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People injured in a fall caused by a dangerous condition on someone else’s property. You might be considering filing a lawsuit against the property owner but aren’t sure if that’s the best course of action. One of the things you may want to think about is how much is a slip and fall lawsuit worth? In short: it depends on a few factors. Each case is unique. Each venue (the place where you file a lawsuit) is unique. However, a few things to keep in mind should help you figure out how much your claim is worth.
Average Slip and Fall Settlement
The average settlement for a slip and fall case is between $15,000 and $45,000. Several factors influence if your case falls within the average range. If your injuries are minor, your case might be considered below average. If you have serious injuries and a strong legal case, your settlement may be higher than average. The average slip and fall settlement, on the other hand, is usually somewhere in the middle.
A slip-and-fall accident includes the following items in compensation:
- Economic losses that can be measured
- Economic and non-economic losses (pain and suffering)
Slip and Fall Economic Losses
The following are examples of tangible economic losses:
- Medical expenses are current and future expenses supported by medical bills and testimony from a doctor.
- Long-term care – severe or permanent injuries may require home health care.
- Rehabilitation therapy — some injuries necessitate rehabilitation therapy, which can take months or even years to complete.
- Medications — you’ll need to take these to recover from your injuries. Slip-and-fall victims may need to take medication for the rest of their lives in some cases.
- Wages lost — you may be unable to work while recovering from your injury. Meanwhile, permanent injuries may limit your ability to perform, resulting in a higher payout.
Economic and Non-economic Losses
You may be entitled to compensation for pain and suffering in addition to monetary damages. The following are some of the losses:
- Physical suffering and pain — chronic pain can last for months or even years following an accident.
- Emotional anguish — after a slip-and-fall accident, the mental anguish can last for months. Fear, insomnia, worry, and frustration are some of the symptoms.
- Loss of consortium — slip-and-fall accidents can be fatal in rare cases. Spouses, partners, and family members can seek compensation for the pain and suffering caused by the death of a loved one in this situation.
- Loss of self-esteem — if the accident results in scarring or permanent disability, you may be entitled to compensation for the resulting loss of self-esteem.
While average slip-and-fall settlements are high, getting the compensation you deserve without the help of a lawyer can be difficult. An experienced personal injury attorney can help you take all necessary steps toward compensation, from gathering evidence to proving premises liability.
Out of Court Settlement for a Slip and Fall
The amount you receive in a slip and fall-out-of-court settlement depends on the strength of your case and the severity of your injuries. Your settlement should cover all of your financial losses, including medical bills, travel to medical appointments, and even lost wages due to your inability to work.
Your pain and suffering compensation is the other part of your out-of-court settlement for your slip and fall. When your injuries are severe, you may be entitled to compensation for pain and suffering several times the amount of your economic losses payment.
Finally, reaching an out-of-court settlement for your slip and fall case requires careful negotiations with the other party. While strategically negotiating with the responsible party, you must make a strong case. The amount that the other side agrees to pay to resolve the case is what you get in an out-of-court slip and fall settlement. Formal mediation or informal discussions may be used to resolve the case.
Negotiating out of Court
When two or more parties agree to work out their differences outside of the courtroom, they can enter their private negotiation stage. This settlement negotiation is arguably the most crucial stage in the process of recovering damages, and you’ll want an experienced attorney on your side. That’s because you don’t want an insurance company or the liable party’s attorney to persuade you to accept a low-ball offer.
Typically, a settlement follows the filing of an insurance claim or a lawsuit, but two parties may agree to settle the issue privately from the start. The majority of the cases end in a settlement that leaves both parties satisfied. Or at the very least satisfied with the resolution of the problem. The liable party compensates the victim, and the victim agrees to forego filing an insurance claim or filing a lawsuit.
Final Thoughts
Accidents involving slipping and falling can be fatal. You may develop long-term complications in case of major accidents. Your life may be disrupted in some way, regardless of the fall’s impact.
It’s best to hire an attorney to represent you when seeking compensation for your losses. A lawyer will ensure that you receive the proper slip and fall lawsuit settlement amounts. An attorney can advise you on the proper procedure long before your case reaches the courtroom.
Your insurance provider will do everything possible to avoid paying you the full amount of your financial losses, no matter how valid your claim is or how obvious the liability is.
That’s why it’s critical to work with a lawyer who can help you When Do You Need to Hire a Personal Injury Lawyer? recover all of your monetary and nonmonetary losses.
Your slip and fall lawyer should have handled premises liability cases before. And they should have the resources to collect evidence, retain skilled witnesses, and propose and prepare strategies to optimize the lawsuit process.
Most personal injury attorneys handle cases on a contingency payment basis. Which means they don’t get paid unless they end up winning your case.
Bonus Tip: Check to make sure you’re not at fault before proceeding to the courtroom. If you are at fault for the accident, you may not be entitled to compensation.
