Personal injury cases that involve slip-and-fall accidents can include injuries that range from mild to severe. Although a slip-and-fall accident may involve no fault on the part of the property owner, in many cases, negligence played a role in the case. At such times, injured parties (or the family of someone who died as a result of their slip-and-fall injury) have the right to pursue compensation for their medical bills, lost income, and pain and suffering.
If you’ve been injured in a slip-and-fall accident in Ontario, and you believe the accident resulted due to negligence, you need an experienced slip-and-fall lawyer to help you evaluate your claim and pursue the maximum amount you may be entitled to.
Understanding Statutory Accident Benefits
If you’ve been involved in a slip-and-fall incident that was caused, or caused in part, by someone else’s negligence or wrong-doing (similar to a motor vehicle accident), you can make an accident benefits claim. In Canada, most slip-and-fall cases are settled out of court. That means both parties negotiate to arrive on a settlement amount to be paid to the victim.
In Canada, claimants can request amounts that are related to:
- The actual cost of their medical expenses (i.e. emergency room visits, physical therapy, tests, medications, etc…)
- The projected cost of future medical bills associated with their injury and condition (i.e. future care needs)
- The amount of lost wages while being treated and recovering for the slip-and-fall injury
- The projected amount of lost wages for future lost income related to their injury / future medical treatment (i.e. surgery)
- The amount of lost earning opportunity resulting from the slip-and-fall accident
- The amount of other expenses associated with the slip-and-fall case
Claimants can also claim pain and suffering. These amounts are capped by individual provinces. In Ontario, this cap is currently $380,000.
Average Slip-and-Fall Settlement Amounts in Ontario
Exploring average slip-and-fall settlement amounts may be insightful in some respects, but it’s important to remember that each slip-and-fall accident is unique, so each slip-and-fall settlement will also be unique. That said, a claimant with a spinal cord injury or traumatic brain injury that results from another party’s negligence is likely to result in a larger slip-and-fall settlement than someone with minor injuries. Settlement amounts in Ontario vary widely.
Average slip-and-fall settlement amounts range between $10,000 and $30,000 in Canada for minor injuries–minor being a relative term. These settlements may seem low, but not all personal injury accidents result in catastrophic injuries. In those cases, slip-and-fall settlement amounts can amount to millions. For a fractured hip, the average slip-and-fall settlement amount ranges around $500,000, but that amount might go up if the individual sustains multiple physical injuries or their injuries are likely to result in chronic pain. Concussion settlement amounts might be different from an accident benefits claim involving psychological impairments. Each personal injury case is different, so each settlement amount must be negotiated in relation to the injured party’s injuries, expenses, and pain and suffering.
The Accident Benefits Claim Process
To make a claim for benefits associated with slip-and-fall injuries, you need a personal injury lawyer who specializes and focuses on slip-and-fall cases and car accident cases, for example. Negotiating a fair slip-and-fall settlement requires experience and talent. However, that’s not all your personal injury attorney can do to support your claim and help you achieve the maximum amount of compensation you may be entitled to for your physical injuries, soft tissue injuries, chronic pain, etc…
You can expect your personal injury lawyer and their law firm support staff to:
- Maintain all legal paperwork associated with your claim
- Advise you about the legal aspects of your claim
- Ensure you have the proper evidence and necessary documents needed to support your claim (i.e. documented lost wages, medical care, etc…)
- Investigate the accident scene or where the slip-and-fall incident happened
- Obtain copies of accident report
- Communicate with the responsible party, their attorneys, and the insurance company (if warranted)
- Coordinating with a personal support worker or other healthcare providers when warranted
- Help you calculate a fair slip-and-fall settlement amount (several factors must be considered to arrive at a good settlement amount)
- Discuss the average payout you might expect from your claim and injuries (i.e. average amount of severe concussion settlement, permanent disability, etc…)
- Negotiating slip-and-fall settlement claim (a good lawyer will negotiate tenaciously on your behalf)
- Offer pre-trial support and litigation in court when warranted
What Should I Do If I’m Involved in a slip-and-fall Accident?
If you get hurt on someone’s else’s premises, always request an accident report. While you might think your injuries are mild, some injuries may not manifest immediately. Mild physical pain may not be an indication of a mild injury; the injury could be more serious than you realize. Early documentation is crucial in the event you may choose to pursue a claim for slip-and-fall settlement amounts. You should also seek medical care right away so that your injury can be evaluated by a medical expert.
Waiting too long to seek medical attention can harm your case and right to fair slip-and-fall settlements. The responsible party could claim that your injuries were more minor than you are claiming or that you became injured in some other way that had nothing to do with them. Also, do not discuss your condition with the responsible party of their attorney; they could say something to harm your case.
Contact a Wynperle Personal Injury Lawyer for Help With a Slip-and-Fall Accident Claim
If you are interested in pursuing a slip-and-fall settlement, contact Wynperle Law to discuss your case. Our law firm specializes and focuses exclusively on personal injury cases, so we understand that the suffering you experienced as a result of another party’s negligence or wrong-doing can be overwhelming. Injuries related to slip-and-fall accidents can be life-altering. Even missing work for a few months can cause you serious mental stress and financial hardship. Let us help you negotiate a good settlement. Contact us today.