Understanding How Slip and Fall Settlements Are Calculated in Missouri

Many people do not know this, but slip and fall accidents make up a huge portion of all the personal injury claims that are filed in Missouri.

The amount of financial compensation that is awarded to victims varies greatly depending on the circumstances of each personal injury case.

On average, victims can expect to walk away with between $10,000 and $50,000 after suffering damages from a slip-and-fall accident on someone else's property.

However, with some severe injuries, such as traumatic brain injuries, plaintiffs can be awarded a lot more than that.

Victims seeking a fair settlement in a slip-and-fall settlement will need an experienced personal injury lawyer who understands Missouri law and is ready to fight for their rights. Powell Law Firm can help with that and consult on how product liability accident settlements are calculated in Missouri.

How Are Slip and Fall Settlements Calculated?

In a personal injury lawsuit involving a slip and fall accident, the final settlement value is usually a combination of economic, non-economic, and punitive damages.

The amount of evidence against the defendant and the expertise of the injured party's attorney will determine how much if any, money is awarded under each category.

Each of these types of damages seeks to compensate the victim for particular losses caused by the negligent property owner or insurance company as follows:

Economic Damages

Usually, the first step in the slip and fall settlement process is to decide what amount can be considered fair compensation for the economic damages suffered by the victim.

Here, the economic impact of the victim's injuries is usually calculated based on the following two types of significant financial losses:

Medical Bills

One of the main reasons for a victim to pursue compensation through filing a slip and fall claim is to cover the medical expenses caused by their injury.

In Missouri, no injury is regarded as being too small to seek compensation as long as the victim has evidence to show how much they have paid during their treatment.

When calculating medical bills for severe or long-term injuries, it may be necessary for a slip and fall attorney to also consider future medical expenses and ongoing costs that may arise until the victim fully recovers.

Lost Wages

If a slip and fall injury is serious enough to prevent the victim from returning to work immediately after the accident, they will need to be compensated for lost wages by the liable party.

Here, it is also important to consider cases where the victim will no longer be able to return to their ordinary job even after recovery has occurred.

This state of reduced earning capacity will also need to be included when estimating the value of a slip and fall personal injury claim.

Non-economic Damages

Non-economic damages cover damages that are not easily calculated as monetary losses. As a result, deciding the fair amount for such damages is often complicated.

Examples of non-economic damages are:

• Pain and suffering

• Emotional distress

• Mental anguish

• Loss of enjoyment of life

• Lifelong impact of disfigurement or permanent disability

• Loss of companionship

Punitive Damages

In some cases, even after awarding the victim economic and non-economic damages, the court may feel that the actions of the at-fault party warranty further punishment.

This may be because of the gross negligence they demonstrated or a lack of empathy or remorse for their victim's losses.

In any case, punitive damages may be awarded to discourage future offenders from acting in the same manner.

Factors That Affect the Value of a Missouri Slip and Fall Settlement

Several key factors can have a significant impact on a slip-and-fall settlement value, and these include:

• The severity of injuries sustained by the victim

• Cost of medical treatment

• Amount of lost wages and impact on future earning capacity

• Cost of ongoing medical treatment, rehabilitation, or physical therapy

• The physical pain and suffering, as well as emotional trauma suffered by the victim

• Comparative fault doctrine used according to Missouri law

• The insurance coverage policy of the defendant

A legal tug-of-war can occur between the insurance company and the victim's law firm as each party tries to maneuver these factors to either decrease or increase the value of personal injury cases involving slip and fall accidents. This can also be true when determining how dog bite settlements are calculated in Missouri.

Are There Compensation Limits in Missouri?

In some states, a cap is placed on the amount of damages that can be awarded to victims in a slip and fall case. Furthermore, in such places, there is usually a limit that applies specifically to non-economic injuries, such as emotional distress.

However, in Missouri, no such limitations are in place. As such, with a good lawyer on their side, victims who have suffered serious injuries and trauma can sue the property owner or their insurance company for quite a large sum of money.

Who Is the Liable Party in a Slip and Fall Case?

While it may seem that the property owner is the most obvious liable party in a slip-and-fall injury settlement, that is not always the case. Blame can also be placed on:

• Property managers

• Contractors

• Other tenants

• Installation and repair technicians or companies

• Building inspectors

• Equipment manufactures

Proving Liability in a Slip and Fall Injury Case

Proving negligence is one of the most important factors in a slip and fall case. The best slip and fall lawyers in St Louis may be able to advise. The victim's attorney needs to provide satisfactory evidence that:

• The at-fault party owed a duty of care to the victim

• This duty of care was breached due to the defendant's negligence

• Such breach of duty is the direct cause of the victim's injuries

• The victim suffered damages as a result of their injuries

Statute of Limitations in a Missouri Slip and Fall Settlement

Victims of a slip and fall injury in Missouri have five years from the date the accident occurred to sue the property owner or other liable parties for damages. Failure to file a lawsuit within this statute of limitations will prevent the victim from suing the defendant for this injury in the future.

Seeking a Personal Injury Settlement? An Experienced Legal Team Can Help

Regardless of the severity of an injury, victims in Missouri can sue the property owner or their insurance company for damages they have suffered due to a slip and fall injury.

With a good team of personal injury attorneys, massive damages can be awarded according to Missouri law. In St. Louis, victims who need expert legal guidance can contact the Powell Law Firm and set up a free consultation.