How Much is Your Slip and Fall Claim Worth?

Slip and Fall Lawyer Westlake Village
photo by kokefm

Recently, we looked at what you should do following a slip and fall at a store, restaurant, or shop. Once you have fallen and taken the necessary legal steps following the accident, it is important to know just how much your claim is worth.

The simple answer to how much a slip and fall is worth depends on the circumstances of the accident. Not all accidents are the same, and the medical expenses and situation in which the accident happened can change everything.

In the News

In March, a court in Pennsylvania awarded a slip and fall victim $2.1 million. The incident occurred in a Target store where the woman slipped on a recently mopped floor. As she fell, the victim tore her hamstring.

It is not only stores that can be sued for not maintaining their property. The city of Detroit has been sued for millions of dollars due to poorly looked after sidewalks. The resulting lawsuits hurt an already financially strapped city.

As stated before, not all accidents and injuries are alike, and therefore, not all claims can be worth the same amount of money. What can you consider in determining just how much your claim is worth?

Medical Expenses

Your medical expenses for the bills incurred by the fall need to be taken into account. However, it is important to consider any future medical bills that will occur due to the injury, as well.

Often the compensation you can expect to receive will be the amount that covers your medical expenses. 

Pain & Suffering

Although it is difficult to gauge the pain and suffering you go through following a slip and fall, it can be factored into the amount you receive for the accident.

Keep in mind, like a car accident, you may not experience certain injuries for some time. These injuries may not surface for days or weeks. It is important to report them when you do.

The accident will dictate the amount received in pain and suffering. A fractured bone that needs surgery will most likely receive more in pain and suffering than an ankle sprain.

Wages

If an injury due to a slip and fall keeps you from work, you may be entitled to receive your missed wages. Before you can claim this money, however, you will need to have your salary and work hours verified by your employer. You may sustain an injury so severe that you are unable to work or earn as much money as you did previously. This can have an effect on you and your family in the future. In some cases, you can claim for your lost earnings potential.

Expenses

After a slip and fall, you may have additional expenses due to doctor’s appointments, meetings with an attorney, or similar dates you must now pay travel expenses on. You can claim for these additional expenses.

Flahavan Law Offices | Thousand Oaks Slip and Fall Attorney

If you or a loved one has experienced a slip and fall accident and the medical expenses that come with it, contact Flahavan Law Offices. Flahavan Law Offices specializes in personal injury law and can give you advice on the compensation you deserve. Visit our dedicated page on slips and falls or contact us directly. Flahavan Law Offices is here to help with all your personal injury law needs.

Can NFL Be Sued for Dangerous Scheduling?

Picture by Jeffery Beall

The National Football League is back and if you are anything like me, that means your Sundays are booked for the next few months. As we turn on our televisions in the weeks to come, we will undoubtedly notice players from our favorite team missing games for various injuries. Of course, injuries are part of the game. The NFL is quite possibly the most vicious sport in the world. However, what if some of the injuries that occur could have been prevented if the NFL acted with more care in making the yearly schedule?

This is something sports journalist Kevin Lynch discussed recently on KNBR radio, and with the advancement of our medical studies regarding the correlation between rest and injuries I think it’s a fascinating question to discuss from a legal standpoint.

The Facts

The NFL has games scheduled on Sundays, Mondays, and Thursdays every week of the season. This year there are also Saturday games scheduled on Christmas Eve. The scenario Lynch describes is one similar to what the 49ers experienced week 1 and week 2.

The 49ers opened the season in Santa Clara with the late Monday night game vs. the Rams. The following week they traveled to Carolina to play the Panthers in a 10:00 am game. The 49ers players had roughly 5 days and 12 hours from the end of game 1 and the start of game 2. At first glance this may sound like a decent amount of rest in comparison to the typical 7 day layoff, but you have to consider the quality of rest a player would be able to get in that time period when traveling.

From being up late on Monday night after their game, traveling to Carolina, practice, warm-ups, being in a different time zone, different bed, different climate etc., the quality of rest in that shortened time period is significantly diminished. If medical studies have shown that lack of rest results in a significant increase in injury risk, why does the NFL put players in this situation every year when they could easily avoid it?

From A Legal Standpoint

What if lack of rest resulted in an injury that ended up costing a player millions of dollars in future lost wages? What if it happened to numerous players over the course of the year?

If a player was injured on the job it would most likely be handled similarly to a workers’ comp case as opposed to a personal injury case. The main difference between the two: in a typical personal injury case you can recover for things such as loss of enjoyment of life and pain and suffering. In workers’ comp you can’t.

I should admit, if this was handled as a regular personal injury case based on negligence I think there are a lot of reasons why an NFL player wouldn’t be able to recover. First of all, the NFL makes the schedule. If a player does not feel rested enough, they don’t have to play. In other words, they assume the risk when they step on the field tired. Second, I’m not sure exactly how you could scientifically show that lack of rest actually caused an injury. You would need to be able to say that if a player had another day and a half of rest he would not have been injured. In the game of football, I just can’t see how you would be able to do that.

However, for entertainment value, let’s say there was a way to take this out of the workers’ comp spectrum. Assuming a medical expert could show that an injury was caused by lack of rest, the player’s best argument would be that the NFL intentionally disregarded player safety for monetary gain.

Lynch questions why the NFL couldn’t have scheduled Seattle instead of Carolina after the Monday night game so the players didn’t have to travel across the county. The answer, from the players’ perspective, would be that the NFL wanted to maximize revenue by positioning specific matchups at specific times to draw the biggest audience. In order for the NFL to do this week-in and week-out, they knowingly put the 49ers and their players in a dangerous position that resulted in an injury. If they could show this, you open the door for potential punitive damages in order to deter the NFL from acting this way in the future.

Unfortunately, this is the NFL. Players get hurt too often, the risk of injury for a completely rested player is too great, and ultimately it’s the players and the teams that decide whether or not they are healthy enough to play on whatever day and time the NFL chooses.

Biggest Takeaway

Even though the players would not be able to recover here, Lynch still makes a great point. It’s in the NFL’s interest to protect their product, and their product is the players. As Lynch mentions, it’s also in the best interest to make games as competitive as possible and to not put one team at such a severe competitive disadvantage. Hopefully the NFL makes changes in the future. If not you will find me kneeling in protest when they announce the starting lineups until I see some changes that I am happy with.

 

Kevin Flahavan

Flahavan Law Offices

Westlake Village, California

(805) 217-9949

 

www.FlahavanLawOffice.com