It’s tough to pinpoint an average settlement in a slip and fall accident, since the amount varies considerably depending on the nature and severity of your injuries.
It’s obvious that you can recover more for an amputated limb or traumatic brain injury as compared to whiplash or a broken wrist.
Your monetary recovery is also affected by your time away from work, quality of life, losses based upon personal relationships, and many other factors.
A personal injury lawyer can provide a ballpark figure after reviewing your specific circumstances, but you may find it helpful to review some general information on settlements in a slip and fall claim.
How Damages Work in Slip and Fall Settlements
When you’re hurt due to dangerous conditions on property, the claim you file claim with the owner’s insurance company initiates settlement negotiations.
These discussions typically take place prior to filing a lawsuit, and the conversations offer an opportunity to resolve your claim without litigation. Through your claim, you’re requesting an amount as compensation for your damages. The damages from your slip and fall injuries may include:
- Economic losses, such as medical bills and lost wages; and,
- Non-Economic losses for pain and suffering, loss of companionship, emotional distress, and many other types of damages.
Obviously, for economic damages, you have receipts and invoices showing your costs. Non-economic losses are more subjective and cannot be determined by concrete evidence.
For this reason, some insurance companies will use a multiplier in making a settlement offer. The insurer multiplies your economic damages by a designated amount to arrive at non-economic damages.
The Role of the Insurance Company
There are two sides to settlement negotiations in a slip and fall case. You and the insurer are in opposite corners. While you are seeking to enforce your right to compensation, the claims adjuster is committed to protecting the interests of the insurance company.
As such, you can expect this individual to find reasons to deny your claim or counteroffer a lowball amount for damages. An insurer’s employee may even try to blame the slip and fall accident on you, accusing you of being negligent in causing your own injuries.
Next Steps if Settlement Negotiations Break Down
There may come a point where you reach an impasse with the insurer and settlement isn’t possible. Your case isn’t over, as you can still file a lawsuit in court to recover compensation for your losses. You’ll still present much of the same information you did with your initial claim.
However, the jury makes the decision on your compensation instead of a claims adjuster. For this reason, you may be able to recover a higher amount through litigation. On the downside, the process takes longer.
Contact a Slip and Fall Attorney to Discuss Settlement Amounts
The average slip and fall settlement amount is unique for every claim, but there are certain factors that a personal injury lawyer can review to calculate an approximation. If you’d like to hear more about what to expect when filing a claim, contact a slip and fall attorney to schedule a consultation.