Average Slip and Fall Settlement Amounts in Florida
Looking for the average slip-and-fall settlement can be challenging. There is no true average because of how much settlements vary from case to case. While there are many cases within the $10,000-$50,000 range, there are also those that exceed six and seven figures. So, how do you determine your own potential settlement? Here are some of the factors that could affect the value of your case.
Slip and Fall Settlement Factors
The average slip and fall settlement amounts in Florida vary widely depending on several factors. However, three of the things that result in the largest difference in settlements are the injury’s seriousness, the defendant’s insurance coverage, and Florida’s comparative negligence law. Here’s an overview of each factor and how it might affect any slip and fall case.
Injury Severity
Generally, the more serious an injury is, the more compensation the victim may seek. This is because serious injuries often require a longer recovery, meaning more medical costs, lost wages, etc. For example, a settlement for a slip and fall case where a victim receives cuts and bruises is going to command less compensation than one involving a spinal injury.
Let’s say that victim A receives soft tissue injuries on their leg. Due to pain, they can’t work for a month, losing around $3,000 in wages. Additionally, they have to pay around $1,000 in medical costs. Compare that to victim B, who suffers a herniated disc after their fall. It limits their mobility and prevents them from working their current job again. Their condition is likely going to get worse, resulting in permanent disability. As a result, their future medical costs are in excess of $100,000, and their earning capacity is lower, at around $15,000 per year.
Based on these two examples, you can see how a severe injury may result in higher slip and fall settlements. Damages are typically more extensive, perhaps causing lifelong disability and a lower quality of life compared to temporary injuries.
Insurance Coverage
Another factor affecting slip and fall cases and settlement amounts is the defendant’s insurance. Usually, property owners who have a business have some sort of liability insurance in case injuries happen. However, that might not apply to owners of private homes.
If the defendant doesn’t have enough money or insurance coverage to cover your total damages, it may result in a lower settlement.
Comparative Negligence
Florida has what’s known as a modified comparative negligence doctrine. This means that plaintiffs can still seek damages if they are partially at fault for their accident. When this occurs, the court will reduce an award by the plaintiff’s share of fault. However, if a judge or jury finds a victim more than 50% at fault for their injuries, they are barred from recovery. For example, if a victim has $100,000 in damages but is found 30% at fault for their injury, they will only be awarded $70,000.
Ways to Maximize Your Potential Slip and Fall Settlement
Regarding the average slip and fall settlement amounts in Florida, one thing is certain—you must have a strong case. Taking proactive steps, such as gathering evidence and fully realizing your damages, may significantly impact the outcome of your settlement. Here are essential strategies to maximize your potential slip and fall settlement.
1. Get Medical Treatment as Soon as Possible
Seek medical treatment immediately after the incident, even if your injuries seem minor initially. Delaying medical attention may not only worsen your health but can also make the connection between the accident and your injuries unclear. Medical records play a critical role in your case by detailing the extent of your injuries and potentially linking them to the slip and fall incident.
2. Gather Evidence to Support Your Claim
Building a strong slip and fall case requires a lot of evidence, especially in states with a comparative negligence doctrine like Florida. If possible, collect the following evidence for your claim:
- Photographs,
- Witness statements,
- Inspection schedules,
- Security camera footage, and
- Medical documentation.
If the slip and fall accident happened on commercial property, there may also be an incident report from the business. If you have any trouble getting this evidence, we recommend contacting one of our experienced slip and fall attorneys.
3. Be Patient With Your Case
Slip and fall settlements take time, especially if they involve complex injuries. Rushing the process may lead to a less favorable settlement. You may discover that your injury is more severe than you thought and may have future medical costs. Or, you might learn that you can’t return to your previous job. This is why it’s important to be patient with your case.
Need Help Calculating Your Potential Slip and Fall Settlement? Call Us Today
When researching the average slip and fall settlement amounts in Florida, it’s easy to get confused about how much your case is worth. The best way to know is to contact an experienced attorney and tell them the extent of your injuries. At Arias & Abbass Your Attorneys, we work with every client one-on-one. We believe that you deserve the best, most attentive representation possible.
For a free case evaluation, contact us or message us today.
