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How the Value of a Slip and Fall Case Is Determined | Part 2

• What was the nature of the unsafe condition? How strong is the proof-do you have good photographs? How dangerous was it?
• Was the fall reported to the landowner? Were they able to verify what made you fall?
• Was the unsafe condition in violation of any safety codes or industry standards? Is there an expert opinion, and how strong is that opinion?
• Is there an argument you were comparatively at fault? How plausible is this argument?
• What injuries did you receive, how serious are they? Is this a new injury or an aggravation of an existing injury or condition?
• How do the injuries affect your quality of life? Will they affect your ability to earn money? How long will you suffer from them? What future medical expenses and procedures will be required?

Although there are other factors to consider, these are some general guidelines which will be considered.

There are essentially two categories of damages.

The first are special damages which can be calculated with certainty. They include medical expenses incurred for treatment you have received as well as your doctor's estimation of future medical expenses you more likely than not will require. If your ability to earn money has been affected, special damages would include your loss of earnings, and your ability to earn money in the future. Many times experts must be hired to calculate these damages and provide their opinion.

The second are intangible damages. These are not subject to being calculated precisely and juries are instructed to use their own common sense and judgment in awarding these damages. They include:

• Physical pain and suffering
• Mental pain and suffering
• Inconvenience and
• Emotional distress
• Scarring
• Disfigurement
• Loss of the enjoyment of life

All of these factors, including others too numerous to list here; combine into a unique combination of circumstances which will influence the value of any case.
Virtually no two cases are alike, even if the accident and injury suffered sound similar.
This means the evaluation of two cases which may sound very similar to one another often produce widely different results due to many of the issues discussed in this book.

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