Your day and even your life can be altered in a few seconds by a slip and fall.
At first, you might think that the pain will go away. Instead, you start to miss classes or work, go to doctor visits and find it difficult to perform tasks that were previously easy.
Naturally, you may wonder: How much compensation can I receive?
There is no standard settlement amount for a slip and fall claim in Ottawa. Two people can fall in similar locations and receive very different compensation because their injuries, employment, recovery, responsibilities, and long-term limitations differ.
A qualified Ottawa slip and fall lawyer can determine the full extent of the accident and make sure an insurance company does not underestimate your damages.
Is Compensation Automatic After a Slip and Fall?
No. Falling on someone else’s property does not automatically entitle you to compensation.
You must show that the property owner or manager failed to exercise reasonable care and that the failure resulted in your injuries.
Potential hazards may include:
- Snow or ice
- Wet floors
- Spilled liquids
- Broken stairs or handrails
- Uneven flooring
- Poor lighting
- Loose carpeting
- Potholes or damaged pavement
- Debris in a walking area
The legal question is not simply whether a dangerous condition existed. The investigation may also examine how long it existed, whether the occupier knew or should have known about it, what inspection system was in place and whether reasonable action was taken.
What Compensation May Be Available?
A slip and fall claim can include several categories of compensation.
1. Pain and Suffering
Pain and suffering damages address the non-financial effects of your injury, including:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Reduced mobility
- Sleep disruption
- Loss of independence
- Inability to participate in hobbies
Two individuals can have the same fracture and have different recoveries. One can go back to regular life in a few months, whereas the other may have to live with chronic pain or long-term restrictions.
The value of this part of the claim depends on how the injury affected your specific life.
2. Lost Income
If the injury caused you to be unable to work, you might be able to get compensated for lost income during recovery.
This can be in the form of regular wages, overtime, bonuses or commissions and other employment benefits. Self-employed individuals might be required to provide tax returns, invoices, contracts or business records to prove their losses.
Sick days or vacation days used due to the accident should also be kept track of.
3. Future Loss of Earning Capacity
You can go back to work and yet have a long-term disadvantage.
Maybe you are unable to work the same number of hours, do physical work, travel, take overtime or seek promotions. Some people must change careers entirely.
A future income claim may consider your age, occupation, earnings history, education, medical prognosis and ability to work consistently.
You do not need to be completely unable to work for an injury to affect your future earning capacity.
4. Medical and Rehabilitation Costs
OHIP may not cover every service or item required during your recovery.
Your claim may include reasonable costs for:
- Physiotherapy
- Psychological treatment
- Medication
- Occupational therapy
- Assistive devices
- Mobility aids
- Home modifications
- Travel to appointments
- Future rehabilitation
Maintain any records and receipts of treatment. Minor costs may turn out to be huge in situations where months or years of recovery might be involved.
5. Housekeeping and Personal Assistance
You may be unable to cook, clean, carry groceries, do household repairs or take care of family members due to an injury.
Even where family members provide preliminary support without compensation, the reasonable cost of replacing the services you are no longer able to do may also be compensated.
What Determines the Value of My Claim?
The Severity of Your Injury
A small sprain that heals easily will not be measured equally to a break, head injury, spinal damage or a surgical condition.
However, the name of the injury is only one factor. The insurer will also consider:
- Length of recovery
- Treatment required
- Permanent impairment
- Chronic pain
- Future complications
- Effect on daily activities
How the Injury Changed Your Life
Compensation is personal.
A shoulder injury can be different for a construction worker and a desk worker. It can also deprive a parent of raising a child or an active individual of sports and other hobbies.
What you could do before the accident and what you are not able to do after the accident should be clearly illustrated in your claim.
The Strength of the Evidence
Important evidence may include:
- Photographs of the hazard
- Security footage
- Witness statements
- Incident reports
- Maintenance records
- Cleaning logs
- Weather information
- Medical records
Evidence may be easily destroyed. Ice is thawed, spills are cleaned, surfaces are patched, and surveillance camera records can be deleted.
An Ottawa slip and fall lawyer can be called early to help preserve evidence.
Whether You Were Partly Responsible
The property owner or the insurer can claim that you were distracted, did not pay attention to a warning sign or had inappropriate footwear.
Even when you were partly at fault, you would still be able to recover compensation, but the compensation would be apportioned to your share in the fault. Your own negligence is called “contributory negligence”.
To illustrate, say you had a loss of $100,000 and were determined to be 20% contributorily negligent, then you would only be paid $80,000.
An allegation that you contributed to the fall is not automatically correct. It must be assessed against the available evidence.
Your Medical Documentation
Your medical records should explain your symptoms, diagnosis, treatment and functional limitations.
Take prescribed treatments reasonably and regularly visit doctors as much as possible. Lapses in care can enable an insurer to maintain that the injury is not as severe as stated.
It is also prudent not to settle until your prognosis is fairly certain. After accepting a final settlement and signing a release, you are usually not entitled to any further compensation in case your condition deteriorates.
Is There a Settlement Formula?
No single formula or online calculator can be used to value all slip and fall claims.
Even a basic calculator cannot tell you whether you will need surgery, develop chronic pain, lose future earnings or need lifelong medication.
An adequate evaluation involves a good examination of the accident, your medical evidence, liability and the overall effects on your life.
Be wary of sites that offer an immediate settlement estimate with only a few details.
How Long Do I Have to Make a Claim?
In Ontario, a general two-year limitation period may apply from the date the claim was discovered. In many cases, this is the date of the fall.
However, much shorter notice periods can apply.
Certain snow-and-ice claims may require written notice within 60 days. Claims involving municipal property may have even shorter notice requirements.
Missing a deadline can place your entire claim at risk. Speak with an Ottawa slip and fall lawyer as soon as possible rather than waiting until your recovery is complete.
Frequently Asked Questions
- Is there an average slip and fall settlement in Ottawa?
No reliable average applies to every claim. Compensation is based on the injury, liability, lost income, treatment costs, future needs, and supporting evidence. - Would I be able to claim without a broken bone?
Yes. Even in cases where no fracture is visible on X-ray, soft-tissue injuries, concussions, chronic pain and psychological injuries can be used to substantiate a claim. - What if I were in part guilty of the fall?
You can still be compensated, but the compensation amount would be less depending on your percentage or degree of fault. - What is the duration of a slip and fall claim?
The timeline varies. There are delays in claims where the liability is disputed or where the future outcome in terms of medical costs is unclear. - Should I have a lawyer?
There is no legal obligation to get a lawyer, but there might be short deadlines, more than one party, and complicated medical evidence. A lawyer will be able to investigate the accident, preserve the evidence and negotiate with the insurer.
Speak With an Ottawa Slip and Fall Lawyer
The value of your claim is not limited to medical receipts. It may include the effect of the fall on your health, career, independence, family responsibilities and future quality of life.
Insurance companies may focus on evidence that reduces the value of a claim. You need someone examining the case from your perspective.
SG Injury Law represents people injured in slip-and-fall accidents in Ottawa and throughout Eastern Ontario. Our team has experience working with insurance firms, giving us an understanding of how insurers research claims and seek to reduce compensation.
We have a concentrated caseload and collaborate closely with clients to record their injuries, treatment requirements and financial damages.
If you were hurt due to ice, improper repairs, broken floors, a spillage or any other hazardous situation, call our skilled Ottawa slip and fall lawyers.
We provide free, confidential consultations and accept personal injury cases on a contingency basis; that is, the client is not charged any legal fees until his/her case is successfully settled.
A consultation can help you understand your rights, the time limits, and the possible value of your claim.