If you have sustained injuries by slipping and falling on somebody’s property or on public property due to the negligence of the property owner, you can claim compensation for your damages. However, many slip and fall cases are considered frivolous by the courts and the compensation awarded may be meager or none at all.

A Common Vantage Point

If you were running or jib jabbing on your cell phone you were not paying attention to where you were going or walking. Perhaps this could have been prevented if you were paying a little more attention to what you were doing. This is how the court and jury may see it. No one wants to destroy a small business, if this occurred at a small business, just because one person sustained some bruises that are now long gone. It just depends on how you want to paint this picture and what exactly happened.

If the case is strong and there is gross negligence by the property owner, then the court can award a substantial amount. However, many factors will influence the compensation amount.

The Type of Injury

The first important factor that has major influence on the compensation amount is the seriousness of the injury. If the injury is minor and there is no permanent damage to the body or disfigurement, then the compensation awarded will obviously be less.

However, if the injury is serious, the victim will have to prove convincingly that the dangerous situation was the direct cause of the injury and the injury was not pre-existing before the accident. Proper medical documentation can prove this effectively, and in such a case, the compensation can be huge.

A Professional Setback

The court will also factor in the decrease in earning power or the loss of income of the victim due to the injury. This means, the earning capacity, or income of the person at the time of the accident plays a major role. For instance, the jury will have to award a much bigger compensation to a person earning a six-figure salary, compared to a person earning five figures.

All Things Considered

The court can also consider if the victim has already received any compensation from the insurance company or any other source. The court might limit the compensation amount to the extent the person has already received funds. Additionally, the court might also consider if the victim has delayed filing a claim with an insurance company, since this will have a negative impact on the case.