What is the Average Settlement in a Slip and Fall Claim?

Out-of-Court Settlements for Slip and Fall Injuries

The vast majority of slip and fall injury cases are resolved with a negotiated settlement. Typically, the injured party accepts an agreed-upon amount of financial compensation in exchange for either promising not to sue or agreeing to dismiss any pending legal action. Virtually all of these negotiations are confidential, which is unfortunate for anyone curious about the average value of these settlements.

Settlements in slip and fall accidents usually involve a written release that often prohibits either party from publicly disclosing the specifics of a settlement. For that reason, there is very little public data about the outcome of prior slip and fall injury lawsuits.

The good news for anyone considering legal action after a slip and fall claim is that it could be possible to recover the compensation you deserve despite the lack of information regarding average settlements. One of the roles of your attorney will be to carefully review your case and determine the total value of your damages.

By carefully calculating the amount it will take to make you whole, you could increase your chances of getting a fair monetary award.

Factors That Determine the Value of a Slip and Fall Case

Talk to a Glen Oaks Personal Injury attorney about your case to understand liability, how your actions might have influenced the outcome, your insurance coverage, the impact of your physical injury on your mental health and emotions, and so on. When assigning a monetary value to a claim, your attorney will help you calculate all economic and non-economic damages you might pursue. There are numerous factors that could increase or decrease the potential value of your injury claim or lawsuit following a slip and fall accident.

Some of these factors include:

The Severity of Your Injuries

It should come as no surprise that the severity of your injuries will play a major role in the monetary value of your case. Serious injuries require extensive medical care. Recovering these costs is often a large part of a slip and fall injury settlement.

Other aspects of your case are impacted by the severity of your injuries as well. For instance, you could be entitled to recover pain and suffering damages. Typically, awards for pain and suffering scale with the number of medical bills a person faces.

Contested Liability

Whether or not the property owner takes responsibility for your fall can also impact your case’s value. In some cases, the property owner or their insurance company might agree that liability is clear.

In these cases, negotiations focus on the amount of compensation as opposed to whether compensation is necessary.

A defendant who refuses to accept liability can not only slow down the settlement process but also reduce the value of a potential settlement. With the risk of contentious litigation that could ultimately be unsuccessful, a contested case could push some plaintiffs to accept a lower settlement instead of risk potentially walking away with nothing.

Your Freedom of Fault

Whether or not you were partially responsible for your injuries can also play a part in determining the value of your injury settlement. If you are entirely free from fault, you could expect to recover the full amount of your damages at trial.

However, if you share in the liability for a fall, the courts could reduce the amount of your damages. This reduction could result in lower settlement offers when negotiating with the other side. According to a Long Island personal injury lawyer slip and fall expert, you might be subjected to New York state’s “pure comparative negligence rule.” It determines how much money you can recover from the liable party if you were somewhat negligent as well in relation to your case. For example, if you are found to be 30% responsible for your slip and fall, you will be awarded 30% less damages.

Insurance Coverage

Recovering fair compensation can be more challenging when the property owner in question does not have insurance. While insurance companies have substantial assets to resolve these claims, not all property owners will have the funds necessary to resolve a personal injury case.

The presence of robust insurance coverage likely increases the chances of a higher settlement. That said, there are numerous steps your attorney could take to pursue benefits directly from the property owner after a fall.

New York State’s Statute of Limitations

The statute of limitations could impact the value of your injury claim after a slip and fall accident. In unfortunate cases, injury victims who wait until after the statute has expired to pursue their case could see the value of an otherwise-viable injury case reduced to zero. In New York State, the statute of limitations is limited to three years, as outlined in CVP § 214.

Consult Our Firm About Your Slip and Fall Case

If you are curious about the average settlements available for slip and fall accidents, you could benefit from a discussion with one of our representatives. The team at the Law Office of Cohen & Jaffe, LLP could carefully evaluate your claim or lawsuit and advise you on the recovery you might be entitled to recover.

Call (866) 878-6774 for a free consultation today.