Author: Anika Helen - Paralegal
Edited By: Ryan Carson
Canadian winters can be extremely harsh and that usually comes with icy roads and sidewalks. Slipping and falling is a common incident that we all experience at one point or another. Most times, we get up and keep walking. Other times, not so much. Unfortunately, for some, a simple slip and fall can turn into a disastrous situation, which includes broken bones, soft tissue injuries, head injuries, etc.
Most slip and falls are accidents. However, a minor accident like this can actually be a case of slip and fall settlement. That usually depends on where and why the incident took place. Injuries can occur on another person’s property, where the owner or occupier has been found to be negligent, may qualify the injured person for a liability claim. Depending on the extent of injuries and where the incident has taken place, a person can be entitled to a minor or large settlement as a result of their injuries.
What types of damages are available?
Damages are usually the monetary amount awarded when someone wins a personal injury lawsuit. However, in this case, damages are also referred to as all the expenses paid as a result of a slip and fall accident. Some of the common damages available to a person who has sustained such injuries are:
Personal support workers
Attendant care
Prescription medication payments
Medical bills
Physical therapy
Occupational therapy
Other treatments
Lost wages or benefits (for past, present and future)
Physical pain and suffering
Emotional pain and suffering, including mental disorders related to the injury
Settlement or Litigation?
There are two ways a slip and fall matter can be handled: litigation or settlement. A settlement can potentially help a person obtain a higher payout while avoiding high litigation fees. Going to trial can be expensive. However, if settlement is not an option and the opposing party does not cooperate, then litigation is the proper path to take. Injuries sustained from slip and falls can have devastating effects on one’s life, to the point where a person is unable to carry out activities of a reasonable person. The maximum a person can be awarded for such accidents in Canada is up to a maximum of $360,000.
Litigation
Before a person decides to go to court for injuries sustained as a result of a slip and fall accident, there are some questions about their situation that need to be answered. For example:
Are you within the statute of limitation?
Do you know how much your claim could be worth?
Is it worth going to court if you have better chances with settlement?
If a person decides to file a claim with the small claims court for injuries up to $35,000, it starts with a demand letter. In the letter, they have to detail exactly what happened, where it happened and the extent of injuries. One also has to quantify a cost of injuries. It is important to keep all medical bills, receipts and any other documentation to support the dollar amount being claimed for physical damages. Assigning monetary value to emotional damages and loss of social or educational experience can be tricky but it can be done with the help of a legal representative.
Once everything is ready to file, you or your legal representative can go ahead and serve the demand letter to the opposing party. If they agree to payout the amount or come to a settlement, then there is no need to take the matter to trial. However, if the opposing party denies or fails to pay, a person can then proceed to filing a claim with the small claims court.
It is important to get help if you or someone you know is a victim of a personal injury incident. The first step is to get help and get better. Once you are better, and you have decided to take the route of settlement or litigation, it is imperative that a legal representative is consulted with. They can guide you through any necessary steps and actions that need to be taken to achieve the result you deserve.
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