Find out the basics of how a slip and fall settlement or judgment is determined. Get an idea of what your claim is worth.

Most people know what a slip and fall injury claim is, but they don’t know the range of compensation they can get from a claim or lawsuit.

This article provides a range of slip and fall settlement values. We also discuss factors that lawyers, courts, and insurance companies look at when coming up with a number.

Factors that can influence a settlement include things like the severity of your injuries and the amount of medical treatment. They also include things you might not expect, like where your case was filed or the particular judge presiding over your case.

Average Slip and Fall Settlement Amounts

Some people have unrealistic ideas about huge settlements for small personal injuries. Others are shocked to learn that they can recover far more than they thought.

Medical expenses and future treatment are always included. Pain and suffering and personal property damages can also increase the amount of a settlement or judgment.

1. Value Under $10,000: Claims Without Evidence of Fault

The key part of any slip and fall claim will be showing that the business or property owner caused the condition that led to your injury. Without solid evidence of causation, the average settlement value for a slip and fall is between nuisance value and a few thousand dollars (less than $10,000). 

2. Value of $10,000-$50,000: Minor Injury Claim With Good Evidence of Fault 

Sometimes you have great evidence of causation, but your injuries are minor. For example, in one 2018 Maryland case (Ward v. Giant Food LLC), a grocery store’s employees knew that there was a wet floor where the injured person slipped. Nevertheless, the jury only awarded $10,000.

Considering that this award was from a jury rather than a settlement, $10,000 is probably on the low side. The lesson from this case is this: If you have good evidence of causation but less medical treatment, you can probably get more money in settlement than a verdict.

Generally speaking, cases with minor to moderate injuries with decent evidence will settle somewhere between $10,000 and $50,000. 

You may be able to get more money in a settlement if, in addition to causation, you can show intentional or reckless behavior by the defendant or its employees. Good evidence of intentional misbehavior may push a settlement into the high five figures.

3. Values of $50,000 and More: Claims With Good Evidence of Fault and Damages 

If you are seriously injured and have good evidence of both the at-fault party’s liability and of your losses, you can recover significantly more money via settlement or verdict.

For example, a slip and fall case in Portland, Oregon resulted in a broken leg and severe disability in an 85-year-old man. He broke his leg and suffered such severe mobility and lifestyle issues that a jury awarded him $600,000 in compensatory damages. 

The jury also looked at the evasive and abusive behavior of the supermarket and awarded $1 million in punitive damages. 

The average slip and fall case won’t get anything near a $1.6 million jury verdict or out-of-court settlement. But this case shows us that facts matter. If you can show medical bills and other treatment records to support your injury, along with evidence showing the defendant’s fault, the settlement value can easily reach six figures.

Slip and Falls are Premises Liability Cases

While every case is unique, slip and fall claims are usually premises liability cases.

You have a premises liability case when you are injured in a public place, home, or business where you have a right to be, and the owner of the property failed to ensure that it was safe in some critical way. Perhaps the floor was wet and slippery or clutter presented a tripping hazard.

Whatever the reason, the most critical factor influencing the result of a slip and fall settlement is showing how the property owner caused the hazardous condition. If you have camera footage showing that a puddle of water sat on the floor for three hours before you slipped on it, that will increase the value of your claim.

Similarly, if a property owner’s employee was discourteous or willfully disregarded your safety, evidence of that is key. It not only shows the property owner’s liability, but it may also establish intentional misbehavior or malice that could give rise to punitive damages.

A personal injury lawyer can tell if you might have a cause of action in addition to a premises liability case.

If you slipped on a bunched-up rug, perhaps there is a manufacturing defect in that rug that may give rise to a product liability claim against the manufacturer. Details like this are important because they may reveal additional at-fault parties and their insurance policies, giving a greater chance of full compensation.

Damages Are the Heart of Your Claim

Let’s assume that, as a result of a dangerous condition on the property, you fell and injured yourself.

Perhaps you slipped, banged your head, and suffered a traumatic brain injury. Or you could have fallen and fractured your hip. Or, if you fell forward, you could have broken your arm or wrist.

Whatever your specific injury, you will need specific evidence for proper compensation.

You’ll need both medical bills and evidence showing your prognosis:

• Do you need future medical treatment or physical therapy?
• Will you be able to work, or will you be permanently disabled in some way?

Your bills don’t tell the whole story. You’ll also have pain and suffering or other non-economic damages. It’s difficult to get hard evidence of pain or suffering, but you need to show an insurance adjuster, judge, or jury the truth. This can come from written statements or testimony by you, your family, or co-workers.

In personal injury lawsuits involving intentional or egregious misconduct by a property owner, you may be entitled to punitive damages.

You won’t get punitive damages outside of a courtroom. However, the high risk of a punitive judgment may push a property owner and their insurance company to settle sooner and for more.

Factors You Probably Haven’t Thought Of

Factors that can affect a settlement amount can include the other side’s insurer, where a personal injury lawsuit is filed (known as venue), or even the identity of the judge.

Injury victims often don’t know about these kinds of factors, but you can be sure insurance adjusters consider them.

1. The Insurer Typically Pays Less Than Average

Not all insurance carriers look at things the same way. When you speak with a personal injury attorney, ask whether they are familiar with the insurance company and/or claims adjuster on your case. If you’re dealing with an exacting, precise adjuster, you may need to give more and better evidence to get to a settlement.

There are also adjusters and companies that are notorious for not making good settlement offers on slip and fall cases.

2. The Venue is Favorable to Injury Victims (Or Not)

If you must file a slip and fall lawsuit, seek legal advice about the best court to file in. The rules of jurisdiction usually require that a suit be filed in the courts of a certain state, though there may be options.

For example, if you and the other side are from different states and your personal injury claim is worth more than $75,000, you may be able to file suit in United States Federal Court. For most plaintiffs, however, that’s probably not the best move. Federal courts are not known for being friendly to injury victims.

In some parts of the country, federal or state courts may move faster than others. In that case, a faster run-up to trial can put more pressure on a property owner or insurance company to settle (instead of paying money to go to trial).

These are complex strategic decisions that differ for every case. Make sure you discuss them with your lawyer.

3. The Judge’s History May Influence Their Decisions

Once you decide to file a lawsuit, there is another factor to consider: the judge. Even if you asked for a jury trial, a judge can still dismiss your case or grant summary judgment against you before your lawyer even picks a jury.

The vast majority of judges only throw out cases for good reasons. For example, if there is no real evidence that a property owner was negligent, the judge would be right to get rid of your case.

But judges are human. They have their own experiences and biases. Imagine that you file your slip and fall lawsuit and are assigned a judge known for being excellent. But you find out that before becoming a judge, they were an insurance company lawyer for 20 years.

The property owner’s insurance company might see this as a reason not to settle, because they think the judge will be sympathetic to their side. Whether that’s true or not, ask your attorney whether you can file a challenge or take other steps to get another judge in hopes of settling faster.

Get What You Deserve

Setting your case up to get a better-than-average slip and fall settlement takes a lot of work and some luck. Hopefully, having a better understanding of some factors that go into the process will give you more comfort with it.

If you or a loved one has suffered a slip and fall injury, don’t do this alone. Make sure you get quality legal advice. Contact an experienced slip and fall lawyer in your state for a free case evaluation.