What is the Average Slip and Fall Settlement in Florida?
When someone suffers a Florida slip and fall injury, the case will be unique from other slip and falls. The recoverable damages in slip and fall cases are based on the injuries, losses, and expenses and could also depend on many other factors. With these many variables, it makes it impossible to determine what an average settlement might look like.
If you were hurt in a fall accident, working with a Florida slip and fall lawyer is the best way to maximize your payout. They will help you understand and document your recoverable damages and fight for fair compensation from the insurance companies and liable parties.
What Is the Average Payout for a Slip and Fall in Florida?
Florida slip and fall settlements could range from low five-figure payouts up to $1+ million if there are catastrophic injuries or the victim passes away. In general, victims with severe to catastrophic injuries will seek and secure a larger settlement in these cases.
Even when you consider fall injuries that occurred in the same place due to the same hazard or that had similar injuries, there are enough differences in the cases that there is no way to use the outcome of one case to tell you how your own case might go.
The best way to determine how much your own case might be worth is to look at the unique facts of your case that could affect your payout. This includes:
- Your injuries and required medical treatment and support
- Your expenses and losses
- Your future care needs, if any
- Your income and missed work
- Your quality of life
- The facts of the case
Working with a knowledgeable personal injury lawyer to document your damages and seek financial compensation is the best way to understand the full range of your losses. They can fight for the money necessary to cover your medical expenses, lost income, and other losses for your recovery.
What Are the Types of Recoverable Damages in a Florida Slip and Fall Case?
Your recoverable damages are the primary influence on how much you might recover in your slip and fall case. Identifying and gathering evidence of them is essential in maximizing the financial recovery in your case. When you work with a slip and fall lawyer, they will oversee this process for you and help you get the money you need for the costs you incurred.
Some of the most common types of slip and fall case damages include the following:
- Medical bills
- Future care costs
- Missed pay
- Diminished earning ability
- Out-of-pocket costs
- Pain and suffering
- Other intangible losses
While many people think of fall injuries as relatively minor, this is not always true. Catastrophic injuries—traumatic brain injuries and spinal cord injuries, for example—and fatal injuries are possible. When a victim dies from their injuries, the personal representative of their estate can pursue a wrongful death action to recover compensation for the surviving family members.
How Can an Attorney Help You Recover a Fair Florida Slip and Fall Settlement?
When a property owner allows unsafe conditions to occur and remain on their property, trips, slips, and other fall injuries could occur. If the injury victims hurt in these incidents can show the property owner or lessee acted negligently, they can usually recover compensation for their injuries and other damages.
There are four elements present in a negligent case that you and your lawyer must prove:
- The property owner owes the victim a duty of care, generally based on Florida’s premises liability laws
- The property owner breaches this duty of care by allowing a hazard to occur and remain on their property
- The hazard is the direct cause of the fall
- The victim suffered injuries, financial losses, and personal suffering because of the fall
Your personal injury attorney will help you prove negligence by investigating the accident and gathering evidence that shows what happened and who is legally responsible. In general, if there is a spill, leak, hole, trip hazard, or another concern that could cause a fall, the property owner must remedy it as soon as they become aware of it. Other examples include missing railings, dark walkways, and cracked pavement.
Your lawyer will document the hazard through video, photos, and eyewitness testimony. They will show how this hazard caused your fall and why the property owner or lessee is legally responsible. This process allows them to file a premise liability claim with the insurance companies and demand compensation in a fair slip and fall settlement.
The attorney will use their experience and skill in negotiating payouts for the money necessary to cover your full range of documented damages.
What If I Need to Sue the Liable Party to Recover Fair Compensation in My Fall Case?
Sometimes, suing the at-fault party and preparing to take the case to trial is the only option for recovering fair compensation after a fall. Your slip and fall accident attorney will advise you when this may be necessary based on the facts of your case.
You likely only have a limited time to file a lawsuit based on your fall injuries. If you wait too long to sue, the court could bar you from proceeding with your case, and you could lose your right. This loss would also affect your ability to negotiate a fair settlement because you would lose the advantage of being able to take the case to trial if you cannot get a fair offer.
Generally, Florida Statutes § 95.11 provides victims with up to two years to file a complaint and begin a lawsuit. Exceptions apply, so talk to an attorney as soon as possible about your fall. You could have a different filing deadline.
Get a Free Consultation From Our Florida Fall Accident Team Today
Meldon Law provides a free case consultation for victims of slip and fall and trip and fall injuries in Florida. We can assess your case, discuss your potentially recoverable damages, and talk about how our Florida slip and fall lawyers can help you pursue a settlement.
Contact us today to get started. We are standing by, ready to help you get justice.
