How Are Slip and Fall Settlements Calculated?

How Are Slip and Fall Settlements Calculated?

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How Are Slip and Fall Settlements Calculated?

A significant slip and fall injury can impact your life in several ways, including physically, emotionally, and financially. However, if you or a loved one suffered harm due to a property owner’s carelessness, you could be entitled to compensation, such as lost income, medical costs, and more.

Knowing how slip and fall settlements are calculated can be critical for preventing an insurance company or at-fault party from shortchanging you. Working with a slip and fall lawyer to determine your claim’s worth can give you the best chance of recovering what you deserve.

Morgan & Morgan’s experienced and motivated slip and fall attorneys are ready to assess your case, determine the value of your slip and fall claim, and move forward on your behalf. Get started now and contact us for a free case review.

Calculating Slip and Fall Settlements

Slip and fall accidents happen frequently. However, some falls can result in severe injuries and damages for victims and their families. In such cases, it is vital to determine who is at fault and how much compensation you deserve. However, calculating a slip and fall settlement can be challenging and will be based on your claim’s unique factors. Here's what you need to know about calculating slip and fall settlements.

Who Is Liable?

The first step in calculating a settlement is determining who is responsible for your fall and liable for your damages. In a slip and fall, a property owner or lessee could be at-fault if they let a hazardous condition persist on their property, and this hazard caused your fall. However, since several parties could be responsible for your fall, consulting with a slip and fall lawyer can be crucial for determining liability.

Medical Expenses

One of the main factors determining the amount of a slip and fall settlement is the victim's medical expenses, which include all costs associated with treating the fall injuries, such as:

  • Hospitalization
  • Surgery
  • Medication
  • Rehabilitation

Your slip and fall lawyer can carefully review your medical bills and records to determine an adequate compensation amount for your accident. They will also consider any future medical expenses you are likely to incur.

Lost Wages

If you suffered significant slip and fall injuries, you probably missed work. Any lost wages must be factored into the settlement calculation. Compensation should include all income and benefits the victim lost while recovering from their injuries. Importantly, you may also qualify for estimated future loss of wages if you cannot return to work.

Pain and Suffering

Many slip and fall victims with injuries qualify for awards for pain and suffering to compensate them for the physical and emotional distress due to the slip and fall. Pain and suffering damages can be tricky to calculate and can depend on:

  • The severity of the victim’s injuries
  • The length of recovery
  • The impact of the injuries on the victim's career and home life.

Property Damage

In some slip and fall accidents, the victim's personal property may also be damaged or destroyed. For example, if you slip and fall and damage your phone, watch, or clothes, the cost of replacing or repairing such items should be included in the settlement.

Comparative Negligence

In some states, comparative negligence reduces your slip and fall compensation if you are partially at fault for the accident. The settlement amount is generally reduced by the percentage of fault assigned to the victim. For example, if the court determines you are 20 percent at fault, you would only be able to recover 80 percent of your damages.

Having an experienced slip and fall lawyer by your side can be essential if you have some responsibility for your fall, as the other side may try to assign you a higher degree of fault to avoid a large payout.

Insurance Coverage

Slip and fall settlements can also be affected by the available insurance coverage. For instance, if the property owner or responsible party has liability insurance, the insurance company should cover some or all of the settlement amount. However, if there is insufficient coverage to compensate you, you may have to go after the at-fault party directly and sue them to pursue fair compensation.

Many Factors Determine the Worth of a Settlement

As we have seen, calculating a fair slip and fall settlement requires careful consideration of several factors. If you have been involved in a slip and fall accident, working with an experienced slip and fall lawyer can be essential for receiving adequate compensation. Morgan & Morgan can help you understand your legal rights, calculate the worth of your case, and pursue maximum potential compensation on your behalf.

Compensation for Common Slip and Fall Injuries

The value of your slip and fall settlement primarily depends on the type of injury you suffered in the fall. For example, compensation can vary drastically between those with minor injuries and victims who suffered permanently disabling injuries with a severely detrimental impact on their lives. Common slip and fall injuries include but are not limited to:

  • Traumatic brain injury (TBI)
  • Hip fractures
  • Spinal cord damage
  • Herniated discs and other back injuries
  • Soft tissue damage, such as tears, sprains, ad strains

According to the Centers for Disease Control and Prevention (CDC), 800,000 individuals are hospitalized annually after severe falls, typically due to hip fractures and head injuries. Significant injuries in slips and falls can result in astronomical current and future medical and rehabilitation costs. If someone else caused your fall, they should pay for your damages. Let Morgan & Morgan’s tenacious slip and fall lawyers help you get justice and compensation.

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FAQ

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  • What Is a Slip and Fall Claim?

    A slip and fall claim can arise when an individual suffers an injury due to a hazard on another’s property. Property and business owners must keep their premises well-maintained and free of dangerous conditions that could cause harm to visitors. A property owner may be responsible for your damages if they knew or should have known of a hazard on the premises and failed to act.

    Locations of Slips and Falls

    Slips and falls can occur on public and private premises, including but not limited to:

    • Grocery stores
    • Restaurants and bars
    • Construction sites
    • Government offices
    • Hotels
    • Shopping malls
    • Hospitals
    • Nursing homes
    • Parking garages

    Common Causes of Slip and Fall Claims

    Falls can occur due to numerous reasons, including inattention and ill-fitting footwear. However, to have a claim against a property or business owner, the fall must have occurred due to a hazardous condition, such as:

    • Slippery floor surfaces
    • Cluttered walkways
    • Debris on floors
    • Missing steps or handrails
    • Lack of lighting
    • Potholes or cracks in sidewalks
    • Bulging carpets
    • Loose or broken floorboards
    • Ice or snow accumulations

    A slip and fall lawyer at Morgan & Morgan can assess whether your accident qualifies for a slip and fall claim and help you get justice and compensation.

  • What Is the Average Slip and Fall Settlement Amount?

    Since every slip and fall claim is unique, there is no average settlement amount. What you can receive will depend on your injuries and your case’s facts. However, to give you an idea of what you could recover, here are some slip and fall settlements we secured for our clients in 2022:

    • $5.58 million settlement for an Orlando client who fractured bones in a slip and fall
    • $5.3 million settlement for a client suffering arm and leg injuries in Tampa
    • $2.21 million verdict for a Tampa client who hurt their arm in a slip and fall

    Not all law firms are the same. Getting the slip and fall compensation you deserve can be challenging without a tenacious lawyer by your side. Some attorneys accept an insurance company’s last best offer even if the value of their client’s case is higher because they shy away from going to court.

    Don’t let that happen to you. Morgan & Morgan never settles for less, and our attorneys go the extra mile in fighting for what you deserve, even if it means taking your case to trial.

  • How Do You Calculate Pain and Suffering for a Slip and Fall Settlement?

    You could receive pain and suffering damages if you suffered significant injuries and experienced physical and emotional distress due to a slip and fall. However, unlike determining medical expenses or income losses, calculating pain and suffering damages can be a complex process. To determine a settlement amount, your slip and fall lawyer will typically consider a range of factors, including but not limited to:

    • The nature and severity of your injury
    • The type of medical treatments required
    • The length of recovery
    • The impact the injury has had on your overall life

    They may also consider your age, occupation, and overall health.

    The Multiplier Method

    Many attorneys use the multiplier method to calculate pain and suffering damages, which involves multiplying your financial losses, such as medical expenses and lost wages, by a specific factor. The multiplier factor generally depends on the severity of your injuries and can range from one to five or more.

    However, the pain and suffering damages you receive can also depend on the experience of your slip and fall lawyer and the strength of your evidence, among other factors. Consider hiring an experienced and tenacious slip and fall attorney at Morgan & Morgan to give yourself the best chance of recovering the compensation you truly deserve.

  • Do I Qualify for a Settlement if My Slip and Fall Occurred at Work?

    If you suffer a slip and fall accident at work, you could receive compensation through workers' compensation and, potentially, with a personal injury lawsuit. Workers' compensation provides benefits to employees who are injured on the job, such as payments for:

    • Medical expenses
    • Lost wages
    • Disability

    However, workers' compensation benefits are typically limited, and employees cannot receive compensation for pain and suffering, loss of life quality, and other non-economic damages.

    In some cases, employees may be able to file a personal injury lawsuit for a slip and fall injury and receive additional compensation. For example, you could hold a negligent third party, such as a subcontractor or property owner, accountable for your injuries. However, most employees cannot sue their employer except in rare circumstances, such as gross negligence or recklessness.

    Since filing a lawsuit for a work injury can be a complex process, consider speaking to a Morgan & Morgan slip and fall lawyer who can help you determine your next best steps.

  • When Should I File My Slip and Fall Lawsuit?

    Knowing your state’s statute of limitations is essential, as it determines the time you have available for filing a personal injury lawsuit and seeking compensation. Filing too late could result in having your case thrown out by the court. While most states give victims around two years to file a lawsuit, the deadline can be as short as one year in some states.

    Since you might have to act quickly after getting hurt, consider speaking to a seasoned slip and fall lawyer who can advise you and determine the best possible timing of your lawsuit. 

  • Morgan & Morgan Fights for Maximum Slip and Fall Compensation

    Morgan & Morgan knows that a severe slip and fall can impact every aspect of your life at work and home. We hear the concerns and worries of injured victims every day and know what you are going through. Over the years, our dedicated slip and fall lawyers have helped thousands of injured clients receive the slip and fall settlements they deserved and needed to get their lives back on track. We could fight for your rights too.

    Let us help you get justice. You don’t pay a dime until we win and recover damages for you. Contact us for a free consultation and get America’s largest personal injury firm on your side today.

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