If you’ve recently fallen and injured yourself on someone else’s property, you may well be wondering how to calculate a slip and fall settlement.
Slip and fall accidents are often overlooked in terms of their potential to cause harm. Many victims of this type of incident end up with severe injuries, considerable medical bills, and time away from work. In fact, slip and fall accidents are the leading cause of injury and death in those over the age of 65, according to the Centers for Disease Control and Prevention (CDC).
If you‘ve had an accidental fall because of someone else’s negligence, you deserve to be compensated.
While every case is unique, there are a number of common factors that go into calculating the value of a slip and fall settlement.
First, it’s important to clarify what we mean by “settlement.” This is an amount of money both a defendant and a plaintiff agree on as a way to resolve a dispute. So, if you were to file a lawsuit against the party whose property you fell on, and that party agreed to pay a certain sum to cover your medical expenses, lost earnings, and other costs, this would be a settlement.
This is distinct from the outcome of a lawsuit that goes before a judge and jury. The result in a case like this is called a “verdict.”
In practice, not many personal injury cases make it to court; most plaintiffs and defendants agree to settlements as it saves them both time, money, and stress. However, court verdicts have a big role to play in defining the size of settlements. If a plaintiff in a case very similar to yours recently got a verdict of $100,000, you’ll know you should be entitled to something along those lines as well, and your attorney will negotiate with this in mind.
Slip and fall claims can arise from incidents on any property where unsafe conditions lead to injury. They more commonly arise from incidents occurring on public property or business premises than in private residences.
Several factors will play a role in determining the potential value of your settlement. We discuss some of the most common ones in this section.
To secure a settlement in a slip and fall case, you must prove that the property owner or manager of the premises on which you had your accident was negligent. This means showing:
For example, if you slipped on spilled water in a supermarket and the store had ample time to clean it up but didn’t, the store might be found liable.
The more severe your injuries, the greater your potential settlement. Minor bruises might not lead to much compensation, but broken bones, traumatic brain injuries, or spinal damage can significantly increase your claim’s value.
Medical records play a critical role here, as they document the extent of your injuries and their impact on your life.
Your past, present, and future medical costs should be included in the calculation of your settlement.
For severe injuries requiring long-term care, projected future medical costs are often a significant part of the settlement. These are typically much more complicated to agree on than past or ongoing expenses, as it’s impossible to be entirely sure how much your future medical care will cost. This is why it’s important to hire an experienced lawyer who knows how to negotiate aggressively and advocate for your interests.
If your injuries kept you from working, your settlement could include compensation for lost wages. For serious injuries that limit your ability to work for a considerable period of time, settlements may also take lost future earning capacity into account.
As is the case with medical expenses, lost future earnings are much more difficult to calculate. If you’re likely to be out of work for a considerable period because of your accident, you need to prioritize hiring a highly capable lawyer.
Pain and suffering damages account for the emotional and physical toll of your injuries. These damages are much harder to quantify than economic losses like lost wages or medical bills.
There are a number of methods lawyers and insurers can use to calculate pain and suffering damages. One is the multiplier method. This involves picking a number (usually 1.5 to 5) and multiplying it by your economic damages to find your noneconomic damages.
If your economic damages are $65,000 and a multiplier of 3 is applied, your noneconomic damages would be $195,000.
Pennsylvania follows a comparative negligence rule. If you were partially at fault for your accident, your compensation will be reduced by your percentage of fault. For instance, if you’re 25% at fault and your total damages are $100,000, your settlement will be capped at $75,000.
Slip and fall claims are complex. Insurance companies often try to downplay your injuries or argue that you’re partially at fault. Having an experienced personal injury lawyer on your side ensures your rights are protected and your settlement is fair.
Your attorney will help you to:
At The Cochran Firm, we’ve been helping injured Philadelphia residents fight unfair insurance company practices and manipulative defense strategies for years. Contact us today to schedule a free initial case consultation and discuss the best possible next move in your case.
Calculating a slip and fall settlement involves more than crunching numbers—it’s about understanding the nuances of your case and seeking the full amount of compensation you need to get your life back on track. The best way to do this is to hire an experienced personal injury lawyer.
Contact The Cochran Firm in Philadelphia today to schedule a free initial consultation about your case. You can reach us via our online contact form, or over the phone at 800-969-4400.
