What Is The Average Settlement for a Slip and Fall Accident?

What is a Slip and Fall Accident?

A slip and fall accident is exactly what it sounds like — someone in an establishment has fallen due to a condition within the business, whether created by an employee or another customer.

For example, an employee who is aware of a spill in a store aisle, but who does not clean it quickly enough, causing a customer to slip and fall, may end up making the business liable for any damages. Employees who are found to have been acting within the scope of their job duties while committing a negligent act have not been let go and continue to work for the company.

Can I File a Claim After a Slip and Fall?

A slip and falls are like most other claims in that who you can file a claim against, and whether you can file one at all is governed by many factors. One of these first and most important factors is time. If the time has run out on a statute of limitations case, there is not much that can be done to try and recover. Statutes of limitations are imposed by law to avoid frivolous claims being brought in courts of law.

Other factors that influence whether you have a claim after a slip and fall are:

• Type of injury. The more severe your injuries are, the higher your expenses. This will affect the amount of recovery you may be entitled to.
• Cause of the accident/injury. Who was at fault for the accident or injury plays a big role in slip and fall claims. For a plaintiff to prevail, they usually must show that the company where the slip and fall occurred knew or had reason to know about the cause of injury and somehow contributed to it.
• Ability to work and/or conduct daily activities with the injury. Your ability to return to work and resume normal operations will be one of the most significant parts of your claim. Often, these measures will be used to try and determine how “injured” you truly are. It may even be used as a reason to cut workers’ comp benefits if the victim is able to return to work “with restrictions.”

How Much Can I Recover For My Slip and Fall Claim?

The value of each claim will differ depending on many factors. In general, the more severe the injuries and suffering, the higher the amount of the potential claim. Juries are typically very sympathetic towards accident victims, especially when the accident is the fault of another. Companies know this and, in order to avoid a jury trial, attempt to settle your claim before trial in order to get you to accept a lower payout than you are entitled to.

With that being said, there are many factors that determine what recovery you are entitled to. These include the severity and nature of your injuries, fault of anyone involved (including yourself), patterns of behavior, whether you require future care, and many others. An experienced personal injury attorney can discuss the possible options with you.

What Can I Expect After a Slip and Fall Accident?

A slip and fall is one type of personal injury claim filed against someone for their fault in your injuries. Victims of personal injuries can recover legal damages for several kinds of expenses related to the medical treatment of personal injury or pursuing a claim. After a slip and fall, the process may become complex and overwhelming, which is why it is essential to be aware of what to expect after a slip and fall.

• Medical treatment. Allow yourself to be treated on the scene if possible, and transported to a hospital if necessary. Schedule a doctor’s visit as soon as possible, and keep up a regular treatment plan according to your doctor’s instructions.

• Attorney consultation. Consulting with an experienced injury lawyer gives many victims the peace of mind that they have someone representing them in front of insurance companies, courts, or defense attorneys, and that someone has their best interest in mind.

• Contact insurance companies and/or defense attorneys. You can expect phone calls and letters from insurance companies or defense teams on behalf of the company. To be safe, talk to your attorney before making any recorded statements or signing any documentation sent to you. Make copies of any correspondence and provide them to your attorney.

When Will I Get My Settlement?

Obtaining a settlement agreement may be one of the most critical parts of settlement negotiations after a slip and fall. Once an agreement is negotiated, reached, and signed, the process of recovery can begin. Unfortunately, as you may have guessed, your settlement check will probably not arrive the next day. After filling out all necessary paperwork, there are some things that may affect how long a settlement check takes to get sent out. These factors are:

• Agreement between all parties. If parties are unable to agree, a negotiation may take longer or may not be reached at all, necessitating going to court.

• The signing of the paperwork. Sometimes, paperwork signing can get delayed, either because a person is out of the office or has gotten busy. Make sure to regularly check the status of documents that are to be signed to ensure there is no undue delay.

• The extent of injuries and the type of injuries suffered. The worse your injuries are, the more damages you are likely to recover, as more severe injuries result in high expenses and more pain and suffering.

• Expenses. After a settlement is reached and your attorney receives a settlement check on your behalf, your attorney will use the proceeds to pay any outstanding bills, such as medical bills or physical therapy expenses. After paying for whatever expenses are required to be paid out of the settlement proceeds, the attorney will then deduct his or her fee and give the remaining money to the client.

If You Had a Slip and Fall Accident, Seek Medical Attention Right Away

A slip and fall incident can cause a wide array of injuries, ranging from minor to debilitating. If you have been involved in a slip and fall accident, your medical treatment needs to be tailored to your injuries and your health history to ensure you get the best result possible. Also, working with physicians who are experienced in treating patients who were injured as a result of a slip and fall accident will make the process much smoother for you.

If you or someone you know has been involved in a slip and fall and needs medical treatment for injuries, give us a call today.

Call 1-800-897-8440 to find an experienced personal injury doctor near you to tailor your treatment to fit your needs and help you get back on your feet.