific method will depend on the circumstances of your accident, but we generally rely on one of two formulas:
- Multiplier Method
This method relies on the system of multiplying your economic damages (medical costs, lost wages, etc.) by a number (multiplier) between 1 and 5. The higher the number, the greater your level of pain and suffering. As an example, let’s say your economic damages are valued at $30,000. Based on your degree of physical and emotional pain, your multiplier is 3.5. Thus, you would multiply $30,000 by 3.5 in order to get $105,000. This would be the amount of your pain and suffering, which is added to your economic damages for a total of $135,000.
- Per Diem Method
With the per diem method, you would multiply the number of days that you’ve suffered by the daily value of your physical / mental suffering. As an example, it’s determined that the daily value of your pain and suffering is $200 per day. The total number of days to recover from your accident is 150. Thus, you would multiply $200 times 150, which would give you a total of $30,000 on top of your economic damages.
No matter which formula is used, these examples speak to the importance of fighting for pain and suffering when you’ve been hurt due to another party’s negligence. We can help you achieve a fair compensation award that’s based on your emotional suffering and your physical injuries. Our attorneys have extensive experience in the recovery of slip and fall settlements against private businesses and public entities, including:
- Big box stores – Walmart, Target, Costco, Home Depot, Lowes, Barnes & Noble, Best Buy, Trader Joe’s.
- Department stores – Macy’s, JC Penny, Bloomingdale’s, Kohl’s etc.
- Shopping malls
- Private and public parks, beaches, and lakes
- Church, synagogue, mosque, or any other house of worship
- Restaurant, bar or nightclub / day club
- Airports and train stations
- Schools, including colleges and universities
- Work sites (workers’ compensation claims)
- Supermarkets – Kroger’s, Ralph’s WinCo Foods, Whole Foods, Vons, etc.
- Fast Food restaurants – McDonald’s, Wendy’s, Burger King, Chick-Fil-A, Jack in the Box, Carl’s Jr., Jollibee, Taco Bell.
Average Case Value of a Slip and Fall or Trip and Fall Accident
Fall accident cases often result in serious, debilitating injuries, such as broken bones, hip fracture, brain injury, and nerve damage. The pain associated with these injuries may lead to emotional trauma that can be very difficult for the victim to manage. With the addition of pain and suffering, case values for a slip and fall claim may be in the range of $250,000 to $500,000 when they occur on the premises of a major retailer. Cases where the victim ends up with permanent damage, such as paralysis or traumatic brain injury, may be worth $1.25 million or above, due to the lifelong impact that such injuries have on a victim’s physical, financial, and emotional well-being.
How long does it take to Settle a Fall Accident Lawsuit?
The process of settling a slip and fall or trip and fall lawsuit can take around 3 to 6 months for relatively straightforward cases. However, the number of complications generally increases based on the level of injury, which will also increase the intensity of your pain and suffering. These factors will greatly enhance what your lawsuit is worth, and as you’re probably aware, high value cases take considerable time and effort to resolve. It’s our goal here at Normandie to negotiate your damages with 6 to 8 months, but in reality, it may take anywhere from 12 months to over 2 years to settle your case.
Statute of Limitations for Slip and Fall Injury Claims
Lawsuits involving fall-related injuries (physical and mental) must be filed within two years from the date of your accident. It’s essential that you take legal action right away, as you are unlikely to receive additional time if you exceed the 2-year statute of limitations. This means you will permanently lose the right to seek monetary damages, even if you have a solid case against the negligent party. Pain and suffering claims also require extensive evidence from various sources, which will be harder to obtain as time goes on. Initiating the legal process as soon as possible is the best way to protect your rights as an accident victim.
Maximum Payment for your Injuries
Most people underestimate the psychological impact of a serious accident, but as personal injury lawyers, we know how devastating these injuries can be for the victim, as well as their loved ones. Pain and suffering from a slip and fall or trip fall can have a negative effect on many areas of your life, from interpersonal relationship to how well you function at your job. That’s why it’s crucial to calculate the right amount for pain and suffering, as well as your other non-economic damages. The lawyers of Normandie have the knowledge and experience you need to secure the highest possible settlement from your injury claim.
If you have an active case already, we would like to extend an invitation for a second opinion with one of our attorneys. If you need a fresh pair of eyes to review your case and advise you of your available legal options, please contact us at your earliest convenience. A second opinion at our office is completely free of charge, as we don’t want to add to your financial burdens.
Another way we can assist you is the Zero fee guarantee, which applies to new claimants and those who wish to continue their lawsuit with us. Under this policy, you receive free legal representation for the entire duration of your case. We don’t get paid until you receive your settlement, and if we don’t win your case, you won’t be responsible for any of our expenses.
If you’re ready to take action on a slip and fall or trip and fall injury claim, please take a moment to contact our office.
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