Slip and fall accidents are among the most common personal injury claims in Florida. They lead to substantial settlements for victims every year. Many victims want to know about the average slip and fall settlement amounts, assuming it will provide insight into their own cases. However, because these incidents are so varied, there isn’t a perfect way to determine an average that would apply to every case.
A mild slip and fall injury could result in a settlement in the tens of thousands of dollars. Meanwhile, a severe injury could result in hundreds of thousands. Many factors go into calculating your particular settlement amount. For this reason, looking for an average won’t give you a good indication of what to expect.
With that said, understanding what goes into a slip and fall settlement can be crucial for making the most of your claim.
How Is My Slip and Fall Settlement Calculated?
There are four key components of calculating your slip and fall settlement:
- Severity of Injuries – The severity of your injuries plays a crucial role in determining your settlement amount. More severe injuries typically resulting in larger settlements. The more severe your injuries are, the more medical treatment you will likely require. Medical expenses are a major driving force of settlement amounts.
- Impact of Injuries – The impact your injuries have on your life is also a significant factor in your settlement. If your injuries lead to long-term disability, chronic pain, or an inability to return to work, your settlement will likely be higher. To support your claim, your attorney will have various experts testify on how your injuries affect your daily life.
- Liable Parties – The parties liable for your injuries can impact your settlement amount, as well. Parties with limited assets or insurance coverage may be unable to pay large sums. For this reason, your attorney must identify if there is more than one liable party. This way, you can file claims against each of them.
- Comparative Fault – Comparative fault is a system that can reduce your settlement amount by your degree of fault in causing the incident that led to your injuries. An experienced attorney will work to minimize your degree of fault, thus maximizing your settlement.
What Damages Are Available in Slip and Fall Claims?
Slip and fall settlements often include compensation for economic and non-economic losses. Economic damages compensate you for your tangible losses, while non-economic damages compensate you for your intangible losses. The most common losses for which you might recover compensation include:
- Medical Expenses – Your medical expenses include the surgeries, hospital stays, treatments, prescriptions, and medical devices needed to treat your injury.
- Lost Wages – Your lost wages include the income you lost while out of work during your recovery. Additionally, you can recover compensation for your loss of earning potential if your injuries affect your ability to work in the future.
- Pain and Suffering – The physical pain and suffering you experienced due to your injury can account for a sizable portion of your compensation.
- Emotional Distress – If your injury left you permanently scarred or disabled, you can seek compensation for emotional distress.
- Loss of Enjoyment of Life – Some injuries leave you with a disability that makes engaging in activities you once enjoyed difficult or impossible. When this happens, you can seek compensation for loss of enjoyment of life.
Who Is Liable for My Slip and Fall Injuries?
Determining liability in a slip and fall case is critical for securing a settlement. Slip and fall cases rely on premises liability, which holds property owners and managers responsible for keeping their property safe from hazards.
Some of the parties who may be liable for your slip and fall injuries include:
- The owner of the property if they are responsible for its upkeep, such as the owner of an apartment building
- The manager of a property if they are responsible for its upkeep, such as a business owner who leases a property for their business
- A third party responsible for the upkeep of the property, such as a landscaping company or a cleaning company
The Role of Comparative Fault in Personal Injury Claims
Comparative fault is a system that reduces a plaintiff’s compensation by their degree of fault. Let’s say you were looking at your phone when you slipped on a wet floor. In this example, you may be 25 percent at fault since you weren’t looking where you were going. That means you could only recover compensation for 75 percent of your damages.
Additionally, Florida follows a modified form of comparative fault. This system bars plaintiffs from receiving compensation if they were greater than 50 percent at fault. For this reason, having an experienced attorney on your side who can protect your rights is essential.
How an Attorney Can Make the Most of Your Settlement
Some of the ways a slip and fall injury attorney can assist you with your case include:
- Gathering Supporting Evidence – You need plenty of supporting evidence to receive a fair settlement offer for your injuries. Your Florida premises liability attorney will gather medical records, photographs of your injury and the accident scene, witness statements, and expert testimony.
- Calculating Your Damages – Your attorney will provide a valuation of your damages based on the severity of your injuries and their impact on your life.
- Negotiating with the Insurance Company – Your attorney will work to negotiate a fair settlement and make sure they don’t give you lowball offers.
- Representing You in Court – If the insurance company refuses to settle your case for an agreeable price, your attorney will represent you in court and seek the maximum compensation.
Contact an Experienced Florida Slip and Fall Injury Attorney
If you suffered an injury after slipping and falling in Florida, understanding what goes into a slip and fall settlement is crucial for your case. An experienced personal injury attorney can manage your legal process. They’ll calculate your damages and seek the compensation you deserve for your injuries.
Contact Jurewitz Law Group Injury & Accident Lawyers at (619) 233-5020 for a free consultation with one of our slip and fall lawyers. We’ll review your case, explain your legal options, and provide an initial estimate of what your case could be worth.
