Life is filled with uncertainties, and an unfortunate event like an injury is something nobody wants. But as life would have it, slip and fall accidents are inevitable and can happen anywhere. It could happen at a grocery store, a restaurant, a car park, or even someone else’s property.
Any victim of a slip and fall accident may be entitled to compensation. However, determining the amount of compensation one is entitled to can be challenging. In this blog post, we’ll explore how slip and fall settlements are calculated in Ontario and how a personal injury lawyer can assist you in getting the compensation you deserve.
Factors considered when calculating slip and fall settlements
Several factors are taken into account when calculating slip and fall settlements in Ontario. Some of them are –
- The severity of Injuries – The severity of your injuries is crucial in determining the amount of compensation you’re entitled to. The more severe the injury, the higher the compensation you are bound to receive.
- Medical Expenses – Medical expenses related to your slip and fall injuries are also considered when calculating your settlement. Be advised that medical expenses that are usually covered under compensation include hospital expenses not covered by OHIP, treatment fees, prescription medication, and other medical-related expenses.
- Loss of Income – In an instance when you’ve had to take time off work due to your injuries, you are entitled to compensation for lost income as a victim. The compensation includes the income you’ve lost while you were unable to work and any future income you may lose due to your injuries.
- Pain and Suffering – Pain and suffering is another factor that’s factored in when calculating slip and fall settlements. This includes both physical and emotional pain or trauma and suffering you’ve experienced due to your injuries.
- Liability – Liability refers to who is responsible for your injuries. You, the victim, are entitled to full compensation if the other party is found responsible for your accident. However, in an instance where you’re found to be partly responsible for the accident, your compensation may be reduced by a percentage representing the degree to which you were at fault.
Other key components
- Timeframe – The timeframe in which you pursue your claim can also affect the amount of compensation you receive. Ontario has a two-year limitation period in which you must file your claim. If you wait too long, you may lose your right to compensation. In addition Bill 118, the Act to amend the Occupier’s Liability Act gives plaintiffs in slip-and-fall accidents on snow or ice just 60 days to file a notice of a claim.
- Pre-existing Conditions – If you had pre-existing medical conditions before the slip and fall accident, this might affect the amount of compensation you receive. Your lawyer will need to determine how much of your injuries are directly related to the slip and fall accident and how much is due to pre-existing conditions.
- Future Medical Expenses – If you require ongoing medical treatment due to your injuries, you may be entitled to compensation for future medical expenses. Your lawyer can help you calculate the estimated costs of future medical treatments and include them in your settlement.
- Property Damage – If your personal property was damaged due to the slip and fall accident, you might be entitled to compensation for repair or replacement costs.
- Contributory Negligence – If you are found to be partially at fault for the accident, your compensation may be reduced. Your lawyer can help you navigate the comparative negligence laws in Ontario and ensure that your settlement is fair.
- Insurance Coverage – The compensation amount you can receive may also depend on the insurance coverage of the party responsible for your injuries. A lawyer can determine if the other party has insurance coverage and how much compensation you can receive.
- Expert Witnesses – In some cases, expert witnesses may be required to support your claim, which generally includes medical experts, accident reconstruction specialists, or engineers. Your lawyer can help you find and hire the necessary experts to support your claim.
Importance of a slip and fall lawyer in Ottawa
If you’ve been injured in a slip and fall accident, hiring a personal injury lawyer in Ottawa is the right step forward. Here’s why
- Legal Representation – A slip and fall lawyer in Ottawa can represent you in court and handle all legal matters related to your case. This includes filing legal documents, negotiating with insurance companies, and representing you in court.
- Gathering Evidence – Your lawyer will take up the charge to gather evidence related to your case, including medical reports, witness statements, and any other evidence that can help support your claim.
- Calculating Your Settlement – Your lawyer can help you determine the amount of compensation you’re entitled to based on the above mentioned factors.
- Negotiating a Settlement – Your lawyer can deal with the insurance company on your behalf to ensure you receive fair compensation for your injuries.
If you’ve been injured in a slip and fall accident, you may be entitled to compensation. The amount of compensation you’re entitled to depend on several factors, as already mentioned. To ensure you receive fair compensation, hiring a slip and fall lawyer in Ottawa who can help you navigate the legal system and negotiate a settlement on your behalf becomes super important. SG Injury Law has a team of vastly experienced lawyers who can help in every step of your legal battle. Contact us today for a consultation!