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.