If you were injured in a slip and fall or other premises liability accident, you are entitled to be compensated for your medical bills, lost wages, and pain and suffering from the negligent business or property owner. However, determining the value of your claim and what you can realistically expect to receive in a settlement or at a jury trial is more complicated than adding up the amount of your damages.
Factors That Can Increase or Decrease the Amount of Your Settlement
Every premises liability case is different, and a claim’s value will be based on the unique circumstances surrounding the accident and the victim’s injuries. However, there are common factors that can increase or decrease the value of a claim. Here are some top factors that may affect the amount of compensation you receive in your settlement.
The Liability of the Negligent Party
You must prove the business or property owner’s negligence in causing your accident in order to be entitled to compensation for your injuries. When you have strong proof that they were at fault, this will increase the value of the claim. If there are legitimate disputes about liability, this may weaken your claim and the amount you can realistically expect to receive in your settlement.
The Seriousness of Your Injuries
If you suffered a more severe or permanent injury, such as traumatic brain injury, back injury, spinal injury, or paralysis, you will need more long-term, expensive medical treatments, be off work for longer—if you can return at all—and have more serious limitations in your day-to-day life. This can increase the amount of compensation that you may be entitled to and increase the overall value of your case.
The Percentage of Fault for the Accident
If you were partially at fault in causing your accident, this may significantly reduce what you can receive in your settlement. Virginia follows the harsh contributory negligence doctrine that bars an accident victim who was at all at fault from receiving any compensation.
However, just because the insurance company claims that you were partially to blame for your injuries does not mean that it is true. This is a common insurance tactic used to deny or reduce legitimate claims for compensation.
If you were injured in a premises liability accident in Norfolk, you need the assistance of an experienced premises liability attorney to determine the true value of your claim and to fight the negligent party’s insurance company for the compensation you deserve. Take advantage of our free consultation to learn how we can assist you. Call our Norfolk office today to schedule your appointment.