Slip-and-fall accidents are often preventable and involve the negligence of a property owner, governmental entity, or workplace. Injuries from a Kentucky slip-and-fall accident can be unexpectedly painful, long-lasting, and require long-term medical treatment. The average settlement for a slip-and-fall lawsuit can drastically vary. An experienced Kentucky slip-and-fall lawyer can help injury victims determine their rights and remedies after these incidents.
At the Gladstein Law Firm, PLLC, we proudly represent slip-and-fall accident victims, helping to connect them with meaningful compensation for what they’ve been through. We also offer free consultations, during which we will explain your rights and give you an overview of how we can help you bring a legal claim against the party responsible for your injuries.
Factors That Impact a Slip-and-Fall Lawsuit Payout
Securing compensation in a slip-and-fall lawsuit requires the victim to meet the same four elements central to most negligence-based personal injury claims:
- Duty of Care: The property owner had a duty to correct or warn the victim about an unsafe condition;
- Breach of Duty: The property owner failed to remedy or warn a victim about the dangerous condition;
- Causation: The property owner’s breach caused the victim to suffer injuries; and
- Damages: The victim’s injuries resulted in damages.
The compensation you can recover from a slip-and-fall claim varies widely. Establishing the cause of the fall and the severity of your injuries plays a significant role in evaluating the value of your potential recovery. In addition, insurance coverage amounts can also impact your compensation.
Causes of the Slip-and-Fall Accidents
Slip-and-fall accidents can occur anywhere, including public businesses, hotels, restaurants, private property, and government property. To recover compensation, the victim must demonstrate that the property owner failed to take reasonable steps to discover or prevent the accident. Some examples of a failure to exercise reasonable care include the following:
- Failure to clean up a spill,
- Failure to remove debris that covers a walkway,
- Failure to remove snow or ice from a path, or
- Failure to repair broken stairs or steps.
The failure to address, remediate, and warn individuals of a dangerous property condition can result in liability.
Are Slip-and-Fall Injuries Serious?
While some slips and falls might not result in injuries, the Centers for Disease Control (CDC) reports that one out of five falls results in serious injuries. Those who suffer serious injuries could recover more damages than the typical payout for a slip and fall.
Insurance Coverage in a Slip-and-Fall Lawsuit
Insurance policies also affect slip-and-fall cases and settlement amounts. Businesses typically maintain insurance coverage for these types of accidents, but the insurance company might have caps on how much compensation you can receive.
Kentucky is a pure comparative negligence state. Under this doctrine, an injury victim who is partially responsible for their injuries can still recover some compensation. However, under the law, the victim’s recovery is reduced by their level of fault. For instance, suppose that you slipped and fell, but you were 10% to blame for your accident. Further, suppose that the amount of damages is $10,000. Under the comparative negligence rule, the court would reduce your award by the 10% you were at fault for, and you would receive a settlement of $9,000.
Cases involving comparative negligence can be complex, and victims should consult with an attorney for assistance.
What’s the Average Payout for a Slip and Fall?
The typical payout for slip-and-fall cases hinges on the accident’s unique circumstances and the responsible party’s position. For instance, the payout may vary depending on some of the following factors.
No Proof of Causation
If you cannot establish that the property owner was negligent, you might not recover significant damages, even if you experienced serious injuries. In these cases, you might secure only a small settlement.
Proof of Causation with Minor Injuries
If you sustain only minor injuries but can prove that the at-fault party was negligent, you could secure a settlement with limited damages.
Proof of Causation with Serious Injuries
Victims with serious injuries who prove that the at-fault party was negligent are most likely to receive a significant payout.
Multiplier Method to Calculate Settlement After a Slip and Fall
There is no “average” slip-and-fall claim. However, there are ways to estimate an appropriate settlement amount for your unique circumstances. One way to calculate a potential settlement is the “multiplier method.” This method is typically used for motor vehicle accidents; however, the same principles apply to slip-and-fall settlements. Under this method, an attorney can estimate a settlement amount using the following formula: Total damages = Economic damages + noneconomic damages (i.e., economic damages x multiplier). The multiplier generally ranges between one and five, depending on the severity of the injuries. A court would use the value one for minor injuries and five for severe injuries.
Calculating Settlements After Fatal Slip-and-Fall Accidents
Fatal slip-and-fall accidents generally lead to higher payouts, as these cases often follow Kentucky’s wrongful death laws. Damages in a deadly slip-and-fall accident include compensation to cover the following:
- Burial expenses,
- Funeral costs,
- Pain and suffering the victim experienced, and
- Loss of consortium.
These cases typically focus on the losses the victim’s loved ones experienced—as opposed to focusing on the victim’s losses.
Proving Damages in a Kentucky Slip-and-Fall Case
A Kentucky personal injury lawyer can help accident victims gather, review, and present a compelling case for recovery. An attorney can use eyewitness testimony, expert testimony, medical records, photographic evidence, and digital evidence to substantiate their client’s claims.
Speak with an Experienced Slip-and-Fall Attorney About Your Case Today
If you or a loved one suffered serious injuries after a fall on someone else’s property or business, reach out to the dedicated Kentucky slip-and-fall lawyers at the Gladstein Law Firm, PLLC. Attorney Gladstein approaches every case with unrivaled compassion, professionalism, and tenacity, ensuring that his clients recover the compensation they need, deserve, and are legally entitled to. To learn more and to schedule a free consultation with the Gladstein Law Firm, PLLC, give us a call at 502-791-9000 or connect with us through our online contact form.