Only two percent of slip and fall cases go to trial. Here is everything you need to know about slip and fall settlements that don’t go to court.
Average Slip and Fall Settlement Amounts
The average slip and fall settlement in California tends to be in the range of $30,000 to $60,000, but some slip and fall settlements can result in hundreds of thousands or millions of dollars based on the severity of the injuries. The severity of the injury and the premises owner’s negligence are two essential factors in slip and fall settlements.
Tips For Obtaining a Settlement
The reality of slip and fall injury claims in California is that very few of them end up going to trial; most slip and fall claims end in a settlement. In order to obtain a fair settlement, build the strongest case possible. Insurance companies only tend to negotiate settlement claims if they see that the evidence is stacked against them.
Historically High Slip and Fall Settlement Amounts
- In a 2012 slip-and-fall case against Walmart, Valerie Dantzler was awarded a $1 million judgment. The finding included a determination of 80% liability on the side of Walmart, which resulted in her being awarded $800,001.
- A 48-year-old woman had slipped and fallen in the south side of Chicago when using an interior concrete stairwell at her Section 8 housing. The stairwell was missing a light, a handrail, and was covered with litter. The case was settled for $2.5 million.
- In 2003, Annette Ritzman slipped in a Miller Mart Convenience store in Virginia. There had been a dark algae growth in the parking lot, which customers had not been adequately warned about. This led to Annette’s fall which resulted in her loss of consciousness and a serious brain injury. She was awarded $12.2 million.
- Stewart Casper was awarded $5.1 million for sustaining brain injuries from a fall at a supermarket.
- A University of Pennsylvania medical student fell through a manhole operated by Trigen-Philadelphia Energy Corporation. His fall resulted in spinal injuries that ended his education and career path. The company was found to be 99.99% liable for the accident and the student was compensated $18 million. This compensation was also based on the loss of future revenue.
Related: Grocery Store Slip and Fall Cases in California
Average Settlement For Slip and Fall Knee Injury
The average compensation for a knee injury in a personal injury case is between $70,000 to $150,000. Furthermore, 1/12 slip-and-fall knee injury verdicts result in compensation over $1 million.
The two primary factors that influence the amount of compensation in knee injury cases are
- The severity of the injury.
- Whether the plaintiff had pre-existing or degenerative knee problems before the accident.
Brain Injury Slip and Fall Settlements
Brain injury slip and fall settlements oftentimes can go to court and are more likely to settle for larger amounts of money.
Related: Grocery Store Slip and Fall Cases in California
Types of Damages in Head Injury Cases
There are two types of damages in head injury cases: (1) special damages and (2) general damages.
Special Damages: out of pocket losses that arose from the injury
- Lost Wages
- Lost Earning Capacity
- Cost of Medical Treatment
- Funeral and Burial Expenses
- Cost of Repairing or Replacing Damaged Property
General Damages: More subjective losses that aren’t easily quantified by a dollar figure
- Loss of Enjoyment of Life
- Emotional Distress
- Shock and Mental Anguish
- Pain and Suffering
- Loss of Consortium
Factors That Can Influence Head Injury Settlement Amounts
- Liability: where the fault for the underlying accident lies
- Multiple defendants: assigning each defendant the proper amount of liability.
- Plaintiff’s Characteristics: Mental health, physical health, emotional health, age, occupation, & prior medical history can all influence a settlement outcome.
- Defendant’s Egregious Conduct: Punitive damages are used to punish the defendant for culpable and egregious conduct.
- Mitigating Damages: The value of a settlement may be reduced if the plaintiff chose not to seek treatment after the accident and as a result suffered worse injuries.
Related: How to File a Slip and Fall Lawsuit in California
Will mitigating damages still apply if I can’t access medical professionals for treatment?
Mitigating damages may still apply but are likely to not be as significant since you did attempt to seek treatment.
Contact Us
If you or a loved one would like to settle your slip and fall case outside of court, get your free consultation with one of our California Slip and Fall Attorneys today! We won’t charge you a dime unless you win your case.