How Are Slip and Fall Settlements Calculated?

Slip-and-fall accidents can happen in an instant but can leave behind injuries and expenses that can last for years. If your slip-and-fall was caused by someone else’s negligence, you may be entitled to compensation. But how much is your case actually worth?

Settlement amounts for slip and fall claims can vary widely based on the details of each unique case. As personal injury attorneys, we know that many factors determine the potential value of these claims.

In this article, we’ll examine the key elements impacting slip-and-fall settlements. Understanding these factors can help you set reasonable expectations for your own potential settlement.

What Factors Affect the Value of a Slip and Fall Settlement?

The value of a slip-and-fall settlement can vary significantly depending on several key factors. These factors help determine the extent of liability and the amount of damages owed to the victim.

Liability and Negligence

Every personal injury claim starts with a proof of liability based on negligence. Without clear evidence that the property owner acted negligently and directly caused your fall, there is no case.

To demonstrate carelessness in a trip and fall, we must show:

• The owner had a duty to keep the property reasonably safe
• They breached this duty through carelessness
• This breach directly caused your fall and injuries
• You suffered measurable damages as a result

Strong evidence like security footage, eyewitness accounts, and records of unaddressed hazards can help demonstrate negligence. Poorly maintained flooring, lack of warning signs, insufficient lighting, and other dangers caused by the owner’s actions (or lack of action) also bolster these claims.

Georgia follows modified comparative negligence rules. This implies that if you were less than 50% to blame for the accident, you can still be compensated for your losses even if you were partially at fault. An attorney can navigate these nuances to maximize your potential compensation.

Severity of Injuries

The extent of your injuries is directly tied to the value of your claim. Minor scrapes and bruises have little impact on potential settlements. On the other end of the spectrum, permanent disabilities and severe injuries like broken bones or head trauma can result in much higher compensation.

Some of the most serious injuries we see in slip and falls include:

• Traumatic brain injuries
• Spinal cord damage
• Severe fractures and broken bones
• Torn ligaments or ruptured discs
• Concussions
• Internal organ damage

Documenting the full impact of the injuries through medical records is key. Follow all your doctor’s treatment plans, attend physical therapy, and save receipts for every expense related to the accident. This creates a paper trail proving the true cost of your injuries over time.

Damages

Damages refer to the types of losses and expenses incurred by the victim as a result of the accident. In a slip and fall claim, damages can include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.

Medical Expenses

Immediate and ongoing medical bills make up a large portion of most slip and fall settlements. This includes expenses like:

• Ambulance transportation
• Emergency room treatment
• Hospitalization
• Surgeries
• Prescriptions
• Physical therapy
• Medical devices

Save every receipt and have your attorney request a lifetime cost projection for any long-term treatments. This provides evidence of the medical costs resulting from the negligent party’s actions.

The total of your past and estimated future medical expenses directly feeds into the value of your claim. Thorough documentation leaves no room for the insurance company to dispute or minimize this damage category.

Lost Income and Earning Potential

In addition to medical bills, lost income is a major factor in slip and fall settlements. If injuries prevent you from working for any period, you may be entitled to compensation for those lost wages.

The duration of your inability to work, your wages at the time of injury, and your specific career path all impact the value of lost earnings. Keep detailed records so your attorney can seek full compensation for this major category of damages.

Pain and Suffering

Unlike medical bills or lost income, pain and suffering are more subjective categories of damages. But just because pain and suffering can’t be definitively measured in dollars doesn’t mean they have no value.

Physical discomfort, emotional trauma, loss of enjoyment of life, and other effects of an injury all fall under the umbrella of pain and suffering. The more severe and long-lasting the impacts are, the higher this element might increase your potential settlement.

Property Damage

While less common, compensation for property damage is another potential element. This should include replacing damaged items like eyeglasses, phones, clothing, or other personal effects you had with you during the fall.

Punitive Damages

Punitive damages is extra money awarded on top of regular damages. They are meant to punish the defendant for extremely bad behavior and deter similar actions in the future. Punitive damages are ordered by the court when the defendant’s conduct was purposely harmful or showed a careless disregard for others’ safety. They go beyond compensating the victim for their losses.

Steps to Take After a Slip and Fall Accident

To maximize compensation for a slip and fall accident, your next steps are important. We encourage you to:

1. Seek prompt medical attention — Don’t downplay injuries or delay treatment. Prompt care shows the severity and prevents claims of exaggeration.
2. Document the scene —Take photos and video of the hazard and surrounding area. Get contact details of witnesses who can attest to the dangerous condition.
3. Keep detailed records — Save all medical bills, prescriptions, therapy invoices, and other expenses. Track lost wages and income. Document effects on daily living.
4. Consult an attorney — An slip and fall lawyer can immediately investigate liability, estimate damages, negotiate skillfully, and take the case to trial if needed. This greatly improves compensation outcomes.

It’s impossible to apply a universal formula to determine slip and fall settlements. Average payouts for minor injuries may be $10,000 to $50,000, while major injuries like spinal cord damage can be upwards of $100,000.

Every case is different. The best way to understand the potential value is to consult a personal injury attorney for a free case evaluation.

Let Us Help You Get the Settlement You Deserve

At Purely Legal, our award-winning personal injury attorneys have extensive experience representing injury victims.

We have a proven track record of success, with over 100 5-star client reviews. Our lawyers will aggressively pursue the maximum compensation you deserve while you focus on your recovery. Contact us today for a free consultation, or reach out online to get started.