If you slip and fall on someone else’s premises, they might be held liable depending on the cause of the accident. Common causes of slip and fall accidents include wet floors, exposed wires, loose tiles, and uneven floors.
The law requires everyone to keep their property safe from these hazards and protect those who come in and out of it.
When you suffer a slip and fall accident, you need to answer two questions:
- Do I have a slip and fall accident claim?
- How much is my slip and fall lawsuit worth?
So, let’s assume you indeed have a slip and fall claim. Is the possible settlement amount worth it? The answer to this question depends on various factors that we will discuss in depth.
What Is a Slip and Fall Accident?
Slip and fall is a term that refers to different types of accidents that cause someone to fall and suffer injuries. It could be a trip, a slip, or a misstep.
For instance, if you step on a pothole on a poorly maintained walkway and fall, this will be regarded as a slip-and-fall accident.
Slip and fall accidents warrant a claim if it happens due to someone else’s negligence.
If someone spills liquid in a grocery store and you step on it, causing you to fall, the store might be liable for your injuries.
Common causes of slip and fall accidents include:
- Uneven floors
- Wet floors
- Poor lighting
- Loose cables
- Holes
- Debris
- Lack of handrails
- Open cabinet doors
While all these can cause slip-and-fall accidents, not all causes occur due to negligence. So, not every slip-and-fall accident warrants a claim or a lawsuit.
How Do I Know If I Have a Slip and Fall Claim?
If you slip and fall on someone’s property due to the conditions discussed above, you may be entitled to a settlement or have the right to file a personal injury lawsuit. You must be able to prove that someone’s negligence resulted in your accident and injuries.
You need to prove four things to win a slip and fall case:
- Liability: You must prove that the property owner owed you a duty of care.
- Negligence: The defendant did not exercise their duty of care and caused harm to the plaintiff
- Cause: The defendant was responsible for the injuries
- Damages: You incurred expenses as a result of your slip and fall.
In every slip and fall accident, there must be a duty of care that the defendant owed the plaintiff and which they failed to exercise.
The negligence must have then caused the accident and resulted in losses in terms of expenses to the plaintiff. If your case meets all these conditions, then you definitely deserve a settlement.
How Much Is a Slip and Fall Lawsuit Worth?
Now that you have a slip and fall lawsuit, how much is it worth? The settlement amount depends on the monetary damages you suffered, plus additional expenses depending on the pain and suffering caused. You might get a full amount if you have a strong case and your damages are certain.
However, if your case is not strong and there are uncertainties about your damages, this may reduce the settlement amount.
There’s no generalization when it comes to slip and fall claims because every situation is different. The amount depends on the individual situation, the damages incurred, and the strength of the case.
The average settlement amount for slip and fall accidents is usually around $30,000-$75,000. However, you cannot guess the value of a case depending on the outcome of a previous case, even if the circumstances are the same. Most claims fall in the $30,000 range.
Slip and Fall Accident Injuries
Slip and fall injuries can be severe and may take a long recovery period. According to studies, up to one million people end up in the emergency unit due to slip and fall accidents. Most of these injuries cause bone fractures and head injuries, which are some of the most serious injuries anyone can suffer.
Some common slip and fall injuries include:
- Bone fractures
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Soft tissue injuries
- Skin lacerations
While some of these injuries may be mild, others can be severe and require extensive care. For instance, bone fractures require extensive care, and recovery may take a lot of time. Treatment for these injuries is also costly.
If the injuries occur as a result of someone else’s negligence, you should not be the one to pay for the medical expenses.
A successful slip and fall accident claim will ensure you get compensation to cover the medical expenses as well as other damages.
Damages in a Slip and Fall Accident?
Damages in a slip and fall accident refer to the value of your injuries and any other compensation you might receive as a result of the accident. They are categorized into two:
- Economic damages: These are things that are easy to value, such as medical bills, lost wages, and other out-of-pocket expenses incurred.
- Non-economic damages: These are damages that you can’t value in terms of the dollar amount. These include things such as pain and suffering, loss of enjoyment, emotional distress, and more.
To come up with a value, you’ll need to calculate both economic and non-economic damages. The sum will amount to total damages, which the defendant should pay you.
However, the settlement amount will also depend on your share of the blame. If you’re partly to blame, the amount you’ll get as compensation will reduce significantly. In other states, you might not get anything at all if you’re partly to blame for the accident.
Summary
A simple slip-and-fall accident can be life-changing for a person. It’s important that you get the compensation you deserve to help with the expenses and losses incurred as a result of the accident.
However, the amount you’ll get as a settlement depends on several factors, such as the severity of the injuries, the strength of your case, and damages.
Working with an experienced personal injury attorney can help you get the maximum settlement for your claim.
An attorney can let you know if you have a case and actions to take. They can also help you estimate how much your slip and fall settlement is worth before you proceed to make a claim.
