How Are Slip and Fall Settlements Calculated in Louisiana?

If you are considering filing a slip-and-fall claim after an accident, you likely have questions about how much money you can expect. You may be wondering, “How are slip and fall settlements calculated in Louisiana?” The exact amount you can recover is going to depend on the details of your case, but it can be helpful to understand more about the process of determining your total settlement.

By understanding the factors Louisiana courts look at when calculating your total settlement, you can fight for fair compensation that covers the losses you suffered. A Louisiana slip-and-fall attorney can assist you in calculating your damages, negotiate on your behalf, and represent you in court if it becomes necessary.

About Slip-and-Fall Accidents

Falls are a main cause of injury among adults aged 65 and older. There are many situations that can cause a fall, and these falls can range from minor injuries to severe or even fatal outcomes. In fact, falls are a leading cause of unintentional injury-related fatalities nationwide. Whether shopping at Winn-Dixie, eating at Raising Cane’s, or walking along Bluebonnet Boulevard, residents should be aware.

In 2022 alone, more than 8.5 million Americans were treated in emergency rooms for injuries from a fall. The following year, they made up for 35 percent of all nonfatal injuries reported in the United States.

These types of incidents can cost people more than just money. A slip-and-fall injury can change someone’s life forever. It’s important to be able to identify when a fall was due to the fault of another, so you can recover the proper compensation for your losses. You typically must file a personal injury claim in Louisiana within two years of the incident to recover damages. A slip-and-fall attorney can aid you in recovering the compensation you deserve.

Calculating Slip-and-Fall Settlements in Louisiana

When determining how much you’re owed from a slip-and-fall claim, courts are going to look at the severity of the injuries and the overall impact of the incident on the victim. This involves examining both the direct losses from the incident and more abstract ones.

Courts first look at economic damages like lost wages, loss of future earning potential, medical bills, and other out-of-pocket expenses to calculate how much a victim is owed. They then consider other losses, such as emotional anguish, loss of enjoyment of life, and pain and suffering, typically using a multiplier method to determine a fair amount to cover them.

Slip-and-Fall Settlements in Wrongful Death Cases

Unfortunately, some slip-and-fall accidents can be so severe that they end in fatality. It’s estimated that around 684,000 people globally die from falls every year. They are the second-leading cause of unintentional injury deaths worldwide.

In these situations, it’s still possible for certain family members to file a wrongful death claim to recover damages on their behalf, which can also include burial and funeral expenses. These claims typically must be filed within one year of the decedent’s death.

FAQs

What Damages Can I Recover From a Slip-and-Fall Claim in Louisiana?

If you’re injured in a slip-and-fall accident, you may be able to recover both economic and non-economic damages for your losses. This encompasses both direct costs from the accident and more abstract losses.

Common economic damages recovered from slip-and-fall claims can include loss of income and future earning potential, medical bills, and any out-of-pocket costs. Non-economic damages can include disfigurement and scarring, emotional distress, loss of enjoyment of life, and pain and suffering.

How Do Courts Determine Settlement Amounts for Slip-and-Fall Cases in Louisiana?

Your total settlement amount is going to depend on the extent of your injuries and the overall impact on your life, as well as the other party’s percentage of fault. Louisiana courts evaluate damages by considering these factors, often using a multiplier method for non-economic damages. The amount you receive ultimately depends on the details of your case, rather than a set formula.

Do I Have to Hire a Slip-and-Fall Lawyer to File a Claim in Louisiana?

You’re not required to hire a slip-and-fall attorney to file a claim in Louisiana, but it can be highly beneficial to have a legal professional on your side. Your attorney understands your legal options and can use their knowledge of Louisiana’s slip-and-fall laws to identify ways to strengthen your claim and recover the maximum amount of compensation. Moreover, they can negotiate deals on your behalf and represent you in court if your case enters litigation.

How Much Does It Cost to Hire a Slip-and-Fall Lawyer in Louisiana?

The cost of hiring a slip-and-fall lawyer in Louisiana can vary depending on the complexity of your case. Slip-and-fall attorneys typically work on a contingency fee basis, which means they only collect a fee if you successfully secure a settlement. In these cases, their payment typically comes straight out of the settlement. This means you don’t have to pay anything up front to secure the legal support you need for your case.

What Should I Look for in a Slip and Fall Lawyer?

When choosing a Baton Rouge slip and fall lawyer, seek someone with local premises liability knowledge and experience in handling Louisiana district court cases. Verify proven results via settlements and verdicts on Avvo. Check for 5-star reviews on Google and Yelp and see if they mention prompt communication. Confirm LSBA membership, free consultations, and contingency fees. Interview 2-3 for rapport and clear strategic communication.

Hire a Slip and Fall Lawyer That Understands Louisiana’s Personal Injury Laws

Navigating through a slip-and-fall claim can be complex, but you don’t have to guess your way through it blindly. When you hire a slip and fall attorney with a deep understanding of Louisiana slip and fall laws and the know-how to identify potential economic and non-economic damages, you can get through your case with ease.

The team at Day Law Group has decades of success in these types of cases. We’re proud to offer personalized and dedicated service to each and every client, no matter their story. If you want to discuss your case in more detail, contact us to set up an initial appointment today.