Posted on February 1, 2023
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Slip-and-fall accidents account for many injuries throughout Texas. Most people are familiar with the term slip and fall, but they often downplay or overlook the severity of injuries resulting from the fall. In fact, according to the National Floor Safety Institute, slip and falls account for over one million emergency room visits each year.If you were recently injured in a slip-and-fall accident, you might be contemplating filing a claim for damages. One of the most commonly asked questions we get is, What is the average slip-and-fall settlement amounts in Texas? However, it isn’t easy to provide an average because every situation is different, and every case is unique. It’s also difficult to determine an average because many settlements are not reported to the public. Therefore, they cannot be factored into the equation—making any “average” calculation incomplete and inaccurate. With that being said, we can look at certain factors that will influence settlement amounts.
What Is a Settlement?
First and foremost, it is crucial to understand what a settlement is and what it means for you. Generally, a settlement is an agreed-upon amount of compensation that occurs outside of court. It is negotiated between the parties without the need for judicial intervention. A settlement will also typically dispel the defendant of any further liability or responsibility. Most cases resolve in a settlement, and only a small percentage go to trial.It is possible to negotiate a settlement on your own, but if you are inexperienced at negotiating with insurance companies, there is a high likelihood that you will not get the adjuster to give you what your case is worth. Insurance adjusters work to save their company money and pay you as little as possible. Therefore, it is best to have an experienced personal injury lawyer deal with the insurance company or defendant. Settlements will vary widely from case to case, not just in the amount but also in the type of settlement. Settlements can be in the form of lump sum payments or incremental payments.
While there is no precise settlement calculator, several factors will be considered when determining slip and fall settlements. These include the following:
The severity of your injuries,
Present and future medical costs,
Insurance policy limits, and
A jury or judge will use these same factors when rendering an award should a case proceed to trial.
Common Slip-and-Fall Injuries
There are a plethora of injuries that could occur as a result of a slip and fall, some more severe than others. Common slip-and-fall injuries include the following:
Other traumatic brain injuries,
Spinal cord and neck injuries,
Cuts and scrapes,
Hip fractures, and
A slip-and-fall accident can result in multiple injuries at once. Many of these require extensive medical treatment, including surgery and rehabilitation. In addition, many slip-and-fall injuries are not immediately apparent but manifest over hours, days, or weeks. If you are a victim of a slip-and-fall accident, it is imperative to seek legal representation as soon as possible.
Types of Damages
There are generally three types of damages in slip and fall cases: economic, noneconomic, and punitive damages.Economic damages are intended to cover actual, calculable costs incurred due to your injuries, including medical bills and lost wages.Noneconomic damages are subjective or intangible losses that compensate you for the negative impact your slip-and-fall injuries have on your life. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. While it is common for plaintiffs to recover economic and non-economic damages, only a tiny percentage recover punitive damages. Punitive damages are intended to punish a defendant for particularly egregious conduct. Texas follows a modified comparative negligence standard, allowing a plaintiff to recover damages only if their percentage of fault for the fall is less than 51%. If a plaintiff is more than 51% at fault, they will likely be barred from compensation altogether.
Slip-and-Fall Settlements with Surgery
With the type of damages in mind, it is reasonable to conclude that slip-and-fall accident settlements will be larger for people who require surgery than for those who do not need surgery. Since economic damages are intended to cover the plaintiff’s medical bills, treatment requiring surgery is likely to have a higher price tag. Typically, injuries requiring surgical repair are relatively severe. For instance, a broken hip requiring hip pinning is much more severe than a couple of bumps and bruises that merely require over-the-counter pain medication. Slip-and-fall injuries resulting in surgical repair are also more likely to increase your noneconomic damages, mainly because of the extensive recovery period. You may be unable to work, engage in household chores, or participate in the social activities or sports you enjoyed before your injury. The inability to participate in these activities may be temporary or permanent, depending on the extent of your injuries. Still, it can undoubtedly lead to emotional distress, pain and suffering, loss of enjoyment of life, and more.
Slip-and-Fall Settlements Without Surgery
Make no mistake; even if your injuries do not necessitate surgery, they can still be severe enough to warrant a substantial settlement. Non-surgical treatment applies to concussions, certain fractures, and other traumatic brain injuries. Every individual is unique. And what may be generally considered a minor injury could still severely impact your life and result in a substantial settlement. Whether you only suffered minor injuries or severe permanent injuries, you could be entitled to compensation. It is essential to meet with an experienced personal injury attorney to understand your options.
Contact A Slip-and-Fall Lawyer | Dallas
At the Law Office of Aaron Herbert, it is our mission to advocate for the rights of the injured, and we stop at nothing to achieve outstanding outcomes for each of our clients. With over 1,000 personal injury cases resolved and over 50 trials, we know just how to handle your case from the start through the finish line. After a slip-and-fall accident, your focus should be on your recovery. Let our slip-and-fall lawyer in Dallas take care of the rest. Contact us for a free consultation to discuss your options.