How Do You Get Slip and Fall Compensation in Pennsylvania?
Receiving slip and fall compensation through a settlement or court proceeding can help you cover the immense costs of an injury. The legal damages you might be eligible for include missed wages, doctor’s bills, and pain and suffering. You can maximize how much you receive in compensation by acting swiftly to preserve evidence. You can further strengthen your case by making sure you meet your legal filing deadlines (called the statute of limitations).
Kalikhman & Rayz, LLC has served the Pennsylvania communities for decades, helping mothers, daughters, sons, and fathers get the legal help they need when they are hurting. Our firm takes our clients’ injuries personally and treats them with the same care and diligence as we would if we were the injury victims. If you need a Pennsylvania slip and fall attorney, we are here to help you see this through.
What Should You Do After a Slip and Fall Accident?
You probably know that understanding what to do after a slip and fall accident can help you protect your physical health. But did you know it can also set up a strong foundation for a legal claim? If you slip, fall, and hurt yourself, you should start by getting medical attention, even if you feel okay. The next step is to report the slip and fall to the individual or business that owns the property. Finally, you should protect your legal rights by pursuing a claim in court or through settlement negotiations.
Get Medical Help
See a doctor after the slip and fall to make sure you identify and treat any injuries you are experiencing. In the moments after a fall, victims often don’t feel the full force of the damage done to their bodies. If they don’t seek medical help, they risk worsening their injuries or experiencing additional harm because they aren’t operating at full capacity. When talking to a physician, the victim should tell them they were in a slip and fall accident. Their medical team will add this to the victim’s chart, and they can use this as evidence in their case.
Report the Slip and Fall
Reporting the accident to the company or individual who owns the property where you fell is also critical. You can tell an employee on the day of the accident. After receiving emergency medical attention, you may also want to notify the company’s owner. For example, if you slipped and fell at a restaurant in Allentown, you may need to submit a letter to the store manager. A Philadelphia personal injury attorney can help you write this letter and send it to the right person.
Exercise Your Legal Rights
The final step is to exercise your legal rights by negotiating a settlement or taking the case to court. Under Pennsylvania law, injury victims may have just two years to file a lawsuit because of a slip and fall. This may sound like a long time, but it can go quickly, especially if you need to attend to significant physical injuries. If you miss the filing deadline, the law may prevent you from ever bringing a claim against the landowner for your injury. An attorney can help you determine if you have a case and, if so, how and when to file a lawsuit.
What Kinds of Damages Can Victims Get in a Slip and Fall Case?
Slip and fall victims may be eligible to receive several types of damages if they win their cases. The courts typically divide these into two camps: economic and noneconomic damages. Economic money awards reimburse the victim for the unexpected expenses they are saddled with after the injury. For example, this includes paying for surgery, going to the doctor, participating in physical therapy, and taking pain medications. On the other side of the equation, noneconomic damages compensate the victim for the physical, emotional, and social toll they experience. For example, this might include their pain and suffering, inability to engage in hobbies, and permanent scarring. The victim’s total compensation award should account for both the financial and human costs of the slip and fall.
What Is the Average Amount of Slip and Fall Compensation Victims Receive in Pennsylvania?
Because every situation is different, there’s no set or average amount of damages a victim can receive. For example, a slip and fall settlement without surgery may be less than one that includes the cost of surgery. The money award a victim gets depends on lots of factors, like:
- Whether they have a strong case against the landowner,
- Whether they bring the lawsuit on time,
- The likelihood that the victim will fully heal from their injuries,
- What other victims received in similar cases, and
- The percentage of fault the landowner and victim carry for the incident
The impact of the accident on the victim’s quality of life can also affect the compensation they receive. Additionally, Pennsylvania’s comparative negligence law can sway how much the victim gets in legal damages. Under this law, the victim’s compensation package can be reduced by the percentage of fault the judge thinks they share for the incident. For example, if the judge believes the victim is 18% at fault for the slip and fall, the victim may only receive 82% of their total damages. Victims can help limit the impact of this law on their compensation award by putting together a strong case against the negligent landowner.
How Can You Maximize Your Compensation in a Slip and Fall Case?
Victims can maximize the compensation they receive in a slip and fall case in a couple of ways. The first is to file their case before the two-year deadline ends. This ensures the court doesn’t dismiss their case right away. Additionally, they can save accident-related records, like receipts, healthcare bills, and other evidence. They can use these materials to strengthen their case against the landowner and prove liability. Another way a victim can increase their chance of winning their claim is to hire an experienced attorney. The lawyer can ensure the victim understands their legal rights before deciding what to do in their case. Attorneys can also negotiate with the insurance company and make legal arguments at trial to help show the landowner is at fault for what happened.
The Slip and Fall Lawyers at Kalikhman & Rayz, LLC Can Help
Experiencing a slip and fall can be scary and frustrating, leaving you confused and wondering what to do next. If you’re like most people, you depend on the slip and fall compensation package to cover your mounting medical bills and lost income. You can take on the legal case yourself, but doing so may not fully protect your rights.
Kalikhman & Rayz, LLC provides responsive, detail-oriented, and honest legal advice to those needing an attorney. Clients praise us for our high level of professionalism and ability to get the job done. Lawrence Kalikhman has been practicing law for nearly two decades and has received professional recognition for his outstanding service to his clients. He has made the distinguished Super Lawyers list every year since 2020.
If you were hurt in a slip and fall accident in Pennsylvania, contact us today by calling 267-435-2426 to schedule a consultation.