The way slip and fall settlements are calculated in Iowa differs from one case to another. The average settlement amount is usually between $10,000 and $50,000.
However, this may not be the case in, for example, slip and fall accidents that result in victims suffering severe injuries.
As such, determining what is considered fair compensation for the victims is one of the most difficult aspects of a slip-and-fall case.
Without a good personal injury attorney, several factors can result in victims not getting the compensation they deserve.
In Des Moines, Iowa, Tom Fowler Law is determined not to let that happen. In just one free consultation with an experienced slip and fall attorney, victims can get a clear picture of what to expect from their slip and fall personal injury claim.
If you are ready to seek compensation to cover your medical treatment and other expenses, call Tom Fowler Law today. Our team can also consult on how pedestrian accident settlements are calculated in Iowa.
What Constitutes a Personal Injury Claim in Iowa?
Before determining how much the injured party can expect from a slip and fall settlement, it is important to understand the various aspects of this kind of personal injury claim.
Consider the following:
The Basics
A slip and fall settlement is one in which a victim is injured by falling due to another person's negligence.
In Iowa, the state requires the at-fault party to compensate victims for any injuries sustained as well as the financial costs that result from medical expenses, lost wages, etc.
Key Components of Negligence
The issue of negligence is one of the most important components of a slip and fall case in Des Moines, Iowa.
If a fair settlement is to be awarded, the victim's personal injury attorneys must show the following:
Duty of Care - The at-fault party must be shown to have had a duty of care to the victims. In cases of slip and fall accidents, a good example is the duty of care a hotel owner has over the safety of all residents and visitors in the building.
Breach of Duty of Care - It is important to demonstrate that the at-fault party breached their duty of care by allowing a dangerous situation to develop that caused the slip-and-fall accident to happen. An example is allowing people to walk in poorly lit areas of the building, resulting in injuries.
Causation - The at-fault party's actions or lack thereof must be shown to be directly responsible for the injuries sustained by the victim. In the above example of a hotel, this could mean showing that it was the property owner or manager's duty to ensure that all public areas were well-lit.
Damages - In a slip-and-fall claim, victims need to show that they suffered actual losses due to the actions of the defendant. This can be in the form of financial costs for property damage, medical bills, or emotional distress as a result of the accident.
The Settlement Process
How slip and fall cases are handled differs from one state to another. In Iowa, it is important to understand the settlement process so that the victims do not miss important filing deadlines or the statute of limitations for personal injury claims.
Settlement negotiations between the injured party and the defendant or their insurance company are usually the first step in the road to recover compensation. Mediation follows soon after if an agreement cannot be reached.
As a last resort, the victims may have no choice but to seek compensation by going through the court system.
Either way, having an experienced lawyer from the beginning of the settlement process is the best way to receive fair compensation from the at-fault party.
How Is a Slip and Fall Settlement Calculated?
In Iowa, as with motor vehicle accidents or other personal injury claims, the final settlement amount that is owed to the injured individuals in slip and fall cases is determined by calculating the following three types of damages:
1. Economic Damages
Any tangible losses or financial costs that victims have to shoulder as a result of injuries sustained after the slip and fall accident are regarded as economic damages.
While these damages can cover a wide range of losses, the following two are the most common:
Medical Bills
If hospitalization or any form of medication is required for the resulting injuries after a slip and fall accident, the medical expenses that the victim will incur are listed under economic damages.
Here, it is important to consider whether long-term care or permanent disability is an issue. If it is determined that the victim will require, for example, many years of treatment and physical therapy before they fully recover, it will greatly impact the amount they should receive as a fair settlement.
Lost Wages
In cases where victims need to take some time off work due to physical pain or because they need to seek medical treatment, they will have to be compensated for their lost income.
Calculating the amount for lost wages requires knowing how much time the victims have been forced to stay at home and the amount they would have earned had they been able to work. Any impact on the victim's future earning potential may also be considered.
2. Non-economic Damages
Besides monetary losses, victims also go through pain and suffering as a result of the slip and fall accident.
This, along with other intangible losses, such as loss of the enjoyment of life or having to deal with lifelong disabilities, will be calculated under non-economic damages.
3. Punitive Damages
In rare cases, personal injury attorneys may decide to seek compensation for punitive damages as well.
These are determined by the judge and are reserved for defendants who have shown outrageous conduct, callousness, or a lack of remorse for their actions.
Punitive damages are used by the court as a form of additional punishment and a deterrent to future offenders.
Key Factors Influencing Settlement Amounts
As mentioned earlier, on average, victims of slip and fall accidents can walk away with anything from $10,000 to $50,000.
Various factors that are unique to each case play a role in determining the final settlement amount.
The following are the four most important factors that personal injury attorneys need to consider:
1. Severity of Injuries
Common sense dictates that a person who slips on a wet floor and twists their ankle cannot expect the same compensation as another victim who falls down a flight of stairs and breaks their back.
The severity of the injuries sustained plays a crucial role in determining how much money the victims will walk away with.
Minor injuries not only involve lower medical bills but also result in limited time off work and minimal lost wages.
2. Determining Fault and Liability
In Iowa, comparative negligence laws apply. This means that as long as the victim's negligence is found to be less than 51%, they can seek compensation from the at-fault party.
However, the other side of the coin means that the victim's part in the accident will affect how much money they are awarded.
As such, a lot of work goes into determining fault and liability to ensure that the victims are not blamed for the injuries sustained.
3. How Non-economic Damages Are Calculated
Unlike tangible losses such as lost wages and medical bills, non-economic damages are awarded at the discretion of the judge. That means the amount awarded can vary significantly between cases.
As such, a personal injury attorney needs to use all of their experience to show how much pain and suffering their client experienced as a result of the defendant's negligence. For more information, a Des Moines slip and fall lawyer may be able to help.
4. Insurance Coverage Limitations
Policy limits can cap the amount of compensation that can be awarded in a personal injury claim. If the defendant's insurance company is only willing to pay a certain settlement amount, it may become difficult for the victim to receive fair compensation.
Understanding Damages and the Multiplier
One thing many slip-and-fall victims do not understand is how the multiplier works when determining the settlement amount awarded in a personal injury claim.
In general, once the economic damages have been calculated, the amount will be multiplied by a number between 1.5 and 5, depending on various factors, such as the severity of the injuries sustained.
Agreeing on the multiplier that is going to be applied is usually a sticking point in settlement negotiations, which is why a team of experienced personal injury attorneys can play a crucial role in seeking fair compensation.
Being able to gather evidence, present sufficient medical records, and show the amount of pain and suffering the victim suffered are all important in determining what multiplier will be used when calculating the settlement amount.
Personal Injury Attorneys at Tom Fowler Law Can Help
Considering the complexities of determining negligence and navigating the pitfalls of a shared fault scenario, having a good personal injury attorney is important when seeking compensation. This can also be true when determining how dog bite settlements are calculated in Iowa.
In Iowa, Tom Fowler Law has been fighting for the rights of victims for many years. With a stellar record of winning huge settlements, this law firm has become one of the most trusted in Des Moines.
Victims wondering how slip and fall settlements are calculated in Iowa can call right now and set up a free consultation.
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