The average slip-and-fall settlement in California ranges from $15,000 to $50,000. However, your compensation will vary depending on the complexity of your claim and how severe your injuries are.
There are several factors to consider when calculating a slip-and-fall settlement. However, before pursuing a claim, you must establish and prove who is liable for the accident. Here’s how you can justify the responsible party for the slip and fall and compute the average payout for a slip and fall injury.
What Is A Slip and Fall Accident?
Slip and fall occur when you unintentionally slip on someone else’s property. In such cases, you may file a claim for a slip-and-fall settlement from the incident.
However, you must prove that the owner or lessor of the property’s negligence caused your accident. Generally, a slip and fall accident claim can be established under these circumstances:
- The owner has the control and responsibility to maintain the property.
- They rented the property with hazards without disclosing these to the lessee.
- The leasing agreement states that the owner is accountable for specific repair and maintenance work that has not been completed.
Where Do Slip and Fall Accidents Usually Happen?
Slips and falls can happen anywhere. However, the important note to remember is that you may only file a claim if someone else is responsible for maintaining the property. This can be in a grocery store, a parking lot, or an apartment building where you rent.
Slips and falls can also occur in your workplace. In 2020, there were 805 deaths and 211,640 fatal injuries from slip and fall accidents.
How Severe Is a Slip and Fall Accident?
While most can survive a slip-and-fall accident, one in every five falls results in a significant injury. These fatal injuries include the following:
- broken bones,
- head injuries,
- spinal cord injuries,
- lacerations and abrasions.
Additionally, slips and falls are common at home and in the workplace. In 2020, 42,114 slip and fall fatalities happened at home and work.
Who Is Liable For My Slip and Fall Accident?
Slip and fall accidents may occur in dilapidated and unmaintained properties. Unfortunately, this can cause minor to severe injuries. In most cases, you may file a claim and receive compensation from the at-fault party if your damages were due to their negligence. However, you must prove that their wrongdoing caused the accident before filing a claim.
Several parties can be held responsible for a slip-and-fall accident, including:
The Property Owner
Property owners are responsible for maintaining their properties to protect their visitors or clients from danger. They may be held accountable for a slip and fall accident if they fail to:
- Manage their property by fixing defects or hazards such as:
- wet floors,
- broken tiles,
- defective staircases and handrails,
- poor lighting,
- torn rugs, and others.
- Provide a warning if there are hazardous conditions on the property, or
- Remind their employees (if the location is a commercial establishment) to keep their property safe from hazards in bad weather conditions or other incidents. For instance, a customer dropped a jam, causing a slippery surface. The employees didn’t clear the area until another customer arrived and fell on the same surface due to the slippery floor.
The Lessee of a Property
In some cases, the lessee of a property may be liable for the slip and fall accident if they had an agreement with the lessor about their duty to take care of the leased property. If the property owner should shoulder the hazardous condition, the tenant must notify them of the defects.
On the other hand, the landlord can be responsible if they were informed of the defects or hazardous conditions and failed to solve the issue. In such cases, you must prove that either party was negligent, causing the accident. While this may seem overwhelming, slip-and-fall accident attorneys can help examine the situation and establish who is responsible for the incident.
The Local Government
If you experience a slip and fall accident on a public road that the local government should manage, they are liable for your injuries. Some hazards on a public walkway and road are:
- Potholes in parking lots,
- Uneven walkways,
- Cracked pavements,
- Loose dirt, and others.
Filing a claim against a local government may be challenging, especially since you have to pursue and defend a case within six months of the accident. This is why your best bet is to hire slip-and-fall accident attorneys who can identify and gather evidence to prove that the local government is responsible for your accident and provide a fair slip and fall settlement.
There are other factors to consider when filing a slip and fall accident claim. Sometimes, you may be partially at fault for the incident, especially if you were aware of the hazards. This is why it is essential to contact slip and fall attorneys who will investigate and defend your case.
How to Calculate a Slip and Fall Settlement
When computing an average payout for a slip and fall injury, you must consider all possible factors to include in your settlement. Usually, these three factors make up a fair compensation amount:
Economic damages are the monetary losses due to the injuries you incurred from the slip and fall accident. This type of damage includes:
- medical expenses,
- medical equipment or aid,
- health personnel (if necessary),
- future treatments and rehabilitations if your injuries persist,
- property damages (for instance, you broke your phone when the slip happened),
- lost wages,
- future loss of income, and
- out-of-pocket expenses related to the accident.
These are some of the economic damages you may add to your settlement. Slip and fall accident attorneys must keep track of these expenses to help maximize your payout.
Non-economic damages are intangible losses, such as emotional distress from the slip and fall incident. This includes the following:
- Pain and suffering,
- Emotional distress,
- Post-traumatic Stress Disorder,
- Diminished quality of life, and others.
How are these computed? While it may seem difficult to include, slip and fall attorneys have the knowledge and experience necessary to calculate fair slip and fall settlements, which should include all types of damages, including non-economic.
Suppose your lawyer decides to proceed with a trial, and the jury finds your case an extreme and complicated claim. In that case, you may be entitled to punitive damages. That is, an additional cost award imposed by the judge to punish the party liable for the accident.
However, you should know that this type of damage is case-to-case. Slip and fall attorneys will see if they can go for punitive damages depending on the severity of your claim.Get Expert Advice Today
How Can I Maximize My Slip and Fall Settlement?
When you want to maximize your slip-and-fall settlement, you will need a lawyer to help you. Why? Slip and fall accident attorneys have the expertise to examine your accident and make the most of your situation.
Like any other personal injury case, your slip and fall accident claim may face several challenges that may hinder you from receiving the maximum compensation you deserve, such as:
- You have limited evidence to support your claim.
- You are partially responsible for the incident.
- You have limited knowledge in dealing with slip and fall accidents.
- The insurance company may refute your claim by insisting that your injuries are not from the slip and fall accident.
You may face some hurdles when dealing with a personal injury claim. With the help of a legal expert, you will counter these arguments and receive a fair slip-and-fall settlement. The Law Offices of Larry H. Parker has competent slip-and-fall accident attorneys who can investigate your case, calculate the total damages, and defend your claim. Contact us at 866-311-2457 or schedule a free legal consultation. We want to talk to you today!