Nationwide, unintentional falls accounted for over 6.8 million nonfatal emergency room visits in 2020, according to the Centers for Disease Control and Prevention. Fall victims may be entitled to legal recovery if they slipped, tripped, or fell because of an unmarked wet floor, uneven stairs at a storefront, crumpled carpet at a museum, or another form of negligence. Slip and fall settlements without surgery are also possible if the victim can prove the elements of negligence and show they suffered damages.
Kalikhman & Rayz, LLC provides award-winning legal representation to victims of slip and falls throughout Pennsylvania. We provide exceptional advocacy for injury victims by helping them file their claims on time and diligently researching all avenues of recovery. Having a slip and fall attorney helps increase your chances of successfully bringing a legal claim against those responsible for your injury.
What Are Common Injuries for Slip and Falls That Don’t Require Surgery?
Not all slip and falls require the injury victim to have surgery. For example, the injured person may experience property damage during the fall and break things like their cell phone, watch, or laptop. Or they might endure burns or lacerations that require noninvasive treatment. Likewise, head injuries like concussions or whiplash may cause the victim to miss work but not result in surgical intervention. Finally, people may have back pain or internal injuries that heal without a doctor performing surgery on the victim.
What Compensation Can You Receive for Slip and Fall Settlements Without Surgery?
The compensation a victim might receive for a slip and fall settlement that doesn’t involve surgery depends on the harm they suffer. Typically, Pennsylvania courts classify legal damages into two categories: economic and noneconomic. Economic damages cover monetary losses like medical bills, lost wages, and replacing or fixing damaged property. Noneconomic recovery encompasses the victim’s pain and suffering, loss of quality of life, and other invisible losses. A personal injury attorney can help you categorize and calculate your losses to help you understand the compensation you might receive in your case.
One of the most significant expenses an injury victim must bear after a slip and fall is getting care to address their physical injuries. Medical costs typically include doctor’s visits, prescription medication, medical devices (like casts or slings), and physical therapy. If the injury impacts the victim’s ability to drive, they may also incur transportation costs to catch a cab or have a relative drive them to injury-related appointments.
If the injury victim had to take time off work, they may miss out on an opportunity to earn an income and support themselves through the healing process. Most settlements take into account the wages the victims lost because they couldn’t work. Additionally, some injuries result in the victim experiencing a permanent or long-term reduction in pay (because they can’t work at all or have to take a lower-paying job). If that’s the case, a fair settlement amount might include compensation for the difference between what the person earned before the accident and what they can make afterward.
Pain and Suffering
The physical injuries associated with a slip and fall are usually only half the story. The victim also endures mental and physical pain and discomfort while also grieving the loss of their ability to function as they could before the accident. A financial award for pain and suffering typically addresses these invisible costs of the accident to help make the victim whole.
Other Accident-Related Expenses
In some cases, the victim incurs losses beyond the mental and physical injuries to their body and mind. For example, they may have broken a valuable item (like a laptop or cellphone) during the slip and fall. In that case, they may be entitled to reimbursement for the cost to repair or replace the item. They may also receive compensation for other losses if the victim can show a connection between the loss and the at-fault party’s behavior.
How Do You Calculate Slip and Fall Settlements Without Surgery?
To calculate your sip and fall settlement, you would begin by figuring out your economic losses. As discussed above, these include the items you have receipts for, like lost wages, property repairs, and medical expenses. It is essential to save all records that relate to the accident to ensure you have the evidence you need to back up your settlement request for economic damages.
Calculating your pain and suffering and other noneconomic damages can be a bit more difficult because they aren’t directly related to a dollar figure. One method attorneys and insurance companies use to determine noneconomic damages is to figure out how much the victim earned every day on average before the accident and multiply this by the number of days the victim is expected to be in pain. Another method is multiplying the victim’s economic damages by a multiplier (usually a number between 1.5 and 5) that represents the extent of the victim’s suffering.
The best way to accurately estimate your damages is to talk to a trained attorney about your unique situation. They can provide you with targeted advice that addresses your specific concerns. Additionally, they can review offers you may have received from an insurance company and let you know if it is a fair representation of your damages.
What Is the Average Settlement Amount for a Slip and Fall Without Surgery in PA?
Because every slip and fall presents a unique fact scenario, there isn’t a set average settlement amount. Some of the factors that can influence what a victim receives for their slip and fall injuries include the following:
- The extent of their physical injuries
- The impact of the accident on their quality of life
- Their share of liability in the accident
- The conduct of the at-fault party before, during, and after the accident
- The settlements that victims have received in similar cases
- The applicable law
- The quality of the evidence the victim has (such as an eyewitness statement)
Additionally, the overall strength of the victim’s case can impact their ability to recover compensation and negotiate a higher settlement. And Pennsylvania’s comparative negligence law can also play a significant role. Under this rule, victims can only recover if the court believes they are less than 50 percent at fault for their injuries. And the court typically reduces the victim’s total compensation by the percentage of fault they carry for the accident. For example, if a judge believes a victim is 25 percent at fault for their injuries, the victim may only receive compensation for 75 percent of their total damages. Because of this rule, it is crucial for victims to thoroughly prepare their claims before negotiating with insurance companies and at-fault parties or presenting their case before a judge.
How Do I Know if a Settlement Amount Is Fair?
If you were in a slip and fall accident, it’s essential to make sure you’re getting a fair deal before you sign a settlement proposal. So, how do you know if a settlement amount is far? Start by calculating your past and future damages, considering the economic (e.g., medical care and lost wages) and noneconomic damages (pain and suffering) you might have incurred. Keep in mind that the law may entitle you to more or less damages than you might first expect.
The best way to determine if a compensation package adequately addresses the extent of your damages is to talk to a slip and fall lawyer. They can review the evidence in your case, the terms of the proposal, and the applicable law to estimate your damages and what you might get if you push the other party by negotiating a higher amount.
Kalikhman & Rayz, LLC: Award-Winning Advocates for Slip and Fall Injury Victims
If you suffered an injury because of a slip and fall, you may have had to miss work, go to the doctor, or repair or replace your personal items because of the accident. Pennsylvania law may provide you with a way to hold the at-fault party legally responsible for the negligence that caused your injuries. Instead of taking on this burden by yourself, consider contacting an attorney you can trust to help maximize your compensation and fight for your interests in court.
At Kalikhman & Rayz, LLC, we provide outstanding representation to slip and fall victims throughout Pennsylvania. Lawrence Kalkhman has nearly 20 years of experience litigating these claims in court. His tireless advocacy has earned him the distinction of being named one of America’s Top 100 Personal Injury Attorneys®. He takes a tailored approach to each case, making his clients feel like a person, not a dollar sign.
If you have questions about slip and fall settlements without surgery, contact us today by calling 267-435-2426 to schedule a consultation at one of our offices in Philadelphia, Allentown, or Huntingdon Valley in Pennsylvania.