How Much is the “Average” Slip and Fall Claim Worth?
If you were to take all the settlements and awards in slip and fall accidents, add them together, and divide them by the number of slip and fall claims that resolved through settlement negotiations or a verdict, you still wouldn’t have an average slip and fall claim.
Every accident is different, so averages never apply.
Some of the factors that can impact the value of your case include:
- https://www.dolmanlaw.com/insurance-claims-after-slip-and-falls/How much insurance the at-fault party has. Insurance pays nearly all personal injury settlements and awards. While you may file a claim against an uninsured person and even obtain a judgment in your favor, collecting your compensation would likely prove difficult, as most people cannot afford to pay accident expenses out-of-pocket.
- The severity of your injury. More severe injuries often result in an increase in medical expenses and lost wages. More severe injuries also produce a greater likelihood of permanent deficits that can reduce the victim’s earning capacity and often cause more negative impacts to their quality of life.
- How much you were making at the time of the accident. While no life is worth more than another, case values are partially based on financial losses from being too injured to earn an income. It stands to reason, then, that an individual who becomes injured at the peak of his or her career would lose more income than a child who is too young to earn income or a retired person.
- Your patience during settlement negotiations. Individuals who were injured in a slip and fall accident are often anxious to have a resolution in the case, which is entirely understandable. While it is not unusual to receive an early settlement offer from the insurance adjuster, receiving an offer that fairly compensates you for your injuries can take a bit of time. Often, the best offers do not come until just before the case goes to trial or even while you litigate it.
- Having an experienced attorney. A premises liability attorney can seek compensation for your injury, establish a value to your case, determine liability, draft your legal claim, gather evidence, negotiate with the at-fault party’s insurance provider, litigate your case, and collect your settlement or award. These services would likely be very hard to perform on your own.
What Type of Injuries Do Slip and Fall Accidents Cause?
According to the National Floor Safety Institute, slip and fall accidents account for over one million hospital emergency department visits in the U.S. each year, involving some of the most serious injuries a person can experience.
Those injuries can include:
- Bone fractures, especially broken hips. Broken hips are of particular concern to individuals older than 65, as statistics show that only about half of all individuals over 65 suffering this type of injury will ever be able to return home or live independently after the injury. Other commonly broken bones in slip and fall accidents include the elbows and wrists. This is often the result of the body’s instinct to “catch itself” when falling by extending the arms.
- Traumatic brain injuries. Falls are one of the leading causes of this injury, which damages the brain through a jolt to the head or body. The brain is one of the body’s most essential organs, as it controls the functions and involuntary responses of the rest of the body. However, despite its importance, the brain has only a limited ability to heal after injury. This often results in permanent deficits such as memory loss, difficulty with communication, the inability to move in a balanced, coordinated manner, or the inability to control one’s behavior or impulses.
- Spinal cord injuries. Falls are also one of the leading causes of this injury, which damages the spinal cord, a bundle of nerves that extends from the base of the skull to the waist and relays messages between the brain and the rest of the body. Spinal cord injuries often result in paralysis, a loss of sensation and function below the injury. An individual who suffered a spinal cord injury in the cervical (neck) area will generally experience paralysis from the neck down, which is known as quadriplegia or tetraplegia. Those suffering an injury lower on the spinal cord will often lose function and sensation in the lower extremities, a condition known as paraplegia.
- Soft tissue injuries, such as SLAP tears, strains and sprains, and other damage to the muscles, tendons, and cartilage. Jointed areas are at particular risk of injury, including shoulders, elbows, and knees. Severe damage can occur to the knees from twisting or wrenching the joint during a fall.
What is a slip and fall lawsuit worth?
There is no one number. The compensation a victim in a slip and fall accident receives
What is a slip and fall lawsuit worth? There is no one number. The compensation a victim in a slip and fall accident receives depends on the negligence of the party at fault for the accident, the severity and extent of the injuries, and the impact of the injuries upon the victim’s life. It also depends on what it cost to treat the injuries, what it will likely cost in the future, and other economic harm suffered by the victim.
Let’s discuss the factors that constitute the worth—the ultimate amount of compensation—of a slip and fall claim. Read on to learn what a slip-and-fall attorney can do for you today. Contact Sibley Dolman Gipe Accident Injury Lawyers, PA today to discuss YOUR case.
What is a Slip and Fall?
The type of accident colloquially termed a “slip and fall” actually refers to several different types of accidents. One can literally slip and fall. If someone spills a soda at the local supermarket, for example, and the liquid causes you to slip, it’s a classic slip and fall. You can also trip and fall, as you might if the carpet on a hotel’s floor has been inadequately tacked down. Thus, not every fall case is one and the same.
There is also an accident known as a “step and fall,” where a person might step in a hole on inadequately maintained stairs or an unexpected low spot on a dark sidewalk. These are addressed under slip and fall law. Thus, fall cases can relate to slips or trips over a fixed object, fluids, and many other impediments or obstacles.
Premises Liability Law
Slip and fall accidents are a category of premises liability law. A business property owner, under Florida law, has a duty of care to their customers and to the public. The property owner is responsible for seeing that their premises—the places they do business—are safe. There should be no areas where members of the public could be harmed through no fault of their own.
Property owners should maintain their premises in a safe condition. In a store, for example, there should be no spilled liquid. In a hotel, there should be no lumps in the carpet that anyone could trip over. In rental properties, spaces should be well-maintained. There should be no low places where someone could trip on a sidewalk or holes or defective places in stairs where anyone could trip or slip.
Owner of Property Has A Duty to Keep The Area Safe
Thus, a property owner has a duty to keep their premises safe but also to be aware of new present dangers that can result in a fall accident.
However, not all property owners always maintain their premises safely. Store owners and landlords sometimes put off maintenance. Profit is often the biggest motivator and a property owner may opt to cut corners and save costs. If they allow their premises to become unsafe, they have breached the duty of care. The breach in the duty of care means they were negligent in their duties as property owners which contributed to the fall accident.
It is negligence that creates liability for a fall accident that occurs as a result of the breach of duty of care. If an owner can be proved negligent, and that negligence caused an accident which in turn caused you to be injured, you can bring a suit for a slip and fall under premises liability law. An experienced personal injury lawyer has likely dealt with countless fall accidents. This is what makes a fall case so inherently difficult. It is often necessary to retain an expert to demonstrate how the property owner deviated from the standard of care in a fall claim.
Common Causes of Slip and Fall Accidents
The following are some of the most common hazards that property owners can neglect and help cause a slip and fall accident. it is important to remember that just because these conditions may exist on a property and can cause a slip and fall, they do not immediately mean that they are the result of a property owner’s negligence.
- Wet flooring
- Uneven flooring
- Loose power cables
- Poor lighting
- A lack of handrails and similar safety barriers
- Loose carpeting
- Freshly waxed or mopped floors
- Open drawers or cabinet doors that block walkways
Reasonable Person Standard Is Used In A Fall Case
But what if the owner believes the premises are safe? After all, it is not unheard of for landlords, for example, to argue that their basement stairs are completely safe, despite a burned-out lightbulb that makes safe navigation virtually impossible.
The law turns to a reasonable person standard in these cases. The premises can be deemed unsafe under the law if a reasonable person would believe them to be unsafe. Most reasonable people, for instance, could agree that insufficient or no light in a basement makes the stairs unsafe to walk.
What if the premises are unsafe or a dangerous condition is present, but some event or action occurs suddenly makes them unsafe? Couldn’t the business owner argue that they didn’t know the premises were unsafe, because they had been previously?
In that case, the law also turns to a reasonable person standard. A business owner is responsible for fixing and responding to events or actions that make the premises unsafe if a reasonable person knew or should have known they had become unsafe.
Remedial Measures By The Property Owner
Part of the owner’s <ahref=”https://www.law.cornell.edu/wex/duty_of_care” target=”_blank” rel=”noopener nofollow”>duty of care is to fix or remedy the dangerous condition within a reasonable period of time, as well. If someone spills liquid in a grocery store, the manager or employees should clean it up as soon as possible. They can’t wait several hours, because a court is highly unlikely to consider that a reasonable period of time.
In addition, if a premise becomes unsafe, business property owners should clearly mark the affected area as unsafe. They can place cones, hazard tape, or warning signs so that customers can clearly see the unsafe area.
What Type of Injuries Result From a Slip and Fall?
A slip and fall may sound mild as if injuries would always be minimal. They aren’t. Slip and fall injuries can range from bruises incurred from slipping on a wet floor to traumatic brain injuries (TBIs) or spinal cord injuries sustained in a fall down a flight of stairs. Roughly 800,000 people go to the hospital annually because of injuries sustained in a fall, according to the National Safety Council.
Injuries caused by a slip and fall can include:
- Broken bones
- Spinal cord injuries
- Other soft tissue injuries
How Much Are These Slip and Fall Injuries Worth?
The FIVE MOST IMPORTANT FACTORS in determining how much your injuries are worth are:
- The amount of economic damage caused. This is arrived at by calculating, first, the medical bills the person has already incurred. Medical bills include emergency services, treatment at a doctor’s office, hospital, surgeries, prescription medication, physical and rehabilitative therapy, prescription medication, and more. These bills may also include those incurred for expenses related to medical and related care, such as assistive walking devices or retrofitting the home if the person has become unable to walk.
- If the person’s injuries are also likely to need future treatment, an estimate is made of the cost of future treatment. Experts may be called in to testify about the advisable course of treatment and the length and extent of future treatment.
- The monetary value of any wages lost from work due to the injuries are tabulated.
- If the injuries are likely to make the person lose wages from work in the future, or unable to return to work at all, the economic value of their prospective wages is tabulated. This may include estimating future increases in wages that the person would have received had they not been injured, for example.
- The amount of noneconomic damage caused by the injuries is added to the economic damages. Noneconomic damages include pain and suffering from the accident. This is obviously more subjective than either calculating what has already been paid for medical bills or wages lost, and the amount of pain and suffering varies according to injury.
How Do Insurance Carriers Calculate A Slip or trip and Fall Settlement?
Keep in mind, we are going to discuss formulas that some carriers make use of when calculating damages. However, these are not hard and fixed rules. Many insurance carriers will not apply a settlement multiplier. Even the insurance carriers that do, generally factor in the quality of the individual personal injury lawyer or law firm. Furthermore, the insurance company will also factor in the average jury verdicts for similar cases in the same jurisdiction along with the average settlement range on such cases. There are many criteria (too much to mention here) involved in determining what a fall claim or lawsuit will settle for. Cases settle based on the injuries, whether liability can be proven against the owner of said property and the quality of your injury attorney.
Using Multipliers to Calculate Slip and Fall Damages
Because of this, insurers often use a multiplier, usually added to the economic costs. A multiplier is usually a number between 1.5 and 5. While this assessment is also somewhat subjective, the lower figures are applied to injuries that cause less pain and suffering. How is this determined? Well, injuries that can be treated fairly simply, or that heal fairly quickly, are considered to have caused less pain and suffering. A sprained ankle, for example, may receive the lowest multiplier, 1.5. Soft tissue injuries generally result in a much lower fall settlement.
But a catastrophic injury such as a spinal cord injury that has caused paraplegia will likely get the highest multiplier, 5. A catastrophic injury changes someone’s life irrevocably. A paraplegic may be unable to walk again, to engage in the activities of daily life again, or to work at previous occupations again. They may need around-the-clock care for the rest of their lives.
The multiplier for noneconomic damages is added to the actual and forecast economic costs. Let’s say you suffered a sprained ankle. The treatment cost $10,000. The insurance company of the at-fault party determines the multiplier should be 1.5. Your slip and fall is thus worth $10,000 + $15,000 ($10,000 x 1.5), for a total of $25,000.
On the other hand, let’s say a friend of yours suffered a spinal cord injury that left him unable to walk or work at a former occupation. So far, his medical bills have totaled $1 million. Surgeons and doctors concur that future medical costs could total another $1 million. His total wages lost from work are estimated at $1 million. Given the catastrophic nature of this injury, the multiplier assigned is 5. The total damages are thus going to be: $3 million in economic damages + ($3 million x 5 multiplier) = $18 million
To simplify it…
+ $15 million
= $18 million
Do Any Other Factors Affect What My Fall Injury Is Worth?
Other factors may affect what the injury is worth, by affecting the multiplier up or down the scale
Doctors, for example, don’t always agree on the best course of treatment. The costs of one recommendation might be lower or higher than another.
Younger people may receive more compensation than older ones for serious and catastrophic injuries because the harm caused will last for a longer portion of their lives and thus cause more pain and suffering.
At times, an injury may have a greater impact on one individual than it would have on another. What if you are a guitarist in a successful musical group, for example, and your slip and fall injury breaks your arm in such a way that you will never attain the proficiency you had before? In that case, courts might consider that the accident and its injuries have a much more serious impact on your life, prospects, and your livelihood than it would have had on another individual.
What Should I Do if I Slip and Fall?
If you slip and fall, there are FOUR IMPORTANT steps you should take:
- Take pictures. Many people have smartphones, and pictures of the area, what caused the slip and fall, and general conditions of the premises are invaluable evidence. It’s also prudent to take pictures of your injuries. If you don’t have a smartphone, take notes on what happened, what the conditions were, and when it happened. Pictures play a huge role in determining whether the owner of such property is legally responsible for the harms and losses sustained by the injured person.
- Get the contact information of any witnesses. Again, any witness or witnesses can perform a crucial role in demonstrating that the defendant is legally responsible.
- Alert the manager of the premises. You are doing this so that the manager can fix or remedy the situation, primarily. Also, however, a court may question why you didn’t bring the situation to the attention of a manager (or staff, if a manager isn’t available) before leaving the premises.
- Seek medical attention. If you are seriously injured (broken bones, lacerations), ask the manager or a staffer to call an ambulance. If not, go to an emergency room or doctor’s office immediately to be checked out. Do this even if you don’t feel like you sustained injuries. Serious injuries, such as concussions, often aren’t felt by the people who suffer them. Be sure to get complete records of your injuries and what the doctors found. An injured person must demonstrate their injuries and bills for treatment through objective medical documentation. Consistent medical care that complies with a physician’s treatment plan will result in a higher slip, trip and fall settlement
See Your Own Doctor After a Slip and Fall
One cautionary note about telling managers you are injured. In many large business establishments that cater to the public, such as hotels, resorts, and theme parks, there may be doctors or other medical personnel on call to treat people who have slipped and fallen. That might sound great in theory.
But remember that medical personnel who work for these companies may have an incentive to downplay your injuries. After all, if the company is liable, the company may have to pay you for treatment and other damages. The companies themselves very likely see potential injuries as a risk to their profits, and they are likely in the business of managing risk to those profits. They may believe that you are not as injured as you are, but whether they believe it or not, they have a vested interest in minimizing your injuries.
The most prudent course of action is to consult your own doctor or, if you are far from home, an independent doctor or hospital.
If you have further questions about what a slip and fall might be worth, an experienced personal injury attorney can help.
Sibley Dolman Gipe Slip and Fall Accident Attorneys
Sibley Dolman Gipe is a nationally recognized personal injury and civil trial law firm. Our personal injury lawyers have a combined 115 plus years of experience handling slip and fall cases. We have handled over 10,000 personal injury claims and lawsuits. Further, we have handled over 750 fall cases and are experienced in countering the manner in which insurance defense lawyers defense such claims in an effort to award a small fall settlement. We have had a number of cases settle for in excess of $1 million and numerous other lawsuits have resolved north of $500,000.00..
Stanley Gipe is a Florida Board Certified Civil Trial Lawyer who has tried numerous cases up to and through jury verdict. Less than two percent of Florida Bar members are Board Certified in their particular field. Board Certification connotes Stan is an expert in trial practice. We strongly believe that Stan’s experience and prior results lead to higher settlement offers as insurance carriers are well aware that if they fail to make a reasonable offer to a Sibley Dolman Gipe client; they will see us in Court.
Matthew Dolman has served as lead counsel on over 1000 serious and often catastrophic injury lawsuits. He has formerly been selected by his colleagues to Florida Legal Elite (featured in Florida Trend’s magazine) on three occasions and has similarly been voted by his colleagues as a Florida Super Lawyer on multiple occasions. Matthew is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum for obtaining a case resolution in excess of $1 million and $2 million respectively.
Our law firm has the financial resources to go up against any corporate giant. In fact, we have handled lawsuits against Bloomin Brands (Carraba’s and Outback Steakhouse), Walmart, Target, Publix, Cash & Carry, Walt Disney World, Hyatt, Marriott, and every conceivable major auto insurance carrier. Our goal is to level the playing field by retaining the best experts necessary to illustrate the harms and losses you have suffered. To set up a free consultation with Sibley Dolman Gipe you can either fill out a contact form online or call our Clearwater office at (727) 472-3909.
Sibley Dolman Gipe Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765