Slip and Fall Case – Costs You Can Expect to Pay

Posted In

Personal Injury

Whether you are liable or seeking compensation for damages, a slip and fall case can cost tens of thousands of dollars. Know the law and costs of initiating a case, working with a Hamilton personal injury lawyer, and going to court to determine whether a trial or settlement works best financially.

How Much Does a Slip and Fall Case Cost?

Unless a case is settled out of court, it will go to trial. The process is costly. Your legal expenses include several basic necessities, but the actual fees can vary depending on your law firm. There are costs associated with:

  • Initiating a legal action (e.g. issuing and serving a Statement of Claim)
  • Responding to the opposing side’s documents
  • Conducting examinations
  • Trial costs (costs associated with preparing and presenting the case)

It can be financially, physically, and mentally beneficial to settle a case out of court. The vast majority of personal injury cases (related to slip and fall and motor vehicle accident damages) in Ontario are settled before going to trial. The cost of a case is also influenced by the value of the claim. Factors that affect the value of your claim include:

  • Medical/Rehabilitation – the costs of medical treatment received due to an accident are nearly always a factor in personal injury law. An injured plaintiff often looks for compensation for out-of-pocket expenses related to treatments already received. The cost of future medical care is also taken into consideration.
  • General Damages (pain and suffering) – depending on the accident, you can receive non-pecuniary general damages (for losses that can’t be quantified monetarily) for the pain and suffering you’ve endured and will continue to endure. In 1978, the Supreme Court of Canada put a cap on general damage awards (indexed for inflation). The number now is approximately $360,000.
  • Past and Future Loss of Income – compensation for “loss of earning capacity” can be included in damage awards if an accident has impacted a person’s ability to earn wages and a salary. You may be compensated for past losses of income and future ones as well. Loss of income cannot be claimed for the first week following an accident.

Legal Factors and Case Costs

If a slip and fall accident leads to a case, a Hamilton personal injury lawyer will consider various aspects of the law. The Occupier’s Liability Act puts a “duty of care” on owners, managers, and landlords (occupiers) to see that persons who access their property are reasonably safe. It allows for a landlord to be sued if someone is injured because of a lack of maintenance. Under the law, occupiers may be exempt from liability if someone is injured as a result of criminal activity, trespassing, or engaging in recreational activity on the property.

A Hamilton personal injury lawyer will also consider Ontario’s Negligence Act. The injured party can be liable as well, and liability can be divided up between each party at fault by a judge or a jury.For example, if you are found 30 percent at fault for the accident, you recover 70 percent of the damage award. That’s something to consider in assessing the financial impact of potential rewards or even pursuing the case at all.

Hire a Law Firm to Guide Your Slip and Fall Case

Mackesy Smye is a law firm experienced in slip and fall cases and will clearly outline the costs of pursuing a personal injury claim, settling out of court and going to trial. We’ll fight to get you compensated for an injury from an accident caused by someone else’s negligence. Contact one of our lawyers in Hamilton for a free consultation.

Get started today with a free consultation

Contact us for a confidential slip, trip and fall legal consultation. Complete the secure online contact form, or call us at 1-905-525-2341 today.

Related Articles

when do you need a personal injury lawyer?

Do I Need A Personal Injury Lawyer?

This legal article gives you all you need to know about finding a personal injury lawyer in Ontario. And tells you how to make sure you find the best lawyer for your case. We provide great resources to help you do your research too. You only get one shot at this, so we want you to do it right.

Read Article
Air BnB and personal injuries - suing rental property owners

Personal Injuries & Rented Properties

If you are using Airbnb to find accommodations, you need to understand what happens in the event of a slip, trip or fall. Read this post to learn more about the legal framework that Airbnb provides to its users, and where hosts and guests should exercise more caution.

Read Article
How do you determine mental anguish compensation for personal injuries?

Compensation For Mental Anguish – Personal Injuries

If you are suffering mental anguish caused by someone else’s action or negligence, you can seek damages. Carefully read this post to learn more about mental anguish and how plaintiffs can seek damages from the defendant.

Read Article
Suing for personal injuries during zip lining, sky diving and other risky activities

Risky Activity Waivers - Personal Injuries

If you have been injured in an extreme sporting activity in Ontario, but have signed an injury waiver you need to read this article to learn about risky activity waivers, and what legal options participants have in the event of an injury.

Read Article
compensation for psychological impacts - personal injuries

Personal Injuries: Psychological Impacts & Compensation

If you have suffered emotionally following a personal injury caused by another person, then you might have a case for compensation based on the psychological impact on your life. Read this article to learn more about psychological damages and to gauge where you might stand.

Read Article
fault in vehicle accidents personal injury

Personal Injury: Proving Fault in a Motor Vehicle Accident

Have you been hurt in a motor vehicle accident and are seeking damages? Read this post to better understand how in Ontario, victims of motor vehicle accidents must determine who was legally responsible for any injuries or damages sustained.

Read Article
Templates Library
Loading, Please wait...
The Library cannot be open, please try it again later.
This field is required.
Invalid email format.
Some of the fields are not filled or invalid.
Form Template
Select a Form Template
Available fields in the selected template: