Slip and fall accidents are among Nevada’s most common personal injury claims. The injuries from these types of accidents can be severe and require surgical intervention. As a result, slip and fall settlements with surgery are often higher than those without surgery.
At Friedman Injury Law, we understand the complexities of these cases and the significant impact they can have on your life. Read on to learn about the factors that influence slip and fall cases and settlement amounts, legal considerations, and how to maximize your potential case value.
What Constitutes a Slip and Fall Accident?
A slip and fall accident occurs when someone trips, slips, or falls due to a hazardous condition on someone else’s property or public property. These accidents can result in a range of injuries, from minor bruises to more serious conditions like broken bones, head trauma, and spinal cord injuries. When these injuries necessitate surgery, the stakes become even higher, both financially and emotionally.
Legal Considerations in Slip and Fall Cases
The laws surrounding slip and fall accidents vary by state, but property owners in Nevada are generally responsible for maintaining safe conditions on their premises.
You may be entitled to compensation if you suffered injuries in a slip and fall accident due to the property owner’s negligence. It is essential to establish liability, which can be complex and often requires the experience of a skilled personal injury lawyer.
Before collecting compensation, you must prove the defendant is liable for your injuries. It’s not enough that you slipped and fell. You must show that the property owner was aware of a hazardous condition or should have been aware of one.
The grocery store is one of the most common locations for slip and fall accidents. The store is likely liable if you fell because someone spilled something on the floor hours earlier. However, the store may not be responsible if the spill occurred 30 seconds before you walked around the aisle.
Settlements in Slip and Fall Cases Involving Surgery
The settlement amount in a slip and fall case can be significantly influenced by the type of injury, especially if surgery is involved. Surgical procedures, future medical needs, rehabilitation costs, and the long-term impact on your health and daily life are critical to calculating your case value. Here are some aspects of things that impact average slip and fall settlement amounts:
- The severity of your injuries. Serious injuries that require surgery, such as fractures or spinal damage, often result in higher settlement amounts. That’s because of the associated medical costs and prolonged recovery times.
- Type of surgical procedures needed. The type of surgery you need, its complexity, and your expected recovery period can also impact the potential settlement amount. Major surgeries with extensive rehabilitation typically lead to higher settlements.
- Impact on your daily life and overall health. The effect of your injury and subsequent surgery on daily activities, ability to work, and overall quality of life plays a role in calculating the settlement value.
- Your total damages. Damages refer to your losses in a claim, such as medical expenses and lost wages. Injuries requiring surgery may have higher medical costs and pain and suffering, resulting in a higher case value.
Other factors unrelated to the type and severity of your injuries also impact your potential settlement. For example, available insurance coverage can impact slip and fall settlements. If you have $500,000 in damages, but the business only has $300,000 in available coverage, you would have to pursue other recovery options to collect additional compensation.
Another potential factor in your case is comparative liability. If you had any fault in the accident, your compensation could be reduced by your percentage of fault. You will not receive compensation if you’re primarily at fault for your injuries.
Maximizing Slip and Fall Settlements with Surgery
Maximizing your potential settlement requires you to be proactive. Here are some essential things to do following a slip and fall accident:
- Gather evidence. Document the accident scene, take pictures of the hazard, and collect any available witness contact information.
- Seek medical attention. It’s crucial to seek immediate medical attention, even if you initially think your injuries aren’t severe. Establishing a link between the slip and fall and your injuries is vital for your personal injury claim.
- Report the accident. You should report the accident to the proper person at the business or place where the accident occurred. You might need to report it later if you are transported to the hospital from the scene.
- Keep records. Keep detailed records of all medical treatments, lost wages, and other related expenses. You can refer to these records later in litigation, such as during a deposition.
Hiring a Nevada slip and fall injury lawyer is also highly recommended. You can hire a lawyer anytime in the process. However, the sooner you do, the better.
Once an attorney represents you, we can better protect your rights and help you preserve evidence that will help support your case value. We also handle negotiations with the insurance company so you can concentrate on your recovery.
Contact Friedman Injury Law
If you or a loved one suffered injuries requiring surgery in a Nevada slip and fall, it’s imperative to understand your rights and legal options.
At Friedman Injury Law, attorney Blake Friedman stands ready to help clients navigate the challenges of pursuing a claim. We have years of experience representing injured victims in these accidents and know what it takes to maximize slip and fall settlements.
Please contact our office today to schedule a free consultation and explore your legal options.
Blake S. Friedman, Esq. is a personal injury lawyer helping those in Las Vegas, Nevada. Blake was born and raised right here in Las Vegas, Nevada. He grew up watching his father, a battle-hardened lawyer, fight for his clients’ justice in the Clark County court system.