Slip and fall accidents are one of the most common types of injuries among Americans, especially among older adults. According to recent data from the CDC, every year at least 300,000 older adults injure themselves due to slip and fall accidents.
When it comes to working adults and injuries in the workplace, slip and fall incidents top the list as well. According to the National Floor Safety Institute, falls account for over 8 million emergency room visits yearly, with men more prone to workplace slip and falls than women. With that, it’s unsurprising that slip and falls are the leading cause of claims for workers’ compensation nationwide.
What are slip and fall cases and why should you file one?
Slip and fall accidents can happen anywhere, including work, another person’s property, or in a commercial space like a convention center or shopping center. If your injury was caused by a safety hazard — such as a slippery floor or uneven pavement — that existed because of the negligence of the property owner, you may be able to take legal action.
Not all slip and fall cases are the same, however. Some might be brought on by unintentional recklessness, while others might be undeniable negligence. Either way, if you’ve been harmed because of another individual or entity’s negligence, you may be able to seek legal action to recoup the losses you’ve suffered.
Let’s review the basics of slip and fall cases, how they are resolved, and the settlement amounts claimants can expect. We’ll also go into the details about what type of compensation you can expect to recover if you move forward with a slip and fall lawsuit.
Do slip and fall cases go to trial?
As with any other personal injury lawsuit, slip and fall cases can go to trial. However, most of these lawsuits are settled without ever going to trial. Many times, claims can also reach a settlement even before the lawsuit itself is filed.
Are slip and fall cases hard to win?
The main reason why many slip and fall cases are generally settled before they ever reach a courtroom is that most cases involve a heightened degree of evidence that shows proof of negligence.
Individuals and companies will try to save face and brand reputation by settling a claim as opposed to moving forward with a trial. Many companies might also sway towards settlement as it will be less costly both in time and money.
How many slip and fall cases go to trial?
Legal experts assess that anywhere between 3% to 4% of personal injury cases will actually ever go to trial. The vast majority of slip and fall cases will either reach a settlement through mitigation or via a court judgment summary that ends the case.
Why do most slip and fall cases settle out of court?
Because nearly all slip and fall cases will be settled out of court due to convenience and cost efficiency, many defendants will be quick to agree to a reasonable settlement amount that a plaintiff is willing to pay.
Trials are long and arduous processes that are both time and cost-consuming, not to mention stressful. Additionally, plaintiffs might seek to settle out of court because of the privacy that comes along with it. Settling a lawsuit in court may cause a victim to feel exposed to the community, and may not prove as fruitful as a settlement.
Slip and fall cases settlement amounts
Slip and fall case settlement amounts can range from $10,000 to $50,000. Despite this average, settlement amounts depend on the circumstances of your case. Generally speaking, the more severe your injury and the greater your losses, the higher the amount you can expect in a settlement payout.
Settlement payouts are determined by calculable losses, including non-monetary losses such as pain and suffering, mental anguish, and trauma. According to the victim advocacy group Injury Claim Coach, the best way to calculate a ballpark range for settlement amounts is by adding together the calculable losses and then multiplying that by a number between 1.5 and 3. This will give you a ballpark starting place of what you can expect from a settlement.
What determines the amount of a slip and fall settlement?
So, what exactly determines the amount you can expect to receive following a slip and fall accident? You’ll need to start by calculating your tangible losses, also known as economic damages. These types of losses can include but are not limited to the following:
- Lost wages
- Loss of income
- Medical bills and treatment costs
- Hospital stays
- Loss of property
Losses that are difficult to calculate, typically referred to as non-economic damages, should also be considered as they play a part in your settlement. These types of losses can refer to the following:
- Pain and suffering
- Mental anguish
- Trauma
- Loss of consortium
How long can a slip and fall case take to resolve?
Slip and fall cases can sometimes take months or even years to resolve. Typically, a case will be established after medical care and treatment are completed. This allows a defendant to calculate losses as well as build a strong claim against the defendant.
It’s important to keep in mind, however, that all slip and fall cases are different, and some injuries take longer to heal than others. For example, it might take you a longer time to recover from a fall down the stairs than a fall on a slippery floor.
With that, it is equally important that you seek medical attention immediately after a slip and fall injury. This will begin the process of documentation that will help support any legal claims you bring forward.
Under Florida Statute 95.11, a victim has four years to file a claim regarding a slip and fall accident. After the statute of limitation expires, you may not be able to seek a slip and fall case over your injuries. You should always file a claim as soon as possible to get the compensation you deserve. Working with an experienced personal injury attorney can prove beneficial as you navigate how to file a slip and fall case in Tampa, Florida.
How to win a slip and fall case
Winning a slip and fall case requires you to have adequate evidence that proves that the defendant was negligent in their actions and breached their duty of care to provide a safe facility for visitors. Under premises liability, all property owners have a duty to take reasonable care in providing a safe facility for their visitors and guests.
To win a slip and fall case, you must show that the defendant breached this duty of care, whether intentionally or recklessly, and their breach of duty was the reason you suffered a slip and fall injury.
Providing this proof means you have proper documentation in the form of photos, witness statements, surveillance footage, medical documentation, and other evidence that shows the defendant’s negligence caused a hazard that, in turn, caused your injury.
Lawyers for slip and fall cases
Suffering an injury in a slip and fall accident because of another’s negligence can be painful at best and life-altering at worst. Having an experienced, successful personal injury attorney on your side during this difficult time can take the stress of a lawsuit off your plate so you can focus on healing. At Jack Bernstein, Injury Attorneys, our team is ready to help you fight for the compensation you deserve following a slip and fall injury. Contact our law office today and schedule your free case consultation.
Sources:
Carter, M. (2023). Slip and Fall Settlement Amounts for Different Injuries, with Examples.
Facts About Falls. (2023).
Florida Statute 95.11 (2023).
Slip and Fall Quick Facts. (2022).
What Percentage of Personal Injury Cases go to Trail. (2023).