How Much is a Slip-and-Fall Case Worth?

Slip-and-fall accidents are common. People aged 65 and older account for 37 million falls annually, although falls can injure people of all ages. In 2021 alone, falls caused 20% of all accidental deaths and 33% of all accidental injuries. Falls were also one of the most common causes of accidental deaths for people 44 and under from 1981 to 2021. 

Sometimes, falls are accidents, and nobody is to blame. However, you could be injured in a fall caused by someone’s negligence and have a valid reason to seek compensation. Even if you realize you could file a lawsuit, you may wonder if you’ll get enough money to justify legal action. 

Understanding how much compensation you could receive, what affects settlement amounts, and what a slip-and-fall attorney can do for you will help you decide whether to file a lawsuit. 

How much is a slip-and-fall case worth?

Most slip-and-fall settlements are between $15,000 and $45,000; however, several factors could affect the total compensation. 

Suppose you slip on a wet floor at the grocery store. A staff person spilled water on the floor and left for a mop. They didn’t set up a sign to warn customers about the wet floor. Your lawyer can argue their negligence caused your accident and seek economic and non-economic damages.

Suppose you slip on an icy sidewalk. Instead of clearing the sidewalk after a snowstorm, people sprayed water on the sidewalk to make it icy, filmed people slipping and falling and posted videos online. Your lawyer can argue that the people who created the icy sidewalks are guilty of gross negligence, which is grounds for seeking economic, non-economic, and punitive damages. Cases involving punitive damages are typically higher because of the additional damages paid to victims.

Most common types of slip-and-fall accidents

Most slip-and-fall accidents stem from one of the common causes:

• Footwear: Wearing footwear that’s too big or doesn’t have traction can cause slip-and-fall accidents
• Hazardous obstructions: Toys, extension cords, clothes, and other items can cause falls
• Missing handrails: People use handrails on staircases and in the bathroom to maintain their balance. Missing or damaged handrails can cause falls. 
• Poor lighting: Poor lighting prevents people from seeing safety hazards and causes people to trip and fall
• Uneven surfaces: Potholes, uneven sidewalks, area rugs, and sunken subflooring can cause accidental falls
• Wet floors: Floors recently mopped or waxed are safety hazards

Injuries often resulting from a slip-and-fall 

Slip-and-fall accidents often cause the following injury types:

• Broken bones: Bones commonly broken in falls include the arm, wrist, and ankle. It’s also common for fall victims to fracture their clavicle or hip bones.  
• Bruises: Falls often cause bruises that discolor the skin. Bruises may be tender for days, weeks, or months. It’s also possible to bruise your bones, muscles, and organs. 
• Herniated disks: Your spinal cord has disks between the bones that give your spine stability. They also absorb shock and enable you to bend and move. Herniated disks are damaged disks that may need surgery to repair.
• Knee injuries: Slip-and-fall accidents can cause knee injuries. Spraining your knee involves damaging the muscles or tendons. Some knee sprains heal with rest, but some people need their knee secured in a cast or splint to heal. 
• Soft tissue injury: Soft tissue injuries affect your body’s ligaments, muscles, and tendons. After a fall, people can suffer from soft tissue injuries, including whiplash.  
• Spinal cord injuries (SCIs): SCIs can be temporary, but severe SCIs may cause paralysis and affect your ability to control bodily functions. Some people may also become infertile or be unable to engage in sexual activity after suffering an SCI.
• Traumatic brain injuries (TBIs): Head injuries from falls include concussions and permanent brain damage. The location and severity of the TBI determine whether the symptoms are short-term or permanent. 

Factors that affect the case 

Whether you can seek punitive damages affects how much you could receive from a slip-and-fall case. Other factors that affect settlement amounts include the following:

• Type of injury: Some injuries could prevent you from working during your recovery, giving you grounds to seek higher compensation for lost wages
• Number of injuries: You’ll likely have higher medical expenses and a longer recovery period if you have multiple injuries, which could increase your compensation
• Severity of injuries: Victims with severe injuries typically receive more compensation for pain and suffering and expenses stemming from their injuries
• Quality of life impact: A minor wrist sprain could heal in a week or two, limiting its impact on your quality of life. However, if you suffer paralysis from an SCI, your injury could permanently affect your quality of life by preventing you from enjoying preferred activities, affecting your ability to have intimate relationships, or forcing you to change careers. The greater the quality of life impact, the higher the settlement. 
• Who is liable: Slip-and-fall claims are premises liability cases. One factor considered when determining compensation is the at-fault party’s level of responsibility. Public facilities, such as gas stations, hotels, hospitals, schools, and grocery stores, have a greater responsibility to the public than homeowners. Public facilities may also have more insurance coverage, making it possible for them to pay higher settlements. However, suppose you sue your neighbor because they didn’t clear snow off their sidewalk. In that case, their premises liability insurance may offer smaller payouts. The homeowner would have to pay the difference if the judgment amount is greater than the amount their insurance covers. If the homeowner doesn’t have the funds, it could be hard to collect a larger settlement.

Calculating settlements 

Calculating settlements can be challenging. Hiring a slip-and-fall lawyer can ensure insurance companies don’t take advantage of you during settlement negotiations and help you seek the total compensation available.

Related: Premises Liability Resource Links

How insurance companies calculate settlements

Insurance companies want to make money. They profit when they charge more in premiums than they pay in claims. Insurance companies estimate the damages their client could be liable for and offer the minimal amount possible. They typically try to convince victims to accept a low payout right away because the victim is unlikely to know how much compensation they deserve to cover their expenses. 

How personal injury lawyers calculate fair compensation 

When calculating how much compensation to seek, personal injury lawyers consider all eligible grounds for economic and non-economic damages. They ensure you think of all grounds for compensation, including the following:

Economic damages:

• Childcare costs: You can seek compensation for childcare costs if you need to hire someone to look after your children because of your injuries
• Household expenses: You can claim compensation for hiring a housecleaner if you cannot perform household tasks while you recover
• Lost wages: You can seek compensation for wages you didn’t earn because you had to take time off to recover
• Medical expenses: You can seek reimbursement for copays, deductibles, prescription medication costs, and medical expenses not covered by your insurance plan, such as physical therapy
• Transportation costs: You can claim reimbursement if you have to pay someone to drive you to school, work, medical appointments, or other locations if you can’t drive because of your injuries 

Non-economic damages

• Disfigurement: You can seek compensation if you’re disfigured because of your injuries
• Emotional impact: Injury victims may suffer from anxiety, depression, grief, and stress. You can claim compensation for the emotional toll from your injuries. 
• Loss of consortium: You can seek compensation if your injuries prevent intimacy or damage your relationship with your partner
• Loss of enjoyment: You can seek compensation if you can’t enjoy your favorite activities because of your injuries
• Pain and suffering: Pain and suffering includes physical pain from your injuries and how that pain affects your quality of life

How a personal injury lawyer can help you

The team at Bernstein & Maryanoff Injury Attorneys will investigate your Miami, Florida, slip-and-fall case, prepare the legal paperwork, and gather the evidence needed to justify your claim. They’ll help you calculate the amount of damages available to ensure you receive all the compensation you deserve. We’ll negotiate with the insurance company and fight for you to receive the maximum compensation for your slip-and-fall accident injuries. 

Sources:

Common Injuries as We Age. (2023). 

Gross Negligence. (2022). 

Injuries and Violence are Leading Causes of Death. (2023). 

Punitive Damages. (2022). 

Top 10 Preventable Injuries. (2023).