If you’re like most people who have been injured in a slip and fall accident, you’re probably almost as concerned about the financial costs of your injuries as you are about healing from them. Will it be enough if you accept an insurance settlement?
Statistically, individuals who hire a personal injury attorney for their cases receive approximately four times as much as those who represent themselves. If you’ve been injured in an accident and are thinking that you can’t afford a lawyer, we have excellent news for you. The attorneys of Long, Jean & Weschler, P.A. will work for you on a contingency basis. That means that you don’t have to pay out of pocket for legal representation. We only receive compensation after your case settles or you win a court award. Call today for a free, no-obligation consultation.
Statistics About Accidents
Most have slipped and fell at some point in their lives. Oftentimes, they can get right up and walk away from the accident with minor bruises. It’s because of these experiences that people often underestimate the potential of injury or death when it comes to slip and fall accidents.
Leading Cause of Elderly Deaths in FL
According to the Florida Department of Health, “Unintentional falls are the leading cause of fatal and nonfatal injuries among Florida residents ages 65 years and older.”
In fact, in 2021, 3,848 adults over the age of 65 were fatally injured in slip and fall accidents in the state of Florida alone. It is the number one cause of accidental deaths in older adults nationally and one of the highest causes of accidental deaths for all age groups. Visit our slip and fall FAQ for additional information.
One of the Most Common Causes of Injuries
According to the U.S. Centers for Disease Control and Prevention:
- One in four adults over 65 experience falls every year.
- Every year, emergency departments see about 3 million emergency room visits due to falls.
- One-third of these visits result in hospitalization.
- 319,000 older people are hospitalized with hip fractures each year.
- Slips and falls are also the number one cause of TBIs.
Most Common Types of Slip and Fall Injuries
These are some of the most prevalent types of slip and fall injuries in Florida and other states.
Fractures
As one might expect, bone breakages are extremely common with slip and fall accidents, and the most affected areas are the wrists, arms, hips, and ankles.
Head Injuries and TBIs
Many people fall backward, striking their head on the floor or another surface, which can lead to traumatic brain injuries.
Back and Spinal Cord Injuries
Many slip and fall accident victims suffer back and spinal cord issues, including vertebrae fractures, herniated disks, and soft tissue injuries. More serious accidents can involve paralysis and death.
Sprains and Muscle Strains
Torn ligaments and tendons are common in slip and fall accidents, usually occurring when the individual trips or tries to stop their fall with their hands and arms.
Shoulder Injuries
Many people injure their rotator cuffs by trying to stop their fall or reaching out for the floor.
Minor Injuries
Cuts, abrasions, and bruises accompany almost all slip and fall incidents. While they’re usually not as apparent as other injuries, they are more visually apparent.
General Information About Settlements
In the state of Florida, most slip and fall accident cases settle out of court. Generally speaking, it’s to the benefit of both sides to settle the case before trial. Litigation tends to drag out the timeline for settlement. In addition, the costs of litigation can reduce the net amount of the settlement. Court cases can also be unpredictable. Plaintiffs and defendants would usually prefer locking in a known settlement amount rather than risking the trial not going their way. Rest assured that if your settlement requires litigation, LJW’s legal team will provide you with top-tier representation.
Types of Damages
The state of Florida allows for three types of damages in personal injury cases. We will briefly discuss each type:
- Economic Damages – These are the material costs of your accidents. They include items like the cost of medical care, lost wages from work, property damage, and any other loss that has a specific monetary value.
- Non-Economic Damages – Attorneys also refer to these types of damages as “pain and suffering” because it addresses physical pain, emotional anguish, and loss of quality of life. While these damage categories are very real, they don’t come with a direct monetary cost.
- Punitive Damages – If the court determines that the defendant acted egregiously or intentionally, they may award punitive damages. These damages don’t compensate the victim. Instead, they further punish the plaintiff — although punitive damages go to the victim.
While Florida does not place a cap on economic damages or non-economic damages, it does have limits for punitive damages. The cap is three times the amount of economic and non-economic damages combined or $500,000, whichever is greater.
To better understand damage types, consider the following scenario. A man is in a restaurant where a waiter spills a bottle of olive oil on the floor. The manager is aware of the spill but does not take proper action to clean it up. The patron slips and falls in the oil, sustaining injuries. His economic costs are $70,000, and the court has determined that he should be awarded $80,000 based on the extent of his injuries and the long recovery. In a case like this, the court is unlikely to award punitive damages. Total settlement: $150,000.
To illustrate how punitive damages work, instead of simply slipping in the oil, the manager backs and pushes the patron into the oil spill over a dispute about the bill. The court might award punitive damages, which would be capped at $500,000 since 4 x $150,000 is less. The potential amount of the award would then be $650,000.
Factors that Contribute to Larger Settlements
Our mission at Long, Jean & Weschler, P.A. is to make our slip and fall accident clients whole. These are the most significant factors that go into settlement calculations:
- The amount of economic damages – Severe accidents generally result in greater expenses, which makes sense. You are likely to incur higher medical expenses, your time away from work is longer, etc.
- Your degree of pain and suffering – Painful and permanent injuries increase the amount of personal injury settlements. If your physical or mental welfare is significantly impacted, your settlement demand will be much higher.
- The proportion of negligence – In Florida, you can still receive compensation if you are partially responsible for your accident as long as the other party’s liability is more than 50%. If you are 20% responsible, your settlement amount will only be 80% of your damages. Consequently, accidents where the defendant is 100% responsible pay more.
- Punitive damages – While rare, if your case warrants punitive damages, it could significantly raise the settlement amount.
- Wrongful death – Slip and fall accidents resulting in death often result in additional compensation for the survivors because they can include funeral costs, loss of consortium, and other costs only associated with fatalities.
Our legal team will discuss all settlement offers with you prior to accepting.
Net Compensation From Settlements
While the plaintiff usually receives the lion’s share of the settlement amount, they don’t receive the entire amount. Because the plaintiff has been able to avail themselves of medical and legal services, these benefactors must be paid first. For example, there may be outstanding medical bills (or the patient’s insurance already paid them). In either case, this debt has to be paid out before the victim can receive compensation.
Additionally, the attorney’s contingencies fees are deducted from the settlement. Please keep in mind the statistic we mentioned earlier, though: the average settlement with representation is more than four times the amount plaintiffs receive without it. In other words, the reason that plaintiffs seek representation is because they walk away with much more than they would have if they just filed a claim.
Recent Payouts
Long, Jean & Weschler, P.A. has a long history of representing clients who have been injured in slip and fall accidents. Here are some of the settlement awards that we’ve garnered for our clients:
If you are injured in a slip and fall accident in Pompano Beach, Florida, you have four years from the date of the accident to file against the property owner or their insurance company. This statute of limitations is very strict; in most cases, the court won’t even hear a case that has missed this deadline.
If you or a loved one is looking for a slip and fall injury attorney in Pompano Beach, call LJW Legal at 954-388-9841 right away and ask about a free case evaluation.
How Long Do Slip and Fall Cases Take?
Once you’ve filed your case, it can take anywhere from several months to a few years to resolve. Even if your case is straightforward, settlement negotiations can break down. When this happens, the case can take much longer, and in some cases, it may make it all the way to trial without a settlement.
The timeframe of a slip and fall case depends on so many variables that it is almost impossible to estimate how long your case may take. It may hinge on issues such as whether or not the other side disputes liability, the nature, and extent of your injuries, and if both parties are willing to settle. A “see you in court” attitude by either side can delay the proceedings considerably.
How Long Do You Have to Go to the Doctor after a Slip and Fall?
When you are injured in a slip and fall accident, you should go to the doctor immediately, even if you don’t think you’ve sustained a serious injury. Should you decide to file a claim or even go to court, a lack of medical care will reduce the value of your case. It gives the insurance company or property owner the chance to argue that your injuries were not caused by the slip and fall accident or that the injury you are claiming was not that serious.
Delays and gaps in treatment give those arguments more weight and strengthen the case against you. In addition, without medical bills and records, you cannot prove that you had any injuries. These items are essential to your case. You should either visit the emergency room, a walk-in clinic, or your primary care physician.
Tell the ER, urgent care, or your primary physician that you have been injured in an accident. Your medical records must reflect the cause of your injuries. Also, discuss all your symptoms, even if they seem minor at the time.
Do Not Miss Medical Appointments and Follow Your Recommended Treatment Program
Missing medical appointments to treat your injuries will weaken your case. It may look like you weren’t seriously injured. The same goes if you refuse the recommended treatment. Do as your doctor orders and show up for all your appointments.
Damages in a Slip and Fall Accident Case
Another reason for keeping track of your medical records and expenses is that in a slip and fall case, you are entitled to compensation for your treatment. Your past medical bills are the best way to demonstrate your injuries and expenses. If the property owner is found negligent, they must pay all medical bills related to the accident that is considered reasonable and necessary.
In slip and fall accident cases, you are also entitled to compensation for future medical expenses. You must prove that there is more than a possibility that you will need future treatment. Your doctor’s records and testimony, if your case goes to court, will be crucial to your case.
You can also claim damages for pain and suffering that results from slip and fall cases. The reasoning behind this is that everyone feels pain differently. Insurance companies tend to view complaints of pain and suffering with caution. Before they agree to add pain and suffering to the settlement, they want to make sure the medical findings validate your pain. All of these issues can take time. A slip and fall injury attorney can guide you through the process and help ensure you get the compensation you deserve.
Do Most Slip and Fall Cases Settle Out of Court?
There’s a good chance your slip and fall accident case will be settled out of court. Often these cases are settled before a lawsuit is even filed. When a settlement is reached, this means there is a mutually agreed-upon outcome. The injured person may accept a little less than they wanted initially, and the property owner’s insurance pays more than they wanted to. As long as both parties are satisfied, the case is settled.
A lawsuit for a slip and fall accident is generally only filed if both parties cannot come to an agreement. The injured party may be asking for too much, or the insurance company doesn’t offer a reasonable amount. While a court case is risky for either side, they may decide to go forward. Often, negotiations continue, and the case is ultimately settled out of court. In rare instances, the case may go to court, and then it is up to the jury.
What’s the Average Slip and Fall Accidents Settlement Amount in Florida?
Although there is no way to know for sure how much you might get in a slip and fall case, there are a few ways to determine what to expect. If a jury awarded $100,000 in a similar case to yours, yours would probably be settled in the same range. Slip and fall injury attorneys review jury verdict reports and base their suggested demands on these results.
The Importance of Hiring an Attorney for a Slip and Fall Accident Claim
If you want to file a slip and fall injury claim, you will need an expert slip and fall injury attorney. This is not something you can handle on your own. And you can be sure the property owner’s insurance company will have a lawyer to represent them. You need an attorney who will provide aggressive representation and personalized service.
Call our law office at 954-388-9841 today to get the compensation you deserve.
