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Typical Slip and Fall Settlement in 2024

The typical settlement amount for a slip and fall case can vary widely depending on various factors such as the severity of the injuries, the impact on the victim’s life, the degree of negligence on the part of the property owner, and the jurisdiction where the case is being litigated.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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What is a Slip and Fall Accident?

According to Friedman & Simon, a slip and fall incident happens when someone loses their footing or trips, resulting in a fall [1]. This type of accident typically involves a factor that contributed to the fall, like a slippery surface or poor lighting. Falls can occur on the same level, from one level to another, or even down multiple levels, such as stairs.

Slip and fall accidents are a common source of injury in the United States. They can occur in public and private spaces, including driveways and sidewalks, parks, schools, places of business, offices, construction sites, nursing homes, and elsewhere - Stated Simon.

Common Causes of Slip and Fall Accidents

Some factors that can lead to a slip and fall accident include surface conditions such as:

  • Wet floors
  • Loose floorboards
  • Unstable or raised carpeting
  • Unsecured mats or rugs
  • Spills of food or liquids
  • Cracks or potholes
  • Uneven flooring or sidewalks
  • Exposed wiring or other tripping hazards

According to Ben Crump, slip and falls can also happen because of inadequate lighting, missing handrails, broken steps on a staircase, and a multitude of other reasons. To have a slip and fall case, you must prove someone else’s negligence caused your injuries [2].

What Do I Need to Prove a Slip and Fall Case?

According to Adam S. Kutner, to establish liability in a slip and fall case, you must demonstrate that someone else is responsible for your accident [3]. This doesn't imply malicious intent; rather, it means that their actions or negligence led to the circumstances that caused your injury, creating an unreasonable risk of harm to others. Fault in this context doesn't require intentional harm but rather the failure to take reasonable precautions to prevent accidents.

Proving a slip and fall typically involves two approaches. First, you can show that the property owner created a hazardous condition that led to your fall, and it was foreseeable that someone could be injured as a result. Alternatively, you can establish liability by demonstrating that the property owner should have been aware of the danger and taken measures to address it before your accident occurred.

How is a Slip and Fall Settlement Calculated?

Determining the amount of a slip and fall settlement involves considering various factors, including:

  • The long-term effects of the injuries sustained in the fall
  • The insurance coverage and assets of the responsible party
  • The actions of the responsible party leading up to and following the incident
  • Whether the injured party bears any responsibility for the fall

Slip and Fall Accident Statistics

  1. As stated by Adam S. Kutner, over one million individuals visit the emergency room annually due to slip and fall accidents, totaling more than 2,000 people daily in the United States [4]. Approximately eight million emergency room visits yearly are due to falls, with around 12% attributed to slip and fall incidents.
  2. According to the Centers for Disease Control and Prevention, the average hospital cost of a slip and fall is more than $30,000. Another source says that snow-related slip and fall accidents cost between $33,000 and $48,000 on average. These costs not only devastate families, but they raise insurance costs that impact our entire society.
  3. About five percent of slip and falls result in broken bones, with severe injuries occurring in 20-30% of cases. Fractures can cause significant pain, prolong recovery time, and lead to emotional distress, warranting compensation for pain and suffering in addition to medical expenses.
  4. Approximately one-third of adults aged 65 and older experience a fall each year, with slip and falls being the primary cause of injuries for individuals over 55. Moreover, over 60% of nursing home residents suffer falls annually, highlighting the increased risk and severity of slip and fall accidents in older adults.
  5. Slip and falls are a leading cause of injury across all age groups, except for individuals aged 10-24, where it is the second most common cause of non-fatal injuries. This underscores the importance of preventive measures for slip and fall accidents across all age demographics.
  6. Falls are the leading cause of brain injuries, surpassing even organized sports. Brain injuries from falls can have long-lasting effects, emphasizing the need for prompt recognition, diagnosis, and treatment.
  7. Falls account for 95% of hip fractures, often necessitating invasive surgery and leading to significant pain, limited mobility, and lifestyle changes.
  8. Slip and fall injuries result in over $34 billion in medical bills annually, contributing to financial hardship and making medical bills a leading cause of bankruptcy.
  9. Victims of slip and fall accidents miss an average of 11 days of work, impacting work productivity and potentially leading to substantial income loss. In severe cases, the duration of missed work can be even longer.
  10. Only two percent of slip and fall cases go to a jury trial, alleviating concerns about formal courtroom testimony for many individuals considering a personal injury claim. Most cases are resolved through settlement negotiations, where the injured party has some control over the outcome.

FAQs

What types of injuries are common in slip and fall accidents?

Common injuries in slip and fall accidents include fractures, sprains, head injuries, back injuries, and soft tissue damage. These injuries can range from minor to severe, requiring extensive medical treatment and rehabilitation.

How long does it typically take to settle a slip and fall case?

The time it takes to settle a slip and fall case varies, typically ranging from a few months to several years. Factors such as the complexity of the case, the severity of injuries, and the willingness of parties to negotiate can affect the timeline.

Can I still receive a settlement if I was partially at fault for the slip and fall?

Yes, you can still receive a settlement if you were partially at fault for the slip and fall. Most states follow comparative negligence laws, which reduce the settlement amount based on your percentage of fault.

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References:

1. https://www.friedmansimon.com/faqs/what-is-a-slip-and-fall-accident/
2. https://bencrump.com/slip-and-fall-lawyer/what-are-the-most-common-causes-of-slip-and-falls/
3. https://www.askadamskutner.com/slip-and-fall/what-you-need-to-prove-to-win-a-slip-fall-case/
4. https://www.askadamskutner.com/slip-and-fall/10-facts-statistics-slip-fall-accidents/