Slip and fall accidents can cause serious injuries. If you were hurt in a fall at a Wisconsin business or on another person’s property in Wisconsin, you may be entitled to financial compensation through a premises liability claim. This raises an important question: What is the amount of compensation you can expect to get in a slip and fall accident claim in Wisconsin? The answer depends entirely on the specific circumstances. Here, our La Crosse slip and fall accident lawyer highlights three key factors that will affect the value of your premises injury case.
1. Proving Liability
Neither a business nor property owner in Wisconsin is automatically liable for a slip and fall accident. Injured victims must prove liability—the negligence of the defendant—in order to hold them responsible for the accident. Wisconsin is a comparative negligence jurisdiction for premises liability claims (Wis. Stat. § 895.045(1). A slip and fall accident victim can still recover even if they are partially at fault for a fall accident. However, their compensation would be reduced by their level of blame. For example, if you were found 25 percent responsible for your own slip and fall in La Crosse, your settlement or verdict would also be reduced by 25 percent.
2. Establishing Damages
In Wisconsin, a slip and fall accident settlement or verdict is designed to be primarily compensatory in nature. Put another way, your slip and fall accident compensation will be based on the actual damages that you sustained. The damages refer to the financial losses suffered by the victim as a result of the accident. Notable examples include:
- Medical expenses;
- Ongoing medical care;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Emotional distress; and
- Disability/disfigurement.
The bottom line: The value of a slip and fall claim in Wisconsin will largely depend on the severity of the injury and the effect it has on the victim’s life. A severe injury that results in a permanent disability will result in a larger and more comprehensive settlement than a minor injury.
3. Navigating Claims Process
The last factor to consider is the victim’s ability to effectively navigate the claims process. It is crucial to note that insurance companies often try to minimize payouts, so a strong command of legal procedures, deadlines, and negotiation tactics can significantly influence the compensation amount. You need a skilled, experienced Wisconsin slip and fall accident attorney on your side.
Set Up a Free Consultation With a Top Wisconsin Slip and Fall Accident Lawyer Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin premises liability attorney has extensive experience handling slip and fall accident claims. If you or your loved one was hurt in a slip and fall, we are here to help you secure the maximum financial compensation. Contact us today for a free, no obligation consultation. With offices in La Crosse, Eau Claire, and Onalaska, we fight for the right of slip and fall accident victims throughout the wider region.