Slip and Fall Settlement Amounts
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What Is a Slip and Fall Accident?
Slip and fall accidents occur when a person falls and sustains an injury while on another’s property and can result in a personal injury claim. Slip and fall injuries are common where the flooring of the area is constantly under slick or slippery conditions. These accidents often occur in business establishments such as retail stores, shopping malls, and grocery stores. They may also occur in other settings such as in the workplace or on rental properties.
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What Are Slip and Fall Settlements?
A slip and fall settlement occurs when the parties to the injury claim choose to resolve legal issues without a court decision. Slip and fall settlements may be conducted in connection with a lawsuit based on negligence or premises liability. The final settlement agreement will be approved by the judge and determine how much is owed to the injured party, if anything, and whether further measures need to be taken (such as repairing or cleaning the floors).
More than 95% of personal injury cases settle before making it to trial. Many parties prefer to settle outside of court to limit the risk of losing the lawsuit and to limit the expenses of maintaining the legal claim (court costs and attorney’s fees). Settlements can occur at any point during the lawsuit, even after the claim has been taken to trial.
How Much Can I Recover in a Settlement?
It is difficult to say how much a person can recover in a slip and fall settlement. The amount of recovery is based on different factors, which may be different for each individual case. Settlements in a slip and fall case will depend on:
- The type of injury: More serious injuries will of course result claims for more damages. Less serious injuries or injuries that were pre-existing will result in a lower recovery amount. Medical documentation is often needed to demonstrate the extent of the injuries.
- Effects of the injury: The injured person may be entitled to additional damages from losses incurred from the injury, for example: lost wages (present and/or future), loss of consortium, or pain and suffering.
- Degree of fault: If the injured party is partially or fully to blame for their injuries, their recovery may be reduced or even denied. For example, the victim may have acted recklessly by disregarding warning signs.
- Relationship Between the Parties: Recovery may depend on the relationship between the parties, such as customer-patron, employer-employee, or landlord-tenant. Recovery may also depend on where the accident occurred (i.e., at work vs. at home).
- Insurance Payouts: If the injured party has already received compensation from an outside source such as an insurance company, it may limit their amount of recovery (this may vary by jurisdiction). Also, if the injured party has delayed in filing an insurance claim, it may also lower the recovery amount of the settlement.
Should I Hire a Lawyer for Help with a Slip and Fall Settlement?
Slip and Fall Settlement negotiations can be extremely complicated and require extensive experience with personal injury claims. A competent personal injury lawyer can help insure that you receive a fair settlement offer for your injuries, or if needed, can gather evidence, recruit experts, and advocate you in court if no settlement can be reached.
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Last Modified: 07-27-2017 12:15 PM PDT
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