- Slip and fall settlement: The average slip and fall settlement in the United States is between $15,000 and $45,000, however, every case is different, and this average can cover a wide range of scenarios.
- Factors influencing settlements: There are several critical considerations that can affect how much compensation you receive for a slip and fall case, including the severity of your injuries, liability, economic damages, and the insurance policy limits.
- Establish liability: It’s important to establish liability, meaning you have to articulate that the slip and fall was due to the negligence of the responsible party.
- Why Choose Meirowitz & Wasserberg: To get the most out of a slip and fall case, you should hire an experienced personal injury attorney like Meirowitz & Wasserberg, LLP attorneys who can help you build a strong case, estimate the worth of your claim, and negotiate with the insurance companies or in the court system.
If you or your loved one was injured in a slip and fall accident on someone else’s property, such as a restaurant, grocery store, or apartment complex, you might be wondering whether you can sue for compensation and how much your case might be worth.
At Meirowitz & Wasserberg, we are committed to seeking justice for those who have sustained injuries in slip and fall accidents due to a property owner’s negligence. We’re a large national personal injury law firm with physical offices conveniently located in New York City, The Bronx, Florida, New Jersey, and Philadelphia. Call us at 212-897-1988 for a free consultation to learn more about how much you may be able to expect from your slip and fall claim.
Quick Links
- What Is the Average Settlement Amount for Slip and Fall Cases?
- Factors Influencing Slip and Fall Settlement Amounts
- Tips for Maximizing Your Settlement Amount After a Slip and Fall Accident
- Why Choose Meirowitz & Wasserberg for Your Slip and Fall Case
- Schedule a Free Consultation With Our Slip and Fall Attorneys Today
What Is the Average Settlement Amount for Slip and Fall Cases?
The average slip and fall compensation ranges from $10,000 to $50,000 nationally. However, this amount may not reliably predict how much your fall accident compensation is likely to be. Two people in a similar accident may receive different settlement amounts depending on various factors, such as their age, occupation, and the severity of their injuries.
For instance, a Las Vegas woman received $13 million after slipping on a wet substance in the gardening section of a Lowe’s store and suffering a skull fracture. On the other hand, victims who receive lower settlements of around $10,000 tend to have minor injuries or limited evidence of the other party’s liability.
Differences in state laws may also affect the typical slip and fall payouts that victims are likely to receive. For example, some states have a cap or a limit on how much a plaintiff can receive after slip and fall accidents. A premises liability lawyer can help you understand these limitations and how they might affect your claim.
Factors Influencing Slip and Fall Settlement Amounts
Your attorney and insurance companies will consider the following major factors when calculating slip and fall damages:
The Severity of the Injury and Medical Costs Involved
Typically, serious injuries such as brain damage, spinal cord injuries, or multiple fractures are costly to treat. They might also cause a disability, require ongoing care, or have another significant impact on your life. Therefore, the compensation you can get from a slip and fall lawsuit may be higher in these cases. An attorney can review your bills, prescriptions, medical records, and doctors’ reports to determine the total value of your medical costs.
Lost Wages and Impact on Earning Capacity
The amount of compensation you can get for lost wages depends on two main things: how long you must be out of work due to your injury and your earning potential. For instance, a long-term injury victim in their 30s is likely to receive more in lost wages than someone with similar injuries but with only a few years to retire.
Generally, to calculate lost wages, a slip and fall attorney will multiply your pre-fall daily wage by the number of days you’ve missed work due to the injury. This process might be complex, especially if you don’t earn an hourly wage or fixed salary, but an attorney can assess your previous earnings and invoices to determine what you deserve. Other factors that may play a role include potential promotions, pay raises, and pension contributions you can no longer access after your fall.
Pain and Suffering Damages
Pain and suffering damages compensate injury victims for the physical pain and emotional distress they experience after an accident that’s not their fault. Examples of pain and suffering include limitations to your physical capabilities, discomfort, post-traumatic stress disorder (PTSD), physical disfigurement, and the inability to enjoy activities you found pleasurable before the fall.
There are two common ways to calculate this type of compensation:
- The multiplier approach takes the value of your economic damages and multiplies it by a variable ranging from 1.5 to 5. The variable used for your claim depends on the severity of your injury. A lawyer can help determine the right number.
- The per diem method is a daily value assigned to your pain and suffering. This is then multiplied by the total number of days you’ve suffered.
Comparative Negligence and Its Role in Determining Settlements
Comparative negligence is a legal concept that defendants often use to reduce a victim’s settlement amount depending on the plaintiff’s contribution to the accident. This means that if you partially contributed to your slip and fall accident, your total compensation is reduced by your percentage of contribution.
In states that follow pure comparative negligence laws, damages are reduced by your percentage of fault, whether that’s one percent or 99 percent. For instance, if your damages from a slip and fall accident are $100,000 but you were 60 percent responsible, you could recover $40,000.
If your state follows modified comparative negligence laws, damages are reduced as well, but only if you’re 50 percent or less at fault. Injury victims who are more than 50 percent responsible for their damages are barred from receiving compensation. In the above example, you wouldn’t recover compensation in a modified comparative negligence state.
Tips for Maximizing Your Settlement Amount After a Slip and Fall Accident
There are a few actions you can take to maximize your premises liability settlement after a slip and fall accident.
Immediate Steps To Take After a Slip and Fall
When you fall and get hurt on another person’s property, the first step is to seek medical treatment for your injuries. After an accident, the human body produces adrenaline, which can temporarily reduce how much pain you feel in injured areas. So, even if you’re not in pain, it’s important to get an assessment of potential medical issues.
You should also notify the person in charge, such as the store manager or landlord, as soon as you can so they’re aware of the hazard and your injuries. Next, consult with a lawyer on the next steps.
Documentation and Evidence
To secure compensation through a personal injury lawsuit, you will need to prove that it is more likely than not that the defendant was primarily responsible for your injuries and losses. So, if you can do so before you leave the accident scene, document evidence by taking pictures and video footage. Additionally, gather contact information from witnesses, who can later give their account of the events leading up to your injury.
You should also get as much medical evidence as you can. Seeing a doctor and getting medical reports provides your case with the evidence you need to show causation and the accident’s impact on your life.
The Role of a Skilled Attorney in Negotiating Settlements
An experienced slip and fall lawyer from Meirowitz & Wasserberg, LLP understands premises liability laws and how to use them in favor of your case. We can help you build a successful case that maximizes your chances of fair compensation. Specifically, we will:
- Evaluate your case for free
- Gather evidence, such as medical records and expert testimonies
- Calculate the value of your claim
- File a lawsuit and other legal documents for you
- Negotiate with insurance companies, who tend to lowball injury victims — especially those with no legal representation
- Take your case to trial, if necessary
Why Choose Meirowitz & Wasserberg for Your Slip and Fall Case
If you need qualified legal advice for a slip and fall claim, the professionals at Meirowitz & Wasserberg are here for you. When you choose to work with us, we invest our resources and experience in creating a strong case strategy that’s built to win.
Whether you’re suing the city, a property owner, or a large business, Meirowitz & Wasserberg, LLP has all the resources you need to fight against big corporations. During your free consultation, we’ll evaluate your case and explain your legal options. We operate on a contingency fee basis, which means you only pay after we’ve won your case.
Some notable trip and fall settlement case results we’ve obtained include:
- $550,000 for a client whose finger was severed in by a pool lounge chair in a hotel
- $235,000 for a client who suffered a jaw fracture from a slip and fall
Schedule a Free Consultation With Our Slip and Fall Attorneys Today
If you or a loved one was injured in a slip and fall accident on someone’s property, our lawyers can investigate the matter, gather evidence, determine the responsible party, and relentlessly pursue your compensation. Call us today at 212-897-1988 or contact us online for your free initial case review.
