Slip And Fall Settlements: How Much to Expect (2024)
Falls are a leading cause of accidents and deaths in the U.S. Slip and fall injuries can range widely from an ankle sprain to brain damage. Slip and fall settlements are intended to compensate victims for the losses they suffered due to their injuries.
These settlements occur as a result of hard work negotiating with insurers and at-fault parties. The settlement value depends on many factors, including the severity of your injuries and their long-term consequences.
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Factors Affecting the Value of Slip and Fall Cases
Personal injury cases rarely reach trial. Instead, most settle. However, settlement is a process that can take a while to complete.
It starts by documenting your accident and injuries and filing an insurance claim. The insurer for the person responsible for maintaining the accident site will investigate your claim by reviewing the evidence. These records will document the economic losses that will set the baseline for the injury compensation you can seek.
Your economic losses can include the following:
- Past and future expenses for treatment and therapy
- Lost income
- Diminished future earnings
- Reasonable and necessary out-of-pocket expenses
You can also seek compensation for non-economic losses. These losses include anything that diminishes your quality of life, including:
- Physical pain
- Mental suffering
- Disability
- Disfigurement, if an injury affects your appearance
- Dismemberment, if you lose a body part
Non-economic losses have nothing to do with your injuries’ cost or their effects on your ability to earn a living. As a result, they have no obvious value. Instead, a jury or claims adjuster determines a fair value based on how the injuries have impacted the victim’s life. Permanent or severe injuries cause more losses than temporary and minor injuries.
Thus, in premises liability cases, the severity of your injuries and the cost of your treatment are highly relevant. These factors can impact both economic and non-economic losses in slip and fall cases. Settlement amounts will naturally be higher in cases that involve greater losses. In turn, lawyers will often consider the following factors when estimating slip and fall settlements:
Slip and Fall Settlements Without Surgery
Injuries that do not require surgery will often have a shorter recovery time. Similarly, they usually result in less time off from work and the associated income losses.
One exception to this rule is a concussion. Doctors do not perform surgery after a concussion, but the injury can still produce serious symptoms. Concussions can happen in a slip and fall accident when your feet slip forward—for example, on a poorly maintained pool deck—you fall backward, and your head strikes the ground. This causes your brain to move violently to the back of your skull.
Concussions can produce numerous concerning symptoms, including:
- Headache
- Nausea
- Blurry vision
- Drowsiness
- Clumsiness
They can also affect your cognition by causing:
- Unconsciousness
- Confusion
- Memory loss
- Difficulty concentrating
These symptoms could cause a slip and fall victim to miss several days or weeks from work even without surgery. The income losses from that unplanned time off could significantly increase the possible settlement value.
Slip and Fall Settlements With Surgery
Slip and fall injuries that require surgery will usually cause the patient to miss time from work and incur greater medical expenses. Additionally, surgery will lead to more pain and worry.
For instance, suppose that you tear a knee ligament in your slip and fall accident. In addition to knee surgery, you will need several months of rest and physical therapy to try to recover. Even though the injury is not life-threatening, its impact on your finances could be significant.
Long-Term Disabilities
Injuries that cause long-term disabilities will lead to greater losses. For example, doctors cannot repair a herniated disc in your spine. They are also reluctant to operate unless it gets so bad that they have no choice.
Until that point, the risk of back surgery outweighs the benefits. In these cases, the long-term disabilities you suffer can lead to both medical bills and income losses.
Documenting Your Losses After a Slip and Fall Accident
Injuries from slip and fall accidents can result in permanent disabilities that interfere with your ability to work or care for yourself. The average settlement will depend on your unique damages. You should carefully document your losses to recover full and fair compensation for your injuries.
Your lawyer will discuss the kinds of records you will need. In the weeks and months after your slip and fall, try to recognize when you spend money on anything related to your accident or injuries. For example, if you must install grab rails in your bathroom because you tore ligaments in your knee when you slipped, keep the receipts.
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Learn More From ConsumerShield
ConsumerShield is dedicated to helping injured people understand their legal rights. We will perform a free case evaluation and connect you with a slip and fall lawyer who will fight for your rights. Contact us to discuss how we can help you with your slip and fall claim.
Slip And Fall Injury Knowledge Base
Read the latest information on Slip And Fall Injury and find answers to your questions. Currently there are 6 topics about Slip And Fall Injury Claims.
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Frequently Asked Questions
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Settlements will vary depending on the facts of your case. Factors that affect your settlement include:
- Bills for treatment and therapy
- Disabilities from your injuries
- Impacts of your condition on your ability to work
You can also be compensated for the ways your injuries affect your quality of life.
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You prove your losses using several types of evidence. Financial records indicate how much money you spent, doctor’s bills show the amounts owed for treatment and pay stubs demonstrate how much income you lost. Finally, your doctor will testify about the treatment you might need going forward.
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You can take a few steps to ensure your settlement covers your losses. First, document the accident by taking photos of the scene. A stronger case could motivate the other party to offer better terms. Also, seek medical attention so your lawyer knows the costs you face in the future.