People are used to experiencing many slips, trips, and falls, and these incidents are often seen as minor accidents. Unfortunately, there may be situations wherein such accidents result in severe outcomes like a broken hip, damage to the spinal cord, or damage to brain tissues.
According to research by the Bureau of Labor Statistics, nonfatal fall, slip, and trip incidents severe enough to cause employees to take one or more days off were reported at a rate of 22.6 cases per 10,000 employees in the private sector. For the construction sector, it was higher and estimated to be at 30.0. For construction, it stood at 30.0.
Victims of slip and fall accidents often turn to claims to recover damages. Normally, these victims wonder the amount of settlement they will get.
The exact compensation varies by state but is greatly influenced by the severity of the injury and the quality of medical records, evidence, and documentation presented in support of the claim.
One can have an idea of the value of a lawsuit or damage by looking at average slip-and-fall settlement amounts.
Let’s examine the role that these figures play in terms of showing slip and fall settlement values.
What the Settlement Numbers Actually Show
It is estimated that the majority of the slip-fracture incidents range between $10,000 and $50,000. The majority of people stereotypically cite a medium range, such as 15,000 to 45,000.
The settlement amount can increase if surgery is involved. Knee replacement settlements after a fall can land anywhere around $300,000 to $600,000. When it comes to spinal fractures, permanent disability, or a traumatic brain injury, values can go beyond $750,000 or even push into the millions.
Firms that regularly manage catastrophic injury matters often see slip and fall claims reach those same levels. A sufficiently rough fall can cause severe injury similar to that of a car crash or a workplace accident.
The Factors That Move a Settlement Up or Down
No fixed formula calculates settlement value. Adjusters and attorneys on both sides weigh a combination of elements, some quantifiable and some harder to measure.
Injury Severity and Surgical Intervention
A settlement amount is heavily reliant on the extent of the injury. A slip and fall that leads to a catastrophic injury typically has a higher settlement compared to a slip and fall that resulted in minor bruises and scratches. A catastrophic injury will leave a victim facing lifelong complications.
These injuries result in some kind of permanent disfigurement, disability, or eventual death, according to Tampa catastrophic injury lawyer Ronald Bone. A catastrophic injury victim will often find that they are unable to return to work due to the lasting impacts of their injuries. There are catastrophic injury victims that would need 24/7 care and supervision for the rest of their lives, depending on the severity of their condition.
In case of smaller injuries like strains and soft tissue damages that heal through non-surgical procedures, the settlements will be relatively smaller. Meanwhile, cases of surgery or spine injuries may end up receiving higher compensation. Documentation of the injury using an MRI scan will help increase the settlement.
Evidence and Documentation
The credibility of your evidence plays an important role in determining the amount of compensation that you will receive. Photographs of the risk, video recordings, and witness testimonies will assist in demonstrating the negligence of another party and help build your case.
Comparative Negligence
In states that apply the principle of comparative negligence, your damages will be reduced based on your percentage of fault. Under circumstances of comparative negligence, if a person was distracted, disregarded warnings, wore inappropriate shoes, etc., such claims may be used as evidentiary means to show the fault of a claimant.
Why Premises Liability Cases Are Different from Other Personal Injury Claims
There are slip and fall injuries that take place on other people’s property. In such situations, it is typically the injured person who has to prove that the property owner of the premises where the accident occurred was aware or had reason to know of the danger. It must also be shown that the owner did nothing about the existing hazard or at most made efforts to inform the public of the danger.
The insurance company may try to prove the existence of pre-existing conditions and injuries, so one needs to have proper medical documentation that could support their claim.
The Gap Between First Offers and Fair Value
Often, insurance companies make initial settlement offers that could be substantially lower than the eventual value of the claim.
Many claimants end up receiving larger payouts when they have skilled negotiators and solid proof of their claims. It would be a huge mistake for a claimant to accept an early settlement without having reached maximum medical improvement (MMI).
Timeline and the Decision Between Settlement and Trial
Most slip and fall accidents are usually settled in a period of five to seven months when there is an established case of negligence, but in cases of dispute, the period can extend to 12 to 24 months.
Litigation for cases that go to court can take two to four years, but may yield larger awards if negligence is proven.
The size of settlements varies based on the available evidence, medical records, and established negligence of the property owner.
Taking an early settlement might require the victim to pay their own medical bills in the future.