What Is the Average Payout for a Trip and Fall?
Whether prepared or not, people can experience slip-and-fall accidents. Some suffer minor injuries, while others are severely hurt. As such, victims should seek compensation for their accidents if they are not at fault.
Before proceeding with their legal claim, it would be beneficial to understand how much compensation to expect. Working with a personal injury lawyer can help them identify the specifics of their case. Still, it is critical to know the amount that many other cases settle for.
Continue reading to learn about the average payout for a slip-and-fall settlement, how to determine the compensation amount, and how a lawyer can help.
Average Slip-and-Fall Accident Compensation
Every case is different, so it is challenging to identify the average slip-and-fall settlement amount. Nevertheless, trip and fall cases typically settle between $10,000 and $50,000 for non-fatal situations.
Compensation may be higher based on sustained injuries. If a fall accident involves a wrongful death, the victim's family members receive a greater sum. Schuerger Shunnarah Trial Attorneys can also answer questions like, "What is the difference between slip and fall and trip and fall?"
Minor injuries caused during a slip-and-fall accident are estimated to be between the $10,000 and $50,000 range. To determine the settlement amount, the victim must present the cost of their medical bills and other economic damages.
Then, legal representation discusses the level of pain and suffering the victim has endured, which is also known as non-economic damages. They determine a number on a scale from one through five, multiplying it to decide the final settlement.
Slip-and-fall cases that cause severe injuries leading to fatality are serious. Family members of the victim should file a wrongful death claim. These settlement amounts are much more significant - between $200,000 and $1,000,000 - because the case is no longer a slip-and-fall but a wrongful death lawsuit.
This claim covers more compensation than personal injury cases. It includes lost wages from the loved one, burial expenses, loss of consortium, and any pain and suffering.
Families can work with a trusted lawyer to determine if any other economic or non-economic damages should be included in the settlement.
How to Determine Compensation for a Slip-and-Fall Case
Negotiations concerning financial compensation for a slip-and-fall settlement ultimately determine how much a plaintiff should recover. The components that the legal representation considers include:
The extent of the injuries sustained
How much responsibility the plaintiff has (comparative negligence)
The defendant's resources for repayment
Medical Expenses and Injuries
Injuries and subsequent medical bills are a primary component of a slip-and-fall claim. The settlement amount gets determined based on the economic damages of the accident in addition to the non-economic damages.
Indeed, victims recover more money for more severe cases. Minor fall injuries, for example, do not recover as much as a personal injury claim involving a traumatic brain injury.
Accordingly, injuries sustained from slip-and-fall accidents with longer recovery times require more substantial compensation.
Another core part of trip and fall accidents is the rule of comparative negligence. Tennessee upholds this rule, which holds everyone involved in the accident rightly responsible.
The victim in a slip-and-fall case may not recover as much compensation if the court determines they are partially liable for their injuries.
If someone trips and falls in a premises liability case, they can file a lawsuit against the property owner. However, the defendant could apply the open and obvious doctrine to argue that the plaintiff should incur some liability.
Additionally, the court can identify the percentage of responsibility. If the plaintiff is found 30 percent liable, they can recover only 70 percent of their designated compensation.
Most cases in Tennessee apply comparative negligence. Meanwhile, other states incur contributory negligence, which means that victims do not receive any compensation if they are found even one percent responsible for the slip-and-fall accident.
Some Tennessee cases can institute this, but it is rare. Nevertheless, it is critical to understand this is a possible determiner for a slip-and-fall settlement.
Victims of a slip-and-fall accident should contact personal injury attorneys to assist with their claims and ensure they recover fair compensation for their cases.
What Compensation Does a Slip-and-Fall Settlement Include?
The average settlement amount ranges based on the situation. However, personal injury claims from a slip-and-fall case typically include compensation for the following:
Future medical expenses
Lost income from a wrongful death
Pain and suffering
Emotional trauma or distress
When a slip-and-fall accident occurs, victims can almost always expect to incur medical bills. If they are not responsible for the accident, the expenses should be covered in compensation. This is also true for any future medical bills relating to the injuries.
Slip-and-fall claims can also include lost wages. If the plaintiff was unable to work because of their injury, the responsible party should make up for those costs.
The average slip-and-fall settlement incorporates any mental anguish, trauma, or distress that would have otherwise been avoided without the accident. These are non-economic damages that do not have a price tag but should still be compensated.
An experienced personal injury lawyer can assist with slip-and-fall lawsuits so that victims can obtain the maximum compensation possible. The road to recovery can be a complicated process, so a legal professional can help tremendously.
Assistance with Filing a Slip-and-Fall Lawsuit
There are countless reasons to hire an experienced slip and fall attorney after suffering a slip-and-fall injury. They assist in helping victims understand the legal process. Cases also involve proving the other party is liable for the damage, which requires proof.
A legal professional guides clients to gather the best documentation to evidence their injuries and the remuneration they deserve. They can answer questions like, "What is the slip and fall law in Tennessee?"
Contact War for You
Personal injury law is not an easy sector. Clients should seek assistance from a team of experts with years of experience. Contact Schuerger Shunnarah Trial Attorneys in Nashville, Tennessee, for the most trusted experts. They go to war for their clients!