What Is the Average Settlement for Slip and Fall?

You may be familiar with slip and fall personal injury cases, which are sometimes referred to as premises liability lawsuits. In a slip and fall accident, an individual sustains an unexpected injury after tripping or falling. Usually, an unanticipated object like a loose floorboard or spilled liquid causes the person to lose their balance.

Injuries sustained in a slip and fall accident range from mild to life-threatening. Mild wounds include bruises or contusions, while severe accidents can result in traumatic brain injuries (TBIs) and broken bones.

You may be wondering, “What is the average settlement for slip and fall?” Settlements vary widely. A settlement’s value depends on the extent of the defendant’s negligence and the injuries sustained because of that negligence.

At Morgan and Morgan, we’ve helped thousands of individuals obtain financial compensation in slip and fall cases. We can help you too.

Fill out our convenient online form to schedule a free case evaluation with one of our skilled personal injury attorneys.

What Factors Go Into Determining a Slip and Fall Settlement?

The amount of monetary damages you can recover from a slip and fall case varies widely. Proof of how the fall occurred and the scope of your injuries both play a role in your potential recovery amount. Insurance coverage liability amounts can also affect your compensation.

The Cause of the Fall

A slip and fall injury can occur anywhere. An accident can occur at a public place, business, or private residence.

To obtain compensation in a slip and fall case, you’ll need to provide evidence that the owner of the premises did not take reasonable precautions to prevent an accident.

Examples of failure to take reasonable care include:

• Failure to clean up a liquid spill in a timely manner
• Allowing flooring to remain in disrepair
• Not clearing common walkways of snow or ice
• Failure to remove clutter from the walkway

Suppose the premises owner is aware of potential hazards that could cause a person to slip and fall. In that case, they must take action to remove the risk or adequately inform people of the problem.

Extent of Injuries

Sometimes, a fall only results in mild injuries, like bruises or minor cuts and scrapes. However, people with severe injuries, like a fractured hip or concussion, often require extended medical treatment.

Expensive medical treatment like surgery or physical therapy increases the amount of compensation an injury victim is entitled to. A potential settlement includes any medical treatment associated with the slip and fall injury.

In addition, if you require time away from work to recover from your injuries, you may be entitled to lost wages.

Insurance Coverage

Every insurance policy has coverage limits. The defendant’s insurance policy limits are another critical factor when determining how much of a settlement you’ll receive.

When you file a slip and fall lawsuit against an individual or business, their insurance policy covers the monetary damages you receive. Companies often carry higher levels of insurance than individuals.

If you file a lawsuit against someone without insurance, it may be more challenging to recover the compensation you need to cover your injuries. Unless they have significant assets, any judgment you obtain against them may be limited.

What Is the Average Settlement for Slip and Fall?

Every slip and fall case is different. However, by considering the factors that led to the accident and the extent of your injuries, you can estimate your case’s monetary worth.

No Proof of Causation

If you’re unable to prove negligence by the defendant in your case, the damages you recover will be minor, regardless of the extent of your injuries.

For example, consider a case where an individual falls and breaks their ankle at work. There’s no evidence that a spill, object, or clutter caused the accident. The surface of the floor contains a coating designed to prevent falls. Of the hundreds of people who walk along the same surface daily, no one else has tripped or experienced an injury.

This example shows no evidence that the owner has failed to exercise reasonable care to prevent an accident. The floor is clean and even contains a non-slip coating. Even though the plaintiff experienced a severe injury, the defendant does not appear to have acted negligently.

The plaintiff may be able to recover a small settlement, but it will likely be less than $10,000.

Proof of Causation With Minor Injuries

Sometimes, there’s clear-cut evidence of negligence on the part of the defendant, but the plaintiff incurs injuries that aren’t serious. In such a case, the plaintiff may receive a larger settlement, but damages will be limited.

Consider a claim where a homeowner has failed to replace deteriorated flooring on a wood deck. They decide to have a barbecue and invite multiple friends to their house. While at the party, one friend steps on a rotten wood panel and falls through the deck.

Fortunately, they sustain only mild injuries, including cuts and scrapes and slightly strained ankle muscles. The friend decides to sue the homeowner for their injuries, and as evidence, the plaintiff keeps the rotten wood and shares pictures of their injuries with the homeowner’s insurance company. However, they recover completely in two weeks.

In this case, the victim can prove causation, but their injuries are too minor to result in a significant monetary award. They may be able to recover a settlement of $10,000-$15,000, but because minor injuries can vary so broadly, this number could be much lower or higher.

Proof of Causation With Major Injuries

A legal claim where the victim has suffered significant injuries and can prove causation has the best chance of a large legal settlement. In such a case, insurance companies are more likely to agree to greater monetary compensation to prevent the claim from going to court.

Consider the example of a grocery store owner who fails to clear the sidewalk directly outside the store’s entrance following a snowstorm. The store owner is well aware of the slippery ice but does nothing to protect visitors or employees from falling on it.

An older adult decides to visit the grocery store to purchase some essentials. As they enter the store, they slip on a patch of ice and fall, breaking their hip and sustaining a concussion. The plaintiff’s doctor predicts they will not ever recover from the accident and will require extensive surgery, a wheelchair, and ongoing physical therapy treatment.

Here, the victim could recover at least $50,000 from their settlement. The need for ongoing medical care, loss of quality of life, and clear evidence of negligence on the store owner’s part provides a compelling case for damages.

In addition, the store owner likely carries a comprehensive insurance policy with high liability limits. Their high coverage allows a lawyer more room to negotiate a considerable settlement.

How Do I Prove Damages in a Slip and Fall Case?

Anyone who sustains an injury as a result of a slip and fall accident will need to show evidence. Typically, you can accomplish this with evidence of medical treatment and statements from your physician documenting the severity of your injuries.

In cases where a victim will require extensive therapy to recover, the treating physician can provide a treatment plan for ongoing care.

If the accident severely impacts your quality of life, you may be entitled to compensation related to disability, disfigurement, or mental anguish. Your physician, family, and friends may attest to this harm through written statements.

If the case goes to trial, the judge may award punitive damages if the defendant was egregiously negligent. Judges award punitive damages to punish the defendant for their actions and discourage future activities that could hurt others in a similar manner.

How Should I Choose a Slip and Fall Personal Injury Lawyer?

When looking for a slip and fall personal injury lawyer, you’ll want to choose someone with experience inside and outside the courtroom. While most personal injury cases are settled and never go to trial, a trial may be necessary if an insurance provider is unwilling to provide you with an adequate settlement.

You should also choose a lawyer with whom you feel comfortable. Most personal injury lawyers offer free consultations. The consultation allows you to determine how comfortable you feel with the attorney and learn more about their experience with slip and fall cases.

At Morgan and Morgan, we have over 1,000 attorneys nationwide who work with personal injury victims. Our extensive knowledge of premises liability law allows us to obtain fair compensation for our clients. Some of our most recent settlements and court verdicts for slip and fall cases include:

• $759,000 for a victim who suffered a fractured shoulder after a fall at a restaurant
• $250,000 for a man who got a torn ligament and dislocated knee at a restaurant
• $850,000 for a woman who slipped and fell at a restaurant, suffering a broken arm and facial injuries
• $5,800,000 for a woman who tripped over loose wires at a convention center, suffering a broken foot that required surgery

Our results speak for themselves. When you contact Morgan & Morgan for assistance, your case will receive strict attention. We never accept settlements that aren’t fair to our clients.

How Long Do I Have to File a Slip and Fall Lawsuit?

Each state has a statute of limitations laws that limit the time you have to file a legal claim. In most states, the statute of limitations is two to five years. Your lawyer will need time to assemble facts and develop a case strategy. It’s best to seek legal counsel as soon as possible following your accident.

What Is the Average Settlement for Slip and Fall?

What is the average settlement for slip and fall cases? Settlement value for a slip and fall case varies, depending on negligence, the extent of injuries, and insurance coverage. It’s best to seek legal counsel to determine how much your case may be worth.

Will My Case Go to Trial?

Approximately 96% of personal injury claims are resolved through a settlement. That means only 4% ever make it to trial. The chances of a trial increase if the insurance company is unwilling to provide fair compensation for your injuries.

Contact Morgan & Morgan for Assistance With Your Slip and Fall Case

Each day, thousands of people suffer from slip and fall injuries caused by the negligence of others. At Morgan & Morgan, we believe in helping victims obtain the compensation they deserve to recover and move forward with their lives.

When you work with Morgan and Morgan, you don’t have to wonder what is the average settlement for slip and fall injuries. We’ll examine the facts of your case and the extent of your injuries to determine how much your case is worth.

You’ll get access to skilled legal representation with your best interests at heart. To speak with a qualified slip and fall attorney, schedule your free case consultation today.