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Summary
The average slip and fall settlement amount is between $10,000 and $50,000.
Table of Contents
What Is the Average Slip and Fall Settlement?
The average slip and fall settlement amounts typically range between $10,000 and $50,000.
However, each case has its own unique circumstances, so depending on various factors, settlement amounts can be higher or lower than the average compensation range.
To understand how much your slip and fall case is worth, it's highly recommended to consult with an experienced personal injury attorney from our law firm today by calling (702) 566-3600, where you can learn your case's worth and timeline in a free consultation.
What Are the Average Slip and Fall Settlement Amounts with Surgery
When a slip and fall results in serious injuries, such as a skull fracture, and requires surgery, settlement amounts will tend to be significantly higher, potentially ranging between $50,000 to $250,000 or even exceeding $500,000 if the injuries result in permanent disability or other long-term effects.
Common settlement amounts for slip and fall injuries that require surgery include:
- Broken Bones Requiring Surgery: Depending on the severity of the break and if there are multiple fractures, a settlement may range between $50,000 to $150,000.
- Spinal Surgery: Spinal cord injuries resulting from slip and falls, such as herniated discs, can settle for amounts between $100,000 and $500,000.
- Knee Surgery: Severe knee injuries, including ACL, MCL, or meniscus tears, can result in settlements between $75,000 and $250,000.
- Hip Injures: Serious hip injuries, even with surgery, can result in permanent mobility issues, providing larger settlements that range between $150,000 to $500,000.
- Traumatic Brain Injuries: TBIs that require brain surgery are extremely serious and expensive surgeries and can result in compensation amounts between $500,000 to $1,000,000.
What Factors Influence Slip and Fall Settlements
When looking to recover compensation following a premises liability slip and fall accident, it's crucial that you understand the factors, both non-economic and economic, that affect your final compensation.
Severity of Injuries
Slip and fall payouts are greatly affected by the extent and amount of injuries sustained in the slip and fall.
Minor injuries, such as sprains or bruises, generally net in lower settlements even with strong evidence, while more major injuries, such as spine fractures or brain damage, result in higher potential compensation amounts.
Medical Bills
The medical costs, including surgeries, physical therapy, and future medical bills, play a significant factor in determining the amount of economic damage.
Regardless of injury severity, if the medical bills are high, you may be entitled to a larger than average slip and fall settlement.
Lost Wages
The amount of lost wages the injuries cause by not allowing you to work can increase a slip and fall accident case's worth.
In addition, if the slip and fall accident injuries result in reduced earning capacity, which means you can no longer receive the same income amount as you did before the slip and fall accident, it can greatly increase your compensation through the loss of earning potential.
Pain and Suffering
While economic damages more significantly affect compensation amounts, intangible losses or non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are factored into slip and fall claim compensation amounts.
Liability & Comparative Negligence
Under Nevada's modified comparative negligence rule outlined in NRS 41.141, there can be multiple responsible parties for a slip and fall accident, including the victim.
If a victim is found to share fault in the slip and fall accident, their final compensation amount will be reduced by the percentage they're found to be at-fault for.
Insurance Policy Limits
The responsible party's insurance coverage limits could set a cap on the maximum compensation amount available to you.
If the at-fault party has a low policy limit, you may have to consult with a slip and fall lawyer about other potential sources of compensation.
However, if your slip and fall occurred in a grocery store or apartment complex, you should not face any problems in receiving fair compensation as they often hold large insurance policies.
Choice of Personal Injury Lawyer
The value of your slip and fall claim depends on numerous factors; however, the choice of legal representation may be one of the greatest.
Choosing an experienced attorney to represent you can significantly increase your chances of securing maximum compensation as they will explore all legal options available to increase your settlement.
If you wish to work with a slip and fall attorney with over 20 years of legal expertise, contact Las Vegas Slip and Fall Attorney Rodney Okano today by calling (702) 566-3600 for a free consultation.
How Are Slip and Fall Settlements Calculated
Calculating settlement amounts for slip and fall accidents requires taking into account all relevant factors, such as:
- Medical Expenses: The cost of medical treatment is a crucial factor when calculating the value of a slip and fall case.
- Lost Wages: The past and future lost wages incurred because of the injuries should be accounted for.
- Pain and Suffering: Physical pain and emotional distress suffered as a result of the slip and fall should be objectively accounted for.
- Comparative Fault: In a premises liability case, such as a slip and fall case, there may be multiple parties at fault, such as the property owner, store manager, or victim; the possibility of shared fault should always be calculated in any premises liability case.
Calculating the value of slip and fall accidents is crucial to ensuring that you secure a maximum settlement, so for such reason, it's highly recommended to contact a personal injury attorney to file a personal injury lawsuit, establish liability, gather evidence, battle insurance companies, and secure compensation on your behalf.
How Can You Maximize Your Settlement in a Slip and Fall Case
Knowing how to obtain a fair settlement following a slip and fall is crucial to having a successful legal process.
Key ways you can maximize your premises liability settlement include:
- Seeking Immediate Medical Attention: By going to the hospital or seeing a doctor immediately after a slip and fall, you can fight any claims from the insurance companies that your injuries were minor or unrelated by using medical records.
- Gather Substantial Evidence: Gathering evidence at and off the accident scene can help ensure that you have a strong case and make obtaining a larger settlement easier.
- Don't Accept Initial Settlement Offers: The insurance company will often offer low first settlement offers in hopes that they lower payouts. However, it's crucial to obtaining a fair settlement that you don't accept this initial offer and wait for the true value of your case to be determined.
- Hire an Attorney: To ensure protection from the insurance company, correct legal advice, and, if required, representation in court, it's highly recommended to hire an attorney to handle your legal case.
- Avoid Speaking or Posting About Your Case: While it may be tempting, avoid speaking or posting on social media about your case or any claims that may go against it, as insurance adjusters and opposing parties may use it as evidence against you.
Are Slip and Fall Settlements Taxable
In most cases, a slip and fall settlement is not taxable under state or federal laws.
However, portions of the slip and fall settlement could become taxable, such as:
- Lost Wages: Compensation for the income lost because of the injuries is taxable as it classifies as a source of income, meaning it would be subjected to federal and state income taxes.
- Punitive Damages: In slip and fall cases, you may be awarded punitive damages, which are damages meant to punish the at-fault party. Punitive damages are always taxed, regardless of case type.
To understand what may be taxable in your slip and fall case, you should consult with a tax expert or an attorney.
How Long Does a Slip and Call Claim Take to Settle
Slip and fall cases typically take around 5 to 7 months to settle.
However, each case has its own timeline, with more complex cases taking longer and easier ones being settled quicker than average.
Factors that may affect how long your case takes to settle include:
- Severity of injuries
- Liability disputes
- Insurance company cooperation
- If the case is settled through negotiations or court
What Are the Steps in Filing a Slip and Fall Accident Claim
Knowing the steps in correctly filing a slip and fall claim is crucial to obtaining fair compensation.
Key steps in filing a claim for slip and fall accidents include:
- Reporting the accident
- Gathering evidence
- Keeping records of expenses and losses
- Consulting with an attorney
- Negotiating a settlement
- Filing a lawsuit (If necessary)
- Sign a settlement agreement and obtain your entitled award
If you are are seeking justice following a slip and fall and want to ensure each step in the claims process is handled correctly, contact one of our attorneys today by calling (702) 566-3600.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
