Everyone falls in their life at some point. One out of every five falls leads to a serious injury as per the CDC. These injuries include broken body parts or head trauma.
That is why knowing about a slip and fall settlement is important to pursue a claim in Florida. Whether you’ve filed a claim already or want to know your options for the future, dig into the following post.
Slip And Fall Settlements With Surgery
A slip and fall settlement depends on the medical treatment you receive. Your compensation amount increases as your treatment gets serious. If you have surgery, your slip and fall settlement will be greater.
Other factors also determine the slip and fall settlement of injuries with surgery such as:
- Future medical bills due to the injury
- Rehabilitation costs
- Hospital stay bills after the surgery
An expert attorney will consider all these costs to help you get a fair slip and fall settlement in Florida.
Slip And Fall Settlements Without Surgery
The slip and fall settlement without surgery may be less than what you would get with a surgical injury. This will mainly depend on the severity of your wounds.
It is not necessarily true that a slip and fall settlement without surgery will always be lower. Non-surgical wounds include broken bones, sprains, and more.
All these injuries come under the premises liability law in Florida. This is why hiring a reliable lawyer is necessary to get slip and fall settlements.
Slip And Fall Settlement Examples
Let’s look at the slip and fall settlement examples to understand them better:
1. Neck Surgery Slip And Fall Settlement
One of the common slip and fall settlement examples is neck injuries. A person may step on a foreign material at a commercial place and fall.
This can lead to them reaching the ER with neck and shoulder injuries. The fall may also hurt their back leading to herniation. Such wounds require a doctor to conduct multiple MRIs.
A surgery for neck and shoulder injuries can get you as much as $650,000 in Florida. The exact slip and fall settlement amount will depend on the type of surgery.
You’ll also have to prove the fault of the property owner if you fall in a commercial place. The severity of the injury and the impact of surgery on your life also play an important role in the amount.
2. Trip And Fall Accident Settlement
A trip and fall accident with shoulder and wrist injuries is highly common in different states. You may be walking into a common room at an apartment and fall because of a rolled-up rug in the doorway.
The rug may have been kept in the way by a staff member of the apartment building. If so, you can pursue a slip and fall settlement claim for compensation.
A fracture of the shoulder and wrists during such incidents leads to surgical intervention. That is why the average slip and fall settlement amount people can get for such injuries is $300,000.
The amount may be less or more, depending on the severity of the fracture. Whether an injury requires surgery or not also affects trip and fall accident settlements.
3. Premises Liability Slip And Fall Settlement
Premises liability cases involve the negligence of property owners. You may fall at a property because the owner may have left spilled water in the hallway for a prolonged time.
Whatever the case, slip and fall injuries are most common in premises liability cases. An example of such an incident involves sitting at a bench in a retail store and the seat collapsing.
Back and hip wounds are most common when a person falls in a sitting position. Typically, such premises liability cases receive a settlement of $250,000 to $900,000.
4. Lumbar Disc Herniation Without Surgery
Every slip and fall settlement doesn’t involve surgery costs. You may fall and herniate your lumbar disc. Such a case may not require surgical intervention.
Lumbar herniation is common when a person slips on stagnant water. For example, you may be walking in a grocery store aisle when you slip due to water accumulation on the floor.
The store may not have warned the customers about the water in that aisle. Most places put a warning cone or seal off an aisle until complete cleaning is done.
If a store has not done that, you can get receive a slip and fall settlement. Such accidents allow you to get a compensation of up to $50,000.
Remember this amount is mainly for cases where no surgery has been done.
5. Hotel Injury Slip And Fall Settlement
Florida is a famous tourist destination that people visit once the weather gets better after summer. This is why hotels are required to offer safety to their guests.
If you slip and fall at a hotel, it comes under the premises liability category. You can slip on an unmarked wet floor and trip because of an improperly placed rug.
People may also fall on a loose stair at a hotel site. The average amount for such settlement varies from the type of case.
Hire an expert personal injury lawyer if you fall at a hotel for compensation.
How Are Slip And Fall Settlements Calculated?
There is no fixed way to calculate a slip and fall settlement. That is because every accident and injury has different determining factors. You may use an online calculator to estimate a compensation amount.
However, such calculators cannot offer an accurate amount because a lot of factors affect average slip and fall amounts. The best way to calculate these values is by hiring a personal injury lawyer.
A lawyer can use their expertise to determine the worth of your injuries. They may also speak to medical experts to understand any future bills you have to pay due to the slip and fall injury.
Once a lawyer considers these things accurately, they can offer you an estimate according to the usual court verdicts. This is why always consult an attorney to avoid settling on a lowball offer.
What Factors Affect Slip And Fall Settlements In Florida?
Many factors affect a slip and fall settlement in Florida. Some may increase the compensation amount you can get, while others may decrease it.
Here are the top factors that affect slip and fall settlements:
1. Liable Party
The party who caused the slip and fall accident plays an important role in achieving a settlement. If you fall at a commercial place due to your own negligence, you cannot hold the property owner liable.
This means you’ll not receive any settlement amount from the owner’s insurance agency. The only coverage you can get is if you have a personal injury insurance policy.
Your agency may investigate the incident and determine whether you can receive expense coverage from them. If the accident conditions don’t meet their policy terms, you’ll have to cover the injuries yourself.
This is why it is important to understand who the liable party is. If the fault is someone else’s, you can sue them for a slip and fall settlement.
In such cases, the other party’s insurance agency will cover your medical expenses, lost wages, and much more. Of course, you’ll have to provide solid evidence to prove the fault.
Hiring a personal injury lawyer would also help you to avoid getting a minimal compensation amount from the insurance agency.
2. Severity Of The Injuries
The types of injuries a person suffers from after slip and fall accidents affect compensation amount significantly. That is because the type will determine the severity of the injuries.
For example, head injuries can vary from minor concussions to full-blown trauma. Minor wounds don’t require you to visit the hospital often. A doctor may also not admit you due to less severity.
Such injuries lead to fewer medical expenses and faster recovery. This means your slip and fall settlement amount will be relatively lower.
Meanwhile, severe injuries that cause a prolonged stay in the hospital increase settlement amounts. So always tell the medical professional to take a picture of your external wounds in slip and fall cases.
You’ll also have to get an expert medical opinion on the severity of your injuries. All these things will form evidence that you can submit to the at-fault party’s insurance agency.
Solid proof will allow you to receive a fair settlement easily and reduce your financial burden.
3. Impact Of Wounds On Quality Of Life
Some slip and fall injuries are temporary, so they don’t affect the quality of life significantly. For instance, a leg sprain will only cause pain for a few days. Once it heals, you can walk and run without any difficulties.
However, a crushing leg injury due to a major fall from the stairs may lead to permanent disability. You may have to walk using crutches for the rest of your life.
The wound may also cause paralysis of the leg or lower back for a long time. This means your quality of life will be reduced because you’ll not be able to perform specific tasks.
Many disabilities affect the earning potential of the victim. That is why you must evaluate the impact an injury will have on your life. This will allow you to calculate an accurate settlement amount.
Be sure to get medical opinions for evidence of how the injury will affect your future life. An expert attorney beside you will also use this information to estimate a fair compensation amount.
4. Emotional Suffering
People believe only economic damages are taken into consideration for average slip and fall settlement amounts. However, that is not true. Non-economic damages are also important factors in such accidents.
The mental trauma you suffer from will be taken into consideration for a settlement amount. For example, some people experience post-traumatic stress disorder (PTSD) after injuries.
These people may have to undergo therapy to overcome the trauma. So they will have to cover therapist bills for recovery. That is why these expenses are considered for settlement amounts.
Depression, anxiety, and other mental health changes are also taken into consideration. Another example of emotional suffering is losing a loved one due to a slip and fall accident.
For example, your partner may fall at a construction site during working hours. The accident may occur due to negligence in the workplace. You may combine a slip and fall claim with wrongful death in such a case.
So always consider your emotional suffering when seeking compensation for slip and fall settlement.
5. Property Damage
Physical injuries are not the only damage you suffer from during slip and fall accidents. You may experience property damage such as a broken mobile phone.
You may also be carrying a fragile package to your apartment when you fall on an unmarked wet floor. The amount of the broken things will be considered in a settlement amount.
Note down your damages on a piece of paper before filing a claim. You may consult an attorney on how you can seek compensation for your personal things in slip and fall cases.
The top thing you must ensure in these incidents is that you weren’t at fault.
6. Type Of Surgery
Many injuries require a victim to receive surgery to improve their quality of life. For instance, falling on a foreign material may cause a shoulder rotator cuff injury.
People with such wounds require surgical treatment to ensure they can use their shoulder again. You’ll have to stay in the hospital for some time before recovery.
Some people also require therapy after major surgeries to use their body parts again. A prime example of such a wound is temporary paralysis of one limb.
People with temporary disabilities have to undergo physical therapy to use their limbs again. This can lead to extensive medical bills that you’ll have to cover through a slip and fall settlement.
7. Out-Of-Pocket Expenses
Victims also suffer from out-of-pocket expenses after slip and fall accidents. For example, you may have to hire a maid to clean your house because that was your duty before the accident.
The payment you give to the cleaning agent will be an out-of-pocket expense. You may also have to hire a babysitter to take care of your kid due to bed rest.
All these are expenses you’ll have to pay out of your pocket. A slip and fall settlement will have to include these payments to ensure you don’t suffer any financial losses.
8. Lost Wages
Another factor that affects the slip and fall settlement amount is lost wages. You may not be able to work for a month because of a lower back injury.
Complications of surgery may also prevent you from working due to a prolonged recovery time. Whatever the case, you’ll be losing out on wages. Your earning potential may also be reduced because of the incident.
That is why lost wages are an important factor for slip and fall settlements. Your hourly earning rate and the max caps of the at-fault party’s insurance provider will determine the coverage you’ll receive.
What Evidence Is Important In Your Case To Get Fair Slip And Fall Settlement In Florida?
The top evidence you must offer in your slip and fall settlement case is proof of fault. You must prove the property owner or their staff member was negligent about the specific cause of the fall.
For example, a building manager may avoid fixing a loose tile due to laziness or other reasons. This loose tile can cause a resident or guest to slip.
So you must offer proof that the manager knew about the danger and didn’t take any measures to eliminate it. Another piece of evidence you must offer is a medical opinion for your injuries.
A medical certificate must prove that the slip and fall incident caused the injury. That is because defense attorneys may argue you were experiencing specific issues before the incident.
FAQs
What Is The Highest Payout For Slip And Fall?
Slip and fall cases with minor injuries help you receive a maximum amount of $50,000. This can rise to more than a million dollars if the injuries are extensive.
How Much Compensation Do You Get For Fall?
You can receive an average compensation of $10,000 to $50,000 for a fall. The amount will depend on the factors affecting slip and fall incidents such as injury severity.
How Long Does It Take To Heal From Slip And Fall?
It can take a few weeks to years to heal from a slip and fall injury. The severity and medical treatment of the wound will determine its recovery time.
How Long Does A Slip And Fall Case Take To Settle In Florida?
It can take about 9 to 12 months to resolve a slip and fall in Florida. The exact time will depend on the other party’s willingness to settle and end the case.
Hire The Best Slip And Fall Accident Lawyers In Florida Today For Fair Compensation
Slip and fall accidents are highly common in Florida and lead to severe injuries in most cases. That is why you must hire an expert attorney to handle your case.
So connect with us today to book a consultation with our personal injury lawyer to start your case.
