Average Slip and Fall Settlement in Pennsylvania
- Factors That Can Impact Your Slip and Fall Settlement Amount
- How Pennsylvania Law Evaluates Slip and Fall Cases
- What Types of Compensation Can You Recover in a Slip and Fall Claim?
- How Long Does It Take To Settle a Slip and Fall Claim?
- Will My Case Go to Trial?
- How Does a Slip and Fall Lawyer Maximize My Settlement?
- Get Help With Your Slip and Fall Settlement Today
If you’ve suffered injuries in a Pennsylvania slip and fall accident, you may wish to seek compensation by filing a lawsuit. Generally, average slip and fall settlements in Pennsylvania range from $125,000 to $175,000. However, every case is different, and the amount you’re eligible to receive depends on insurance coverage and your accident’s circumstances.
At Cordisco & Saile LLC, we represent clients injured in slip and fall accidents. Our attorneys will evaluate your case and hold negligent parties responsible, enabling you to recover compensation to pay for your medical expenses and other losses.
Factors That Can Impact Your Slip and Fall Settlement Amount
The average slip and fall settlement in PA depends on multiple factors, making it difficult to assess your case’s value without an attorney’s assistance. Some aspects that may impact your case include the following:
Whether You're Partially Responsible for the Accident
In Pennsylvania, personal injury cases follow a contributory negligence principle, which bars recovery for damages if you are 51 percent or more at fault for your injuries. However, you can still collect compensation if you’re partially responsible for the accident, as long as your responsibility does not exceed the defendant’s responsibility.
If your case goes to court, the judge will review the evidence to determine whether you were partially responsible. If they find your actions contributed to your injuries, the judge will reduce your award amount.
Severity of Your Injuries
Generally, the more serious the injuries you suffer, the higher the settlement will be. You may not recover much if you fully recover with little impact on your health and ability to work. However, you may receive more damages if your injuries require lengthy rehabilitation, hospital stays, surgery, or other expensive medical treatment.
Whether You're Able To Work
Sometimes, a slip and fall accident can impact your ability to perform your job, causing lost wages and reduced future earning capacity. Damages increase the longer you’re unable to work at your normal ability. Your slip and fall attorney will incorporate your lost wages into a potential settlement.
Insurance Coverage
In many slip and fall cases, the negligent party will have insurance coverage. The amount of insurance coverage available can limit your recovery amount. While you can pursue recovery directly from the negligent party, the compensation you recover may be limited if the defendant doesn’t have significant financial means.
Your Employment Benefits
A health insurance policy provided by your employer may cover your medical bills. Meanwhile, some slip and fall accidents occur in the workplace, meaning you can pursue a workers’ compensation claim. Workers’ compensation covers your medical expenses and a portion of your lost wages. You cannot recover non-economic damages like pain and suffering in a workers’ compensation claim.
How Pennsylvania Law Evaluates Slip and Fall Cases
Demonstrating severe injuries is not enough to collect damages in a Pennsylvania slip and fall case. You also must prove that the owner’s property was unsafe or that they failed to warn you of a hazard. Essentially, you must show the owner knew or should have realized the area was dangerous and didn’t try to fix it.
For instance, if you slip and fall over broken concrete tiles in a store, you can demonstrate the property was unsafe. However, if the store owner placed warnings around the area and you ignored them, it might be more challenging to prove they were negligent.
Another element of Pennsylvania slip and fall cases is causation. If the property owner wasn’t negligent, you can’t prove they are responsible for your injuries. For example, if you trip over your shoelaces in a hardware store, the store owner probably isn’t liable because they didn’t cause you to fall.
Pennsylvania has a comparative negligence law. Thus, your share of the fault for the slip and fall can reduce the amount you can recover. You cannot recover compensation if you are 51 percent or more to blame for your accident. You can still recover compensation if you are less than 51 percent at fault for your accident. However, your compensation will be reduced in proportion to your share of the blame.
What Types of Compensation Can You Recover in a Slip and Fall Claim?
The average Pennsylvania slip and fall settlement depends on the compensation you’re eligible to receive. Your attorney will calculate slip and fall settlement damages, which may include:
- Past and future medical costs, such as hospitalizations, surgery, x-rays and other diagnostic tests, ambulatory services, doctor’s visits, physical therapy and medication
- Reimbursement for lost wages and benefits
- Damages for reduced earning potential if you’re unable to return to your regular profession or must change jobs
- Compensation for damaged property you lost in the accident, such as a smartphone
Some victims may recover damages for pain and suffering, mental and emotional distress, or reduced quality of life, depending on the extent of their injuries. If a fall causes death, the victim’s loved ones can recover compensation through a wrongful death lawsuit.
How Long Does It Take To Settle a Slip and Fall Claim?
It depends on several factors. A cut-and-dry case where negligence is clear and the victim’s injuries are moderate may settle anywhere from within a few months to a year. However, if your case is complex or you have severe injuries, it may take a year or longer to recover damages.
Some factors that may impact the settlement time include the extent of your medical treatment, how long it takes to gather evidence, and whether the defendants offer an adequate settlement. Once you receive a settlement offer and agree to it, your attorney will pay outstanding bills before providing you with the remaining amount.
To expedite the settlement process, seek legal advice immediately after a slip and fall accident. Your attorney can begin investigating, gathering evidence to prove your case, and preparing the paperwork.
You also must consider your state’s statute of limitations. Pennsylvania’s statute of limitations for personal injury claims is two years. If you miss the deadline, you will lose your right to recover compensation.
Will My Case Go to Trial?
Often, a slip and fall lawsuit ends with a settlement, not a court trial. However, if the defendant’s insurer is unwilling to provide fair slip and fall compensation or your claim is particularly complex, it may proceed to trial.
Even if your claim seems straightforward, seeking an attorney’s assistance is critical. Your lawyer will guide you through the claims process, including gathering evidence and negotiating a settlement. If a settlement isn’t possible, they will advocate for you in the courtroom.
How Does a Slip and Fall Lawyer Maximize My Settlement?
Slip and fall victims are under no obligation to secure legal representation. However, asking a lawyer to represent you in a claim allows you to benefit from their considerable experience and knowledge.
Slip and fall attorneys represent many clients in personal injury claims and fully understand what it takes to prove negligence, including gathering appropriate evidence and applying the law to your case. Their skills can optimize your chances of obtaining maximum compensation in a slip and fall lawsuit.
Get Help With Your Slip and Fall Settlement Today
If you’re considering a Philadelphia slip and fall lawsuit, look no further than Cordisco & Saile LLC. We have offices throughout Pennsylvania, including Philadelphia, Bucks County, Montgomery County, and the Lehigh Valley.
We are a nationally recognized, award-winning team of personal injury attorneys dedicated to advocating for our client’s rights. We have represented hundreds of people in slip and fall cases over the past 30 years, recovering millions of dollars in damages. When you hire our team to represent you in a slip and fall lawsuit, we’ll do what’s necessary to secure maximum compensation for your claim. We take an empathetic and personal approach to all our cases, working to reduce your stress during a challenging time.
To schedule a free case evaluation with a Pennsylvania slip and fall lawyer at Cordisco & Saile LLC, call 215-642-2335 or contact us online. During this consultation, we’ll explore your legal options and estimate your claim’s value.
