What is the average slip and fall settlement? If you’ve been hurt in a slip and fall accident, such as falling in a store, knowing where to start can help ease the pain of your injury.
While your case may or may not be average, there are still important things to learn by knowing the average slip and fall settlement amount. Your Miami slip and fall attorney can give you a better idea of the exact value of your case depending on the circumstances of the situation.
Average Slip and Fall Settlement
The average slip and fall settlement is between $15,000 and $45,000. Whether your case falls within the average range depends on several factors. If your injuries are relatively minor, your case may be below average.
If you have serious injuries and your case is legally strong, your settlement may be higher than average. However, in most cases, the average slip and fall settlement falls somewhere in the middle.
How Much Is a Slip and Fall Worth?
You get compensation for a fall equal to your monetary losses plus pain and suffering compensation. Your financial losses are all of the direct, out-of-pocket expenses that occur because of the fall. This may include costs related to:
- Medical bills
- Lost wages
- Pain and suffering
The amount of your pain and suffering is proportional to the severity of your injuries. While damages play a role in how much compensation you get for a fall, the strength of your case and comparative fault questions also play a role.
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Slip and Fall out of Court Settlement Amounts
Slip and fall out-of-court settlement amounts vary based on the strength of your case and the severity of your injuries which may require you to seek medical attention. Your settlement should include all of your financial losses, such as:
- Medical expenses
- Travel to medical appointments
- Rehabilitative services
- Prescriptions or medications
- Medical devices such as a wheelchair
- Costs of hiring help at home
- Lost income
The other part of your slip and fall out-of-court settlement is your pain and suffering compensation. When your injuries are severe, your compensation for pain and suffering may be up to several times the amount of your payment for economic losses.
Pain and suffering may include:
- Broken bones
- Cuts and bruises
- Traumatic brain injury
- Bone dislocation
- Muscle sprains
- Spine or nerve damage
- Loss of quality of life
- Loss of companionship
Ultimately, resolving your slip and fall case with an out-of-court settlement is a matter of careful negotiations with the other side. You need to make a strong case while strategically negotiating with the responsible party.
The compensation you get from a court slip and fall settlement is what the other side agrees to pay to resolve the claim. You may resolve the case through formal mediation or informal discussions.
What Should I Do if I Slip and Fall in a Store?
If you slip and fall in a store, it’s essential to take notes and document the details of the fall. After attending to your injury, here are some steps you should take:
- Take pictures and talk to people who witnessed the fall
- Tell the store manager and have them file a report
- Write down everything you remember about the incident
- Collect evidence such as medical bills, accident reports, and photos
- Get a lawyer to help navigate your settlement
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Negotiating an Out of Court Settlement for a Slip and Fall
Typically, a case proceeds through some pre-trial preparation before settlement negotiations begin. While some cases resolve through informal settlement negotiations before you even file a claim, you usually have to start by formally filing a legal claim. The other party usually wants to spend some time gathering and reviewing the evidence in your case. You should also carefully build your case at this time.
When both parties participate in an open discovery process, they become aware of the strengths and weaknesses of the case. You don’t have to share your personal impressions of the case with the other side. They don’t have to give you their honest opinion of the case, either. However, when both sides evaluate the evidence, they have a place to begin negotiations regarding the settlement.
Slip and Fall Settlement Discussions
Slip and fall settlement discussions happen in a variety of ways. The parties may exchange letters or emails that give their position and ask the other side for a particular agreement. These letters are often very detailed, including statements of the facts, laws, and other relevant issues. Informal negotiations can happen at any time. However, they usually begin once the parties have had some time to gather and review the case evidence.
In addition to informal negotiations, slip and fall settlement discussions also occur during formal mediation proceedings. You can agree to participate in mediation, but the court may order you to participate, too. In mediation, you work with people who have been trained in conflict resolution. They guide the parties to have a constructive conversation about resolving the claim. It’s essential to prepare for mediation to have the information that you need at your disposal to make your mediation session productive.
Should I Settle My Slip and Fall Claim?
Whether you should settle your slip and fall claim depends on all of the relevant circumstances present in your case. Where the parties agree on the approximate value of the case, it makes sense to settle your slip and fall claim. You save the expense, stress, and time delays of taking your case to trial. However, there are reasons that it might be in your best interests to take your case to trial. An experienced slip and fall attorney can help you make the best decision for your case.
How Can a Slip and Fall Lawyer Help Me?
There are several ways that a slip and fall lawyer can help you with your settlement:
- Building a strong case
- Establishing contact with the other party and negotiating skillfully
- Advising you on whether to accept a settlement or take your case to trial
- Drafting settlement paperwork
- Ensuring that you collect your judgment promptly
Your attorney assists you with every aspect of your case. They know how to help a slip and fall victim follow the necessary steps to maximize their compensation. If your goal is to win a fair settlement for your slip and fall case, working with a trained attorney is an excellent way to ensure that you do everything to get justice.
Contact Our Miami Slip and Fall Settlement Lawyers
Do you want to know the value of your slip and fall lawsuit? Is your case average? Is it above average? Our Miami slip and fall settlement lawyers can help. Pursuing a settlement is a good way to resolve many slip and fall cases. Our goal is to help you resolve your case quickly and fairly in the manner that’s best for you.
We invite you to meet with our team to talk about your case. Together, we can make a plan to help you get a settlement that is both fair and meets your needs. Contact us today.
About the Author
Jack G. Bernstein, ESQ.
Jack Bernstein is a hard-working and highly motivated personal injury attorney in Miami, Florida with over three decades of experience. He is a strategist and idea person, with a genuine passion for helping his firm’s clients. If you’ve been injured, contact Jack Bernstein today for a free evaluation of your case.