Slip and fall accidents can be among the most devastating types of personal injuries. Especially for children and older individuals, a slip-and-fall can cause permanent, ongoing symptoms and pain. The suffering following a slip and fall accident can be overwhelming, and if you have been injured in a slip and fall accident that was someone else's fault, you may be entitled to compensation. Under New Jersey laws, property owners have a legal duty to ensure that their property is reasonably safe for customers and guests. When they breach that duty, victims of their negligence can sue for compensation.
We will discuss how to calculate damages in a slip-and-fall lawsuit. Many personal injury victims experience their medical bills piling up and cannot work while they recover from their injuries. When victims suffer catastrophic injuries, they may never be able to return to work. If you have been injured, you may be wondering how much your slip and fall case is worth. The best way to determine an estimate for the value of your case is to discuss it with an experienced lawyer.
Using an online calculator can give you an estimate of the value of your case. However, no calculator can compare to discussing your case with an experienced lawyer. Every slip and fall accident is unique, and every victim suffers a unique set of injuries and symptoms. Only a skilled lawyer can carefully review all of the factors in your case to give you an accurate range for your case’s value.
Attorney David A. DiBrigida offers a free initial consultation for potential clients so they can discuss the value of their case without any pressure or financial obligation. Contact him today to schedule your free initial consultation. He represents personal injury clients just like you throughout New Jersey in Roseland, Patterson, Howell, Essex, Morris, Union, Bergen, Passaic, and Sussex.
The first step in estimating your case’s value is to determine your economic damages. Under New Jersey law, plaintiffs in personal injury cases are entitled to economic and non-economic damages. Economic damages refer to expenses related to your injuries that are easy to quantify. Economic damages can also be referred to as special damages, and they are monetary losses and expenses related to the slip and fall accident.
Economic damages include the costs associated with hiring someone to help you with tasks you cannot perform any longer, such as cooking and cleaning. After a slip and fall accident, you can calculate your economic damages by adding up all of the following types of expenses.
If you have suffered a catastrophic injury, your medical expenses will probably be the most significant of all of your expenses. Your medical expenses include all medical treatment and diagnostic fees you incurred after your slip and fall accident. Medical expenses include ambulance service, hospital and surgery bills, diagnostic testing, prescription medications, rehabilitation, and physical therapy. You can also recover compensation for the potential medical care you’ll need in the future, as testified to by a medical expert.
Serious slip and fall accidents can require victims to take significant time off of work. For example, when a victim experiences a spinal cord injury or traumatic brain injury, they may not have the ability to return to work after their accident. You can calculate the amount of income you would have had if you had been able to keep working at your full potential without suffering an injury. After your accident, be sure to write down all of the days of work you missed and any bonuses and opportunities you missed due to your accident. You can also seek compensation for all future work and opportunities you will miss due to your injuries.
Non-economic damages are more difficult to quantify. They do not come with a concrete price tag. You can recover non-economic damages for the emotional trauma, pain, stress, and loss of enjoyment of life you have endured because of your slip and fall accident. Calculating non-economic or general damages is more challenging, and insurance companies and lawyers use several different methods.
One way to calculate non-economic damages is called the per diem method. The phrase per diem means per day in Latin. The injured plaintiff demands a specific dollar amount for each day he or she has had to live with the injuries and trauma caused by the slip and fall accident. Many people use their actual daily earnings to formulate a reasonable daily rate, but insurance companies and defendants will try to challenge this amount.
The multiplier method is another method that has become popular for valuing slip and fall accidents. In the multiplier method, you add up all of your economic damages and then multiply that total amount by a number between 1.5 and 5. In extreme cases, victims have been able to multiply that number by 10. However, the average multiplier is 3 in personal injury cases.
Determining the multiplier depends on multiple factors, such as the seriousness of your injuries and the impact of your injuries on your daily life. You should also consider your prospects for a complete recovery and whether the defendant was liable for the accident. In most cases, the more severe the general damages to the victim, the higher the multiplier will be.
In New Jersey, you only have a limited amount of time to bring a personal injury lawsuit after a slip and fall accident. The sooner you reach out to an attorney, the better for your case. If you or your loved one has been injured in a slip and fall accident, attorney David A. DiBrigida is here to help. Contact us today to schedule your free initial consultation. We represent clients throughout New Jersey in Roseland, Patterson, Howell, Essex, Morris, Union, Bergen, Passaic, and Sussex.