Trip and Fall Settlements: A 2024 Attorney’s Guide
Slip, trip, and fall accidents in Florida are more common than you might think. In fact, according to the most recent data from the Florida Department of Health, more than 556,000 people visited the emergency room for fall injuries in 2022. Additionally, annual falls requiring a visit to the hospital have increased by 46% since 2005.
Unfortunately, trip and fall accidents can happen anywhere, from wet floors in a grocery store to uneven sidewalks. Some people get minor bruises, while others face severe, life-changing conditions. If you sustained an injury in a similar situation, you’re probably wondering what average trip and fall settlements look like. Here’s an overview of why providing a single average may be misleading and how different factors drastically affect the value of a settlement.
Reasons Why Settlements Vary
Talking about an “average” settlement is tricky because it’s not just about numbers. Not all cases are the same, let alone similar. Where and how they happened, as well as the aftermath for the victim, all vary greatly. Let’s review some factors that affect trip and fall settlement amounts in Florida.
Injury Severity
The seriousness of the injuries plays a primary role in determining the potential value of a trip and fall case. Generally, more severe injuries will produce higher settlement amounts. This is because of upfront medical treatment costs and the cost of ongoing or future treatment. So, if your injury requires follow-up surgeries years in the future, the cost of those procedures may affect the settlement.
Lost Wages
If the victim of the slip and fall accident is employed, they usually lose wages from being unable to work during recovery. Of course, not every job pays the same, so the amount of lost wages varies between cases. Additionally, if the victim can’t return to work because of their injury, they may have damages in the form of reduced earning capacity. In other words, how many wages do they miss out on in the future because they can’t do the same career? This is important to consider in cases involving long-term injuries.
Insurance Policy Limits
The defendant’s insurance coverage is another major factor affecting average trip and fall settlement amounts. If you slip and fall in a grocery store, chances are the business has a relatively large policy in case injuries happen on their property. However, that’s not always true for smaller businesses or residential properties. Some defendants may not have that much money to contribute to a settlement outside of their insurance policy limit.
Comparative Negligence
In Florida, personal injury cases follow a modified comparative negligence system. Under this system, the claimant may only recover damages if their share of negligence is 50% or less. So, if a claimant is, for example, 51% responsible for their injury, they may not receive damages. However, even if the claimant falls under the 50% threshold, the law also reduces their compensation by their share of the fault. For example, if a claimant sues for $1 million but the court finds them 25% at fault, they may only receive $750,000, or 25% less than their claim amount.
Non-Economic Damages
The final and most variable part of trip and fall settlements is non-economic damages, also known as pain and suffering. Essentially, these are damages that don’t have a standard economic value because they are inherently personal. For example, let’s say that someone who likes to go hiking as their main hobby gets an injury that makes them wheelchair-bound. They become depressed because they can’t do their favorite hobby. The damage would be non-economic since it is personal and can’t be measured with a standard cost.
Speak with a Florida Trip and Fall Attorney As Soon As Possible
There are a lot of factors at play that could affect the value of the case. For this reason, if you receive a slip and fall injury in Florida, we recommend contacting an attorney as soon as possible. At Arias & Abbass Your Attorneys, we have years of experience on the other side of insurance claims. We have a unique insight into the defense tactics used to minimize your claim. Remember, the insurance company has an interest to protect. Let us protect yours.
To schedule a free consultation with one of our attorneys, call us at 786-530-HELP or fill out our contact form.
