Do slip and fall cases often go to trial? How much money can you expect to win? This article will discuss how much you should expect to win in a slip and fall case. The average payout for slip and fall cases is about $45,000, but the actual amount depends on the type of case.
Injuries in Slip and Fall Accidents
Thousands of people break bones every year in slip and fall accidents, and some of these injuries are extremely severe. Ninety-five percent of all hip fractures occur in falls, which typically require surgery or transfer to a long-term care facility. Unfortunately, one out of every five people who sustain a hip fracture will die within a year of the accident.
One type of injury that occurs when people fall is traumatic brain injury (TBI). Injuries to the brain can be severe, and even without a direct impact, they are extremely painful. Some people may not recognize the full impact of the injury, and if left untreated, they can suffer from life-long complications. Moreover, a person suffering from TBI may have to work with a specialist for months to recover fully.
A common type of slip and fall injuries are abrasions and cuts. Although these injuries are usually not life-threatening, they can cause significant physical pain and prevent them from working, enjoying life, or spending meaningful time with family.
Slip and Fall Accidents at Work
A slip and fall accident can leave a worker with a large medical bill and can also be a serious concern. The employer may be defending themselves by arguing that the plaintiff is partially or entirely at fault. These arguments fall under the concept of comparative fault, which has been codified into state laws. The rules and laws in each state will determine how a plaintiff can recover damages.
You must hire an experienced slip and fall lawyer to fight this type of defense. It’s best to hire an attorney if you have legitimate evidence to back up your claim. An attorney can help you prepare the case and negotiate with the insurance company on your behalf. You’ll have a better chance of receiving a fair settlement by hiring a legal professional.
To build a strong slip and fall accident claim, get as much information as possible about the accident from witnesses. In any event, it’s essential to seek medical attention as soon as possible. Besides the pain and suffering you experienced, medical evidence will help you win your workers’ compensation case.
What Percentage of Slip and Fall Cases Go to Trial
Almost 2% of all slip and fall cases end in a settlement rather than a jury trial. This number may vary from jurisdiction to jurisdiction, but most slip and fall cases are resolved outside of court. Settlement agreements may be reached between the parties, and a judge can issue a summary judgment in a case that is likely to settle.
Victims can still incur significant medical bills even if their slip and fall case does not go to trial. In some cases, more than one defendant is responsible for the accident, and multiple parties may point fingers at one another. Regardless, it is still vital to seek legal advice as soon as possible.
What’s the Average Payout for a Slip and Fall?
There is no set average for a slip and fall case, and compensation varies widely. Some slip and fall victims receive less than $10,000, while others may win millions. Generally, a settlement of between $30,000 and $40,000 is the range for a slip and fall case. However, a slip and fall lawsuit can result in a larger settlement than that if the victim has suffered extensive injuries.
If the victim has medical bills, the attorney will evaluate these expenses, combining out-of-pocket expenses and health insurance coverage. A valid slip and fall case will include all costs associated with the victim’s injuries, including future medical expenses. It is important to remember that even minor injuries require extensive medical treatment. Future medical costs are critical in determining a slip and fall case’s value.
Determining negligence and proving a causal connection can be a complicated process. The property owner may be reluctant to pay a large settlement. Still, the attorneys at the Adley Law Firm are dedicated to standing up for their clients and obtaining the maximum compensation for their injuries.
Can You Win a Slip and Fall Case
One of the essential factors when filing a slip and fall case is proving that the other party was at fault. By fault, you don’t mean that the other person intentionally caused the accident, but their actions set into motion events that caused your injury. It simply means that the other party’s actions presented an unreasonable risk of damage or injury.
Luckily, there are several factors that you can use to strengthen your case. If the property owner fails to remove a hazard, such as a wet floor, it is possible to win your case. However, if there was no video or security camera footage, the owner may still be liable. To establish negligence, the defendant must have been aware of the hazard for a long time and failed to remove it.
Damages awarded in a slip and fall case depend on your injuries and the extent of your pain and suffering. You must prove that you suffered financial losses and pain and suffering due to the fall. Damages are often awarded based on what you can expect to spend on medical treatment over several months or years. You may be entitled to punitive damages in Texas, intended to punish the defendant for their egregious behavior.
How Long Does a Slip and Fall Case Take to Settle?
A slip and fall case can take three to 18 months to settle. It may take even longer. The length of time varies by the type of accident and its circumstances. Some slip and fall cases may settle before a jury is selected, while others may settle just days or hours before a jury is seated. The length of a slip and fall trial depends mainly on the accident’s circumstances and the insurance company’s willingness to settle.
Even if you are not aware of the time required to file a slip and fall lawsuit, there are ways to prepare yourself for the long road ahead. First, understand what to expect. Most slip and fall cases settle before trial, but some may wind up in court. In addition, you should have your attorney file a lawsuit if you have lost a loved one in wrongful death. An attorney will help you collect the proper evidence early on, which will make your case more credible.
Contact an Attorney After a Slip and Fall Accident
If you suffer a slip and fall accident on someone else’s property, you should contact an attorney immediately. You should also seek medical attention right away. For instance, if you have internal bleeding, it may take days before you realize you have serious injuries. A skilled attorney will be able to prove that the injury is directly related to the slip and fall accident.
Moreover, hiring an attorney after a slip and fall accident is crucial because a successful claim requires extensive investigation and research. A good attorney can walk you through the process, explain your rights, and prepare your court case. They can handle all aspects of the case, including communications with insurance companies and gathering evidence. A lawyer can ensure that your claim is handled properly and efficiently. A lawyer will fight for the maximum compensation you are entitled to.