There is no “average” settlement for slip and fall cases. Settlement amounts are determined by a variety of factors that are unique to each incident. A fall can occur on the same level or from a raised height. The way the injured party falls and the surface they strike can cause varying degrees of injury. All these factors make it difficult to determine what the average slip and fall settlement is in Florida.
A personal injury lawyer in Deerfield Beach, FL can help assign a comprehensive and accurate financial value to your case. They will carefully collect and itemize your medical bills, lost wages, and any other significant losses.
Compensable Losses That Are Calculated Into a Settlement Amount in Florida
A fall can affect your life in more ways than just financially. Any losses that you experience as a result of the accident are classified as either economic or non-economic damages.
Simply put, economic damages can be tied to documentation that shows your expenses because of the accident. Non-economic damages are personal losses that can’t be proven with a receipt, such as physical or emotional pain.
Here are some common damages in slip and fall accidents in Florida:
Medical Bills
Slip and fall injuries can include broken bones, hip injuries, and head trauma. It also often includes sprains, bruises, cuts, scrapes, and serious lacerations caused by debris or attempts to break the fall.
The cost of any medical care, medicine, or future rehabilitation is included under this umbrella.
Income Losses
You can recoup the income you lose when your injuries prevent you from working. That includes full and part-time income. If you are a freelancer or part of the gig economy, your lawyer can help you prove the value of these hard-to-document income losses. If you are a full or partial business owner, you can recover these losses as well.
Sometimes, severe injuries prevent you from going back to work at all, or your productivity is permanently altered. In this case, you may be eligible for lost earning capacity.
Pain and Suffering
Pain and suffering includes the physical toll your injuries take on your body but also the mental and physical limitations you experience because of your injuries. If you are experiencing emotional consequences like a loss of enjoyment of life or an inability to do things you once loved, these are compensable losses.
Common Causes of Slip and Fall Accidents in Florida
How the fall occurred may affect the settlement value of your case. Property owners are responsible for ensuring that their property is reasonably safe for visitors and residents. If they don’t do their due diligence to maintain their property, minor and serious falls can occur.
Here are some common causes of falls:
- Wet floors from spills or cleaning
- Uneven concrete, pavement, or flooring
- Obstacles like rugs, cords, or unmarked steps
- Broken handrails or supports
- Icy or snow-covered walkways
- Overgrown walkways
- Stairs that don’t meet building requirements
- Improper or a lack of warning signs
Those who maintain and oversee properties where you have legal access are responsible under slip and fall laws for mitigating dangers to visitors. If you fell for any of these reasons or additional reasons, you may be eligible for a slip and fall settlement.
Who Pays Your Settlement in Slip and Fall Cases in Florida?
Who pays your settlement will depend on who is deemed liable for your fall. If you fall on premises that are owned and managed by several people, each of these people could have to pay through their insurance. Some bigger companies will have a fund or their own insurance to cover the costs.
In most cases, the insurance of the responsible party will pay out your settlement.
You Have Limited Time to Recover a Settlement for Your Slip and Fall Accident
If you fail to file your case in time, you may have your action dismissed, or insurers will have license to offer you a smaller settlement. It’s a good idea to be familiar with the statute of limitations for the kind of case you want to file.
Personal Injury Statute of Limitations
If you or someone you love was injured in a slip and fall accident, you generally have two years to file your action according to Florida Statutes § 95.11 (3)(a). The time limit starts on the day the accident occurred.
Wrongful Death Statute of Limitations
Per Florida Statutes § 95.11 (4)(d), if you lost a loved one in a slip and fall accident, you have two years from the date of their passing to file a wrongful death action.
Contact Our Slip and Fall Accident Team Today
If you or someone you love was injured in a slip and fall accident, you may be eligible for compensation. Our team at GED Lawyers can evaluate your case to determine an appropriate settlement amount. Once we take you on, we will fight for a settlement that represents your losses and will help you move forward. Call our office today for a free consultation.