A slip and fall at Target can lead to more severe injuries than you might initially think, and can happen to anyone at a moment’s notice.
Suppose you or a loved one recently slipped and fell while shopping at Target.
In that case, you may feel slightly embarrassed, hurt, and confused, especially if you suffered an injury keeping you from participating in daily activities such as work and home chores.
You may be contemplating filing a compensation claim, and if so, you might wonder, “What is the slip-and-fall settlement amount I can expect in New Mexico?”
However, predicting what you might be able to receive in a settlement isn’t easy because every situation is different, and every case is unique.
We can look at certain factors that will influence settlement amounts. Let’s take a closer look at Target slip and fall settlement factors. If you have any questions, please contact us today.
What Is a Settlement and What Does It Mean for You?
A settlement is an agreed-upon compensation amount between parties that occurs outside of court. It is negotiated between the parties without judicial intervention.
In exchange for the defendant paying compensation to the plaintiff, the plaintiff agrees to forgo any further pursuit against the defendant. In other words, the defendant is dispelled of any additional liability.
Despite what TV and movies might depict, most cases are resolved in a settlement, and only very few proceed to trial.
Settlements can arise at any point, from the initial filing of a claim up to the scheduled trial. A settlement involves negotiating between the parties, and the most significant settlements usually involve seasoned attorneys working diligently on behalf of their clients.
Settlements vary widely from case to case, depending on the facts and circumstances involved. The settlement variation can go beyond the dollar amount and the payment terms. For instance, will the settlement be paid in one lump sum or installments?
Target Slip-and-Fall Settlements
While there is no exact formula or calculation for determining your potential settlement, several factors will help provide a more accurate settlement prediction.
These include the following:
- The type of injuries,
- The severity of your injuries,
- Present and anticipated future medical costs,
- Lost wages,
- Insurance policies, and
- Applicable law.
Should your case proceed to trial, a jury or judge will use these factors when awarding.
Injuries from a Slip and Fall at Target
When most people think of a slip and fall injury, they probably think of bumps, bruises, and broken bones, but the truth is injuries can go far beyond that and often can be severe.
Common slip-and-fall injuries include:
- Broken bones,
- Bruises,
- Concussions or other traumatic brain injuries,
- Neck and back injuries,
- Spinal cord injuries,
- Cuts and scrapes,
- Soft tissue injuries,
- Hip fractures, and
- Chronic pain.
Slip and fall accidents commonly result in several injuries simultaneously, increasing your potential settlement. No matter what, a doctor should always evaluate you after any slip and fall incident to ensure you do not have any internal or slow-manifesting injuries.
Types of Damages
In any slip and fall case, there are three general categories of damages. Most successful slip and fall plaintiffs can seek compensation for economic and non-economic losses, while some may also be able to recover punitive damages.
Economic Damages
Economic damages are the easiest to calculate and are intended to cover actual costs incurred due to your injuries, including medical bills and lost wages. By adding up bills, receipts, invoices, and estimates, you can gain an overall understanding of your economic losses.
Non-Economic Damages
Non-economic damages are intended to compensate a plaintiff for their intangible losses. In other words, compensation for your injuries’ negative impact on your life.
These are more difficult to quantify because they are not based on actual costs and are individual to the person. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Rarely can a slip and fall plaintiff collect punitive damages from a defendant to punish them for extremely negligent conduct. Slip and fall plaintiffs do not often see punitive damages, although it is possible.
Surgery vs. Non-Surgery
One of the most significant factors influencing your potential settlement with Target is the extent of your injuries and the type of treatment they require. Most significantly, whether you need surgery or not.
Slip and fall settlements with surgery almost always increase the value of the settlement because the medical costs will be exponentially higher. Typically, injuries requiring surgery are more severe and will impact your life on many levels, including your work, daily home life, activities, and more.
The inability to participate in these activities may be temporary or permanent but will undoubtedly lead to emotional trauma, physical pain, and limitations.
Don’t worry if your slip and fall accident did not lead to the need for surgical repair; you may still be entitled to significant damages for what you have suffered.
As you can see, there are many factors and considerations to consider when contemplating a Target slip and fall claim. Meeting with an experienced personal injury attorney to understand your rights and options is essential.
Evidence Used to Prove Your Case Against Target
It is not enough to say you fell at Target and broke your wrist. You must prove that Target was negligent and caused your injuries and damages. This is easier said than done and often requires extensive investigative work and discovery.
Evidence that can help prove your case against Target include:
- Medical records and doctor’s reports,
- Store video surveillance,
- Pictures of the hazard,
- The clothing you were wearing at the time,
- Time missed from work,
- Eyewitness statements, and
- Expert testimony.
You might have a plethora of evidence, or you might have a few strong contributors. Either way, our experienced attorneys can help you gather what is necessary for the most substantial claim.
Meeting with a lawyer soon after your accident is essential to ensure you do not miss your opportunity to bring a claim. Typically, you only have two years from the date of your fall to file a lawsuit.
New Mexico Slip and Fall Attorneys
Are you wondering about Target’s slip-and-fall settlements and what you might expect from your claim? Contact our award-winning personal injury attorneys at Tawney, Acosta & Chaparro P.C. for a free case review!
We’ve been named to the Super Lawyers and Top 100 Trial Attorneys list several years in a row!
Alejandro Acosta
Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.
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