The value of any personal injury case comes down to what harms you actually suffered in the accident. Additionally, there are some limits to consider when determining how much you can sue for in a slip and fall.
In New Jersey, both economic and non-economic damages can be paid for a slip and fall. These can cover anything from medical bills to lost wages to pain and suffering and emotional distress. There are no caps on these “compensatory” damages, but you may face limits on “punitive damages.” You also face practical limitations when taking into account the defendant’s insurance.
For a free case evaluation, call our New Jersey personal injury lawyers today at Agrapidis & Maroules, P.C. by dialing (201) 777-1111.
How Much is a Slip and Fall Case Worth?
There is no one-size-fits-all value for a slip and fall. Damages in a personal injury claim are always based on what you experienced, not what injury you sustained or what type of accident it was.
This means we cannot say, “Well, a broken wrist is worth $500,” or “A slip and fall is $5,000, and a car crash is $10,000.” Instead, we need to look at what injuries you faced, what they cost you, and how they affected your life.
These “compensatory” damages – the ones paying you back for harm – break down into several categories.
Categories of Damages in Slip and Fall Cases
Victims can typically claim three major areas of damages, but they can also claim damages for property damage and other expenses on top of these three:
Medical Expenses
If you were hurt, getting medical care is vital. Make sure to go to the hospital if you need to or get treatment from EMTs at the scene of the accident to build a record of your injuries. Getting prompt care also helps you avoid making injuries worse by not treating them.
However, medical care can be expensive, and it will make up a large portion of your damages in a slip and fall case. You can claim reimbursement for the full cost, including follow-up care, mental health therapy to deal with the effects of a serious injury, physical therapy, medication, crutches, and any other necessary treatments.
Lost Wages
Some slip and falls are minor, but others can involve broken bones, head injuries, back injuries, and other injuries that make it hard to go back to work.
If you have recovered and returned to full-time work, you might still have a few days of lost wages you need reimbursement for. If you faced a more serious injury, you could have disabilities that still make it hard to go back to work at full capacity. Especially with traumatic brain injuries, your entire life may be upended.
Any past or future wages you miss because of the injury should be claimed.
Pain and Suffering
“Pain and suffering” can be used as an umbrella term to encompass all “non-economic” damages, including emotional distress, mental anguish, and more. Serious injuries usually cause more pain and suffering, but most injuries serious enough to require medical treatment have at least some pain and suffering.
We can help you calculate these damages using generally accepted calculation methods.
Are There Caps on How Much I Can Claim in a Slip and Fall in NJ?
Generally, our Elizabeth, NJ personal injury lawyers can help you claim any damages you faced with no limitation. As long as the damages are meant to compensate you for a harm you can prove, you can claim as much as you need to.
However, there may be limits on “punitive damages.” These damages are not available in every case and can only issue to punish a defendant who was acting with “actual malice” or wanton/“willful disregard” for your injuries. This essentially needs to be worse than negligence.
Punitive damages are capped at the greater of five times the compensatory damages or $350,000. Otherwise, you are not legally capped on slip and fall damages.
Will the Defendant Pay My Damages in Full?
When you go after the defendant to pay for your damages, you run into two major practical limitations.
Insurance Policy Limits
Slip and falls often happen at homes and businesses, and the owners/operators typically have insurance to cover slip and fall lawsuits. This means that whether the money comes from an insurance claim or a lawsuit, the insurance company is the one paying you.
Insurance policies have limits, meaning that no matter how much harm the defendant caused, the policy will not pay more than the limit. Many policy limits are quite high, and slip and fall accidents often do not reach policy limits, allowing full compensation.
Even when you reach policy limits, this is still often a reasonable payout.
However, if your damages are more than the policy will cover, you can try to get the defendant to pay directly. In slip and fall claims against companies and businesses, there are usually funds to cover these damages, but individual defendants might run out of money.
“Judgment-Proof” Defendants
Sometimes defendants can’t pay for the harm they cause. This is why insurance is so important: it makes sure there is money to cover an accident.
When the defendant has no money, there is nothing to collect in a judgment. We may be able to garnish their wages and put a lien on their property to cover some damages, but it might not result in full payment.
This issue can come up when the defendant has no insurance or when we are trying to get damages beyond policy limits. We can counsel you on how to proceed if this is a problem, but cases against businesses and insured defendants usually do not have this issue.
Call Our New Jersey Slip and Fall Lawyers Today
For your free case evaluation with our Paterson, NJ personal injury attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111.