Slip and Fall Settlements Without Surgery – What Can You Expect?

slip and fall settlements without surgery

Slipping and falling can happen so quickly. One minute, you’re walking through a store or down some steps, and the next thing you know, you’ve taken a hard fall and suffered injuries.

Even if you don’t require surgery, these accidents can still cause physical pain, emotional distress, and financial loss.

If someone else is liable for your slip and fall, you may be entitled to compensation. Here’s what to expect from the claims process and potential settlement amounts when surgery is not needed.

Gathering Evidence to Prove Liability

The first step is building a strong case by gathering evidence that can help prove liability. The more proof you have that negligence caused your accident, the better positioned you’ll be to recover full compensation.

Key Evidence to Collect

Some examples of powerful evidence include:

  • Photos of the hazard that caused your fall, like a slippery wet floor or uneven pavement. This visually proves the dangerous condition.
  • Witness statements from anyone who saw you fall or saw the hazard before your accident. Their recollection of events can help establish negligence.
  • Video footage from security cameras in the area may have captured footage of the incident and conditions leading up to it.
  • Records of prior falls in the same area can demonstrate the property owner was aware of the problem but failed to take corrective action.

Proving Negligence of the Property Owner

With evidence in hand, we can effectively demonstrate legal negligence. Examples include the owner failing to maintain safe premises, knowing about a hazard but not fixing it promptly, or not placing signs to warn of danger. The more evidence of negligence we can collect, the stronger our case becomes.

Calculating Your Damages in Settlement Negotiations

Even without surgery, we’ll account for several categories of damages when negotiating a settlement or taking a case to trial. Documenting these losses is crucial.

Recovering Medical Expenses

Bills from emergency room treatment, diagnostic tests like MRIs or x-rays, outpatient procedures, medications, and physical therapy can add up fast. Keep track of all accident-related expenses and obtain copies of itemized medical bills. The at-fault party will need to reimburse you for these costs.

Lost Income from Missed Work

Don’t overlook lost wages from time away from your job while recovering. Also, account for reduced hours or light duty with lower pay during your healing process. If injuries impact your future earnings potential, we can seek recovery for that also.

Pain and Suffering Compensation

This covers both the physical pain from injuries and emotional distress from the trauma of the accident and recovery process. Even without surgery, painful sprains, fractures, and bruising deserve fair pain and suffering damages.

Settlement Ranges Based on Injury Severity

Minor injuries like sprains may result in settlements from $5,000 to $25,000 on average. More significant injuries like fractures often warrant $25,000 to $75,000.

Severe injuries with longer recovery periods commonly exceed $100,000, even without surgery. Every case is different, but having an estimate helps set reasonable expectations.

Negotiating with Insurance Companies

Don’t assume the initial settlement offer from an insurance company represents full and fair compensation. We advise clients not to accept the first offer, which is typically low, and allow our firm to handle negotiations.

As experienced injury attorneys, we know how to prove the worth of a claim and achieve maximum settlement value.

Determining Liability in Complex Cases

Sometimes, slip and fall claims involve more complex scenarios, such as falls in a restaurant, store, or on someone else’s property. Determining who is liable for your injuries takes some investigation and legal analysis.

For example, if you slip on a banana peel in a supermarket produce section, the store may argue that they exercised reasonable care in cleaning and maintaining the area.

However, we would investigate how frequently they monitor and clean the floors and whether there is a history of slippery conditions. If we can establish negligence through a lack of safety protocols and failure to promptly rectify hazards, we can still hold the store liable.

If you fall in a restaurant, liability depends on the cause. If it was a spill left too long without cleaning, that indicates negligence. But if you tripped on a server who suddenly crossed your path, liability may fall to the restaurant’s workers’ compensation coverage instead. Proving exactly what caused your fall is key.

Likewise, the duty of care owed to someone invited onto private property is different from that of a trespasser. As experienced attorneys, we have handled many complex scenarios and understand how to investigate liability based on the unique circumstances surrounding your accident.

Moving Forward After a Slip and Fall Accident

Recovering both physically and emotionally after a traumatic slip-and-fall accident takes time.

Here are some tips based on years of assisting injury victims:

  1. Focus on following your doctor’s treatment plan, including therapy and rest. This will give your body the best chance to heal.
  2. Lean on loved ones for extra help with daily tasks like cooking, cleaning, and transportation while you recover. Accepting support speeds healing.
  3. Join a local or online support group to connect with others navigating post-accident recovery. Shared stories provide comfort and motivation.
  4. Consider counseling to process the emotional impact of a serious fall. Therapists provide tools to overcome anxiety, depression, and PTSD often experienced after accidents.
  5. Avoid overexerting yourself. Recovery is a process with occasional setbacks. Be patient and allow your body to heal before pushing too hard to do activities.
    Maintain a positive mindset. With time, care, and support, most people fully recover and overcome the hardship of an injury accident. Focus on each small step in the right direction.

The experiences of previous clients who now have their lives back on track show there is hope. With determination and the right help, you, too, can move beyond the challenges of an accident.

We are here to support and guide you on the road to recovery – in pursuing the compensation you deserve and rebuilding your life after this adversity.

Why Hiring a Premises Liability Lawyer is Worth It

Without legal representation, the claims process is complex and stacked against accident victims. Personal injury attorneys level the playing field. We handle the paperwork and negotiations while you focus on recovery.

Most firms work on a contingency fee basis, so no settlement means no attorney fees for you. With an attorney fighting for you, we aim to recover not just adequate compensation but full and fair compensation.

Recovering from a slip and fall takes time. But with strong evidence, calculated damages, and determined negotiation, you can receive the maximum settlement you deserve—even without surgery. If you or a loved one has suffered a slip and fall injury, contact DP Injury Attorneys today for a free consultation. Our experienced team is here to answer your questions and help you obtain the compensation you need during this difficult time.

Author Bio

Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.

Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.

LinkedIn | State Bar Association | Avvo | Google