A slip and fall settlement happens when a slip and fall matter resolves by way of the parties reaching an agreement rather than going to court. The legislation that applies to this area of the law is the Occupier's Liability Act of British Columbia.
A slip and fall lawsuit is when someone falls and is injured on a property owned or occupied by another person or company (in your legal action, this is the Defendant).
When someone is injured in this way, there are usually 2 things that the parties need to resolve. They are as follows:
1. They need to determine if the Defendant is liable for the injuries suffered; and
2. If the Defendant is liable for the injuries suffered, how much should they be paid?
The thing is that sometimes accidents just happen. Just because someone is injured on another person’s property does not necessarily mean that the injured person will be compensated.
Whether or not the Defendant pays has to do with whether or not they have kept their property safe and in good repair knowing that others may attend on their property.
Each case is totally different in that it depends on how much the injured person has suffered and what their injuries are.
Like in other personal injury matters, the damages payable will be broken down into different areas. There are the non-pecuniary damages also known as "pain and suffering." Basically this head of damages is all about how much it sucks that you got hurt.
Then there are also damages for lost wages, out-of-pocket expenses, special expenses (like how much the crutches cost, how much you paid for subscriptions and the user fees for the chiropractor, for example). Finally, there can also be damages awarded for future cost of care and future wage loss.
When parties reach an agreement rather than going to court, this is called a slip and fall settlement. In many cases this happens instead of ending up in trial. This is most often preferable for the injured party as going to trial can be very stressful and it can take a relatively long time to get your matter heard before the court.
In order to determine the answers to these questions in your case, you will want to get legal advice and we are pleased to provide it.
Contact Us at Hemminger Law Group for a consultation.
Return from slip and fall settlement
Please contact us if you have had a slip and fall incident and have been injured.