If you suffer a slip and fall injury on someone else’s property, you may have a valid claim against the property owner. If you can prove the owner’s negligence caused your injury, you can seek compensation for your medical expenses, diminished income, and pain and suffering.

Mankato slip and fall settlements can be  beneficial for all parties. Our experienced slip and fall attorneys can work to ensure you are provided fair compensation for your injuries.

Understanding the Basics of Settlements

Slip and fall claims usually begin with a letter from your legal representative to the property owner or their insurance company. The letter outlines your intent to file a claim and may list additional information such as the circumstances surrounding the claim or the injuries you sustained. When your claim is ready to resolve, we will send another letter to the insurance company telling the story of your recovery, describing the damages for which you are seeking compensation, and making a settlement demand.  The property owner’s insurance company typically responds with an offer of a much smaller amount, and the settlement negotiations begin.

Your leverage in negotiations is the threat of a viable lawsuit if an acceptable settlement is not reached. Hiring a Mankato attorney soon after the slip and fall helps ensure your legal representative can obtain the evidence they need to negotiate a settlement from a strong position.

If a settlement is reached, the responsible parties will present a written settlement agreement that you must sign. It typically requires you to waive further claims against the parties involved and may require you keep the settlement amount confidential. Once you have signed the agreement, the responsible parties will remit a check to your attorney, who will deduct items like medical liens and legal fees and then forward the balance to you.

Factors That Impact the Settlement Amount

A settlement for a slip and fall case in Mankato provides compensation for your economic and non-economic damages. Your economic damages include:

  • Medical expenses
  • Incidental injury-related expenses
  • Reduced income if you could not work during your recovery
  • Future damages if your injury causes a permanent disability

Your non-economic damages include compensation for your physical pain, emotional distress, and lost enjoyment of life.

Multiple factors can influence the value of your damages claim. Your economic damages will equal the documented amount that you spent or lost due to your injury. Your non-economic damages may depend on:

  • Your age
  • The length of your recovery period
  • The extent of your permanent disability
  • The extent of lifestyle changes caused by your injury
  • The impact of your injury on familial and intimate relationships
  • The severity of your pain, as documented in medical and pharmacy records

The injury’s psychological impact is another critical factor when calculating non-economic damages.

You are more likely to receive maximum compensation if your attorney has strong evidence that the property owner’s negligence caused the slip and fall. If you have a robust case, property owners and their insurance companies will pay more to avoid trying the case before a jury. Deciding whether to take a case to trial requires a candid and detailed assessment of the strength of each side’s evidence, the impact of further delay, and the uncertainty of a jury verdict.

Insurance Coverage

One of the key factors in settlement negotiations is how much insurance coverage the insurer provides. Property owners are personally liable if they have insufficient coverage to offer reasonable settlements, but collecting from them can be challenging.

Comparative Negligence

If you were partially responsible for your fall, Minnesota Statutes § 604.01 allows you to seek damages from other negligent parties. However, the amount you can collect is reduced according to your degree of fault. You cannot collect damages if you were more than 50 percent responsible for the accident.

Seek a Favorable Settlement After a Slip and Fall With a Mankato Attorney

Some law firms urge injured people to accept settlements because they want to avoid the extensive work required for a trial. Our attorneys are always willing to bring a case to trial if doing so is likely to produce a better result.

However, Mankato slip and fall settlements may be the best option, and our compassionate attorneys—based in Mankato but serving surrounding areas—can evaluate the strength of your case. Reach out to us today for a free consultation.