Every slip and fall case is unique to its own circumstances, including how the accident occurred, the severity of the injury, the clarity of liability, and the willingness of either party to enter a settlement agreement. Because of all these unique factors, there really isn’t an average case.
Many issues can affect the value of your claim, including:
The amount of insurance the at-fault party has.
How much you were earning when the accident occurred. Many of the recoverable damages in a slip and fall case revolve around the injured person’s ability to earn an income, and replacement for wages that were lost while the individual was too injured to work. Even the calculation of non-economic damages, which compensates you for the quality-of-life impacts you sustained in the accident, involves the income that you lost due to the injury. If you were making a higher wage when the accident occurred, and you no longer can continue earning what you did after the injury, your case may recover more than if you were unemployed.
Your patience with the settlement process. Settlement negotiations generally begin after the claimant’s attorney submits a demand package to the at-fault party’s insurance adjuster. They can continue until after the trial begins but before a judgment. Often, the fairest settlement offers come closer to the end of the process than the beginning, when the insurance company faces the looming expenses of litigation and an uncertain outcome.