Slip and Fall Settlements: How They Are Negotiated and the Average Settlement Amount

One of the most common types of injuries is a slip and fall, and unfortunately, they are often due to a property owner allowing dangerous conditions to develop—by negligence or even carelessness. Property owners and managers owe a “duty of care” to anyone on their premise, and when they fail to reasonably uphold that duty, they can be held responsible for what comes next.

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, someone sustains an unexpected injury after tripping or falling. Often, an unanticipated object like a loose floorboard or spilled liquid is what causes the person to lose their balance.

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

When an injured slip and fall victim files a personal injury claim, these claims are frequently settled out of court. Settlement amounts vary widely, and the value of a claim depends on the extent of the defendant’s negligence and the severity of the injuries sustained because of that negligence.

Below we can review the factors that are considered to determine a slip and fall settlement’s value and how that is negotiated between parties. However, each case is unique, and if you’ve suffered a slip and fall injury, you should speak with an attorney to evaluate your case.

What Factors Influence a Slip and Fall Settlement?

The settlement amount in a slip and fall case isn’t a one-size-fits-all number. It hinges on a variety of factors, from the severity of your injuries to the underlying cause of the accident, and even the defendant's insurance coverage. 

The Cause of the Fall

Slip and fall accidents can happen anywhere—on a freshly mopped floor at a store, an icy sidewalk, or a cluttered pathway in a private home. For your case to succeed, you must demonstrate that the property owner failed to take reasonable steps to prevent the accident. 

This means proving negligence, which could involve situations like:

• Not cleaning up liquid spills promptly.
• Failing to fix broken or uneven flooring.
• Ignoring snow or ice buildup on walkways.
• Leaving hazardous objects in pathways.

Property owners have a duty of care to ensure their premises are safe for visitors. If they’re aware—or should reasonably be aware—of a risk and fail to address it or warn you, they may be liable for your injuries.

The Extent of Your Injuries

The severity of your injuries plays a significant role in determining the value of your settlement. While minor scrapes or bruises might not command a large payout, more serious injuries like broken bones, spinal damage, or traumatic brain injuries can lead to substantial settlements.

Key considerations include:

• Medical Expenses: Past, ongoing, and future treatment costs, including surgeries, rehabilitation, and medications, factor into your compensation.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income and diminished earning capacity.
• Pain and Suffering: The physical and emotional toll of your injuries also carries weight in settlement negotiations.

Documentation, such as medical records and expert testimony, will be crucial to demonstrating the impact of your injuries.

Insurance Coverage

The at-fault party’s insurance policy limits can influence the compensation you receive. Businesses often carry higher insurance coverage than private homeowners, which can result in larger settlements.

• High-Coverage Policies: Commercial properties usually have robust liability insurance, which may provide adequate compensation for significant injuries.
• Individual Coverage Limits: In cases involving private homeowners, compensation may be restricted by their policy’s limits.
• Uninsured Defendants: If the at-fault party lacks insurance or substantial assets, recovering damages might be challenging.

Your attorney can help identify alternative avenues for recovery, such as pursuing additional parties who may share liability for the accident.

What Influences the Average Settlement in a Slip and Fall Case?

Slip and fall settlements can vary dramatically based on the specific details of the case, including the circumstances of the accident, the severity of the injuries, and the evidence available to prove negligence. Understanding how these factors interact provides a clearer picture of what to expect from a potential settlement.

Cases Without Proof of Causation

To secure a meaningful settlement, you must establish a direct connection between the property owner’s negligence and your injury. Without this proof, even severe injuries might result in minimal compensation.

For example, imagine a worker falls and breaks their ankle on a seemingly safe surface coated with non-slip materials. There are no spills, debris, or hazards present, and the floor has no history of causing accidents. Without evidence of negligence, the case may not succeed in proving fault.

Settlements in such scenarios are typically modest, often under $10,000, as the absence of negligence undermines the plaintiff’s claim.

Clear Negligence With Minor Injuries

When negligence is evident but injuries are minor, the settlement amount may still be limited. Even with strong evidence, the compensation awarded depends largely on the extent of harm suffered by the victim.

For example, a guest at a barbecue steps on a rotting wooden board and falls through, sustaining minor cuts, bruises, and a mild ankle strain. They recover fully within two weeks and provide photos of the hazard as evidence.

Settlements in cases like this may range from $10,000 to $15,000, reflecting the clear causation but relatively low medical and emotional impact.

Major Injuries With Strong Evidence of Negligence

The highest settlements occur in cases involving severe injuries and compelling evidence of negligence. Property owners and their insurers are more likely to negotiate substantial payouts to avoid prolonged litigation or a potential court loss.

As an example, picture a grocery store that fails to remove ice from its entrance after a snowstorm, despite being aware of the hazard. An older adult slips, suffering a broken hip and a concussion, leading to permanent mobility challenges and ongoing medical needs. Evidence of the icy conditions, combined with the store owner’s inaction, solidifies the plaintiff’s claim.

Settlements in such cases often exceed $50,000. The significant medical expenses, loss of quality of life, and strong evidence of fault justify a higher payout.

Key Factors Affecting Settlement Amounts

1. Proof of Negligence: Cases with compelling evidence of negligence yield higher settlements. Documentation, witness statements, and expert testimony can bolster your claim.
2. Injury Severity: More severe injuries, especially those requiring ongoing care, drive up settlement amounts due to higher medical costs and long-term impacts.
3. Defendant’s Insurance: The policy limits of the responsible party’s insurance play a critical role in determining the maximum potential settlement.

It’s important to note that these examples are purely hypothetical. To know your own case’s value, you should speak to a legal professional. Contact Morgan & Morgan to learn more about your own slip and fall claim.

How Are Slip and Fall Negotiations Handled? Do I Need a Lawyer?

If you’re wondering how slip and fall negotiations are handled and if you need a lawyer, the short answer to both questions is yes—let a lawyer handle it. Having a lawyer on your side during settlement negotiations can significantly improve your chances of receiving a fair outcome. Here’s why:

1. Insurance Companies Have Expertise on Their Side

Insurance companies are profit-driven organizations with vast resources to minimize payouts. They employ skilled defense attorneys who specialize in undercutting claims. Without legal representation, you’re at a distinct disadvantage.

Many insurers might offer settlements that seem reasonable at first glance—perhaps covering only medical bills or lost wages. However, they may ignore broader damages like pain and suffering or mental distress, which could represent a substantial portion of your claim.

2. A Lawyer Ensures You Know the Value of Your Case

One of the biggest risks of negotiating without an attorney is accepting a lowball offer. Defendants or their insurers often aim to resolve claims quickly and cheaply, taking advantage of plaintiffs who may not fully understand the scope of their losses.

A personal injury lawyer will calculate both economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, mental anguish) to ensure you pursue the compensation you’re entitled to.

3. Lawyers Advocate for Maximum Compensation

Slip and fall attorneys typically work on a contingency basis, meaning they are paid only when you win. This structure incentivizes them to maximize your settlement. They’ll fight to recover:

• Economic Damages: Past, current, and future medical expenses, lost wages, and reduced earning capacity.
• Non-Economic Damages: Pain and suffering, mental distress, loss of enjoyment of life, and similar harms.

By evaluating your claim thoroughly, a lawyer ensures no potential source of compensation is overlooked.

4. Legal Knowledge and Negotiation Skills

Attorneys bring extensive knowledge of personal injury laws and negotiation tactics. They can counteract common insurance company strategies, such as:

• Delaying Claims: To pressure you into settling quickly.
• Disputing Liability: Claiming there’s insufficient evidence of negligence.
• Offering “Quick Cash” Settlements: Tempting you to accept less than your case’s true value.

5. Building a Strong Case

An attorney will gather evidence, interview witnesses, and consult experts to strengthen your claim. They can also present your case in court if negotiations fail, demonstrating to the other party that you’re serious about pursuing full compensation.

Frequently Asked Questions

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?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

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.

How Long Will the Negotiations Take?

The duration of the settlement negotiations will depend on the at-fault party's willingness to settle the case. If they are unwilling to settle, the case will likely go to court, prolonging the process. On the other hand, if they are willing to negotiate a reasonable settlement out of court, everything might be settled within a few months.

Should I Accept the Initial Offer From the Insurance Company During the Settlement Negotiations?

The initial offer from the insurance company does not usually reflect the actual value of your claim. Rather, they use it to “test the waters.” In other words, they want to know whether you would accept a lowball offer. This gamble works most of the time, especially when targeting individuals who do not have attorneys fighting for them.

However, this does not necessarily mean that you should automatically reject the initial offer. On the contrary, it means you should know what you are entitled to as compensation for your injuries based on the specifics of your case.

Rejecting the initial offer does not mean the insurance company will return with a better one. In fact, some insurance providers will not agree to offer anything better than the initial offer. Some do this to test your patience; others probably know they will win the case if it goes to court.

The bottom line is that the best way to find out whether the initial offer from the insurance company is worth it is by hiring an experienced attorney. The attorney will review your damages and compare them with the initial offer, then file a counteroffer if necessary.

The counteroffer from your attorney will include the following:

• An overview of the case and the facts
• Applicable laws that hold the at-fault party responsible for your damages
• A description of the injuries and damages you or your loved one sustained due to the at-fault party's actions or inactions
• Proposed settlement amount
• Proof of damages

A Morgan & Morgan slip and fall attorney can advise you on whether a settlement offer is fair and when to fight for more.

Morgan & Morgan Can Help

No slip and fall accident or injury are completely the same. An experienced attorney at Morgan & Morgan can assess your claim, advise you on its value, and negotiate on your behalf to fight for the full and fair compensation you need and deserve to move forward with your life.

For over 35 years, Morgan & Morgan has fought For the People and recovered over $20 billion in compensation in the process. As the nation’s largest personal injury law firm, we have the size, resources, and know-how to negotiate slip and fall settlements. Otherwise, our army of over 1,000 lawyers is prepared to go all the way to court if necessary.

Hiring one of our slip and fall lawyers is easy, and you can get started in minutes with a free case evaluation.