Slipping and falling takes only a second but it can change the course of your life. Slip and fall accidents cause a variety of injuries, and some slip-and-falls create long-lasting health issues.
If you are legally on someone else’s property or business and suffer a fall, you may have a valid claim to recover compensation for your injuries.
Have you been injured in a slip and fall accident? Do you wonder what the average payout is for a slip and fall injury? Consult with a qualified personal injury attorney to discuss your options.
What Are Slip and Fall Accidents?
Slip and fall accidents occur when a person loses traction on a walking surface or trips over an object causing an injury. Slip and fall accidents commonly occur on level ground due to several causes, including:
- Wet floor,
- Snow or ice,
- Oily surfaces,
- Spills or debris on surfaces,
- Torn carpeting,
- Broken flooring,
- Poor lighting,
- Uncovered wires,
- Missing or broken handrails,
- Uneven sidewalks,
- Potholes.
Slip and fall accident cases represent a complex area of personal injury law because they are heavily fact-dependent and thus require a lot of investigation to prove that the property owner was negligent in some way.
Proving negligence in slip and fall accidents and ensuring a just settlement amount generally requires the assistance of an experienced personal injury attorney.
What Is Premises Liability?
Many slip and fall accidents—especially those that are good candidates for compensation—occur on the property of another. This makes the concept of premises liability an important element of any slip and fall case.
Premises liability means that property owners have a legal obligation to ensure their property is safe for guests and visitors.
When a person suffers an injury due to a property owner’s failure to uphold this obligation, they have a right to seek compensation from the property owner.
Recovering compensation requires establishing that the property owner was negligent in the maintenance of their property.
Even if the injured party was partially at fault for the slip and fall accident, Ohio contributory fault laws do not bar recovery. Instead, the compensatory damage award is reduced by the injured party’s proportional fault.
Your personal injury attorney will help you establish four essential elements to support your claim for recovery.
Duty
The property owner must have had a duty to uphold a certain standard of care in the maintenance of their premises. For example, if a property owner knew that their sidewalk was uneven due to root growth from trees underground, they would have a duty to fix the issue or warn visitors of the danger.
Breach
Either through action or inaction, the property owner must have failed to behave reasonably in upholding their duty to safely maintain their premises.
Causation
Your slip and fall injuries must have been caused by the property owner’s failure to safely maintain their premises.
Damages
Your slip and fall must have also caused some sort of “damage” to you. In the context of a slip and fall accident, the damage is generally an injury suffered by the victim.
Common Injuries in Slip and Fall Accidents
Slipping and falling unexpectedly puts you at risk of a serious injury. More serious injuries resulting from slip and fall accidents include:
- Soft tissue injuries,
- Spinal cord injuries,
- Head and brain injuries,
- Back injuries,
- Cuts and abrasions,
- Fractures, and
- Injuries to the pelvis.
Many of these injuries require extensive medical attention and physical therapy. Some accident victims never return to the person they were before their slip and fall accident.
For example, brain injuries are generally the most severe type of injury stemming from someone slipping and falling and could result in a lifetime of complications.
How Much Is a Slip and Fall Case Worth?
After your accident, researching Ohio slip and fall cases for settlement amounts is not encouraged. One person receiving a substantial sum for their injuries is not an accurate indication of the amount of your likely settlement award.
Most personal injury attorneys understand that an average settlement for a slip and fall injury does not exist. All slip and fall cases produce varying settlement amounts due to the unique set of facts associated with each case.
However, once your personal injury attorney gathers all the necessary evidence and facts surrounding the circumstances of your slip and fall case, they may more accurately provide you with an average payout for your slip and fall injury.
There are two types of damages generally awarded in personal injury lawsuits: economic and non-economic damages.
Economic Damages
Economic damages represent those tangible, financial losses that can be accurately calculated. Economic damages include the following types of losses:
- Past and future medical expenses,
- Past and future lost wages,
- Property damage, and
- Household services.
Economic damages often comprise a large portion of an average settlement for a slip and fall injury. Ohio law does not place a cap on the amount of an economic damage award.
Non-Economic Damages
Non-economic damages represent intangible, subjective losses that vary from person to person, including the following:
- Pain and suffering,
- Mental anguish,
- Scarring or disfigurement,
- Embarrassment,
- Loss of enjoyment of life,
- Loss of consortium.
Ohio caps non-economic damage awards at $250,000 or three times the economic damages award, whichever is greater—but never to exceed $350,000.
Contact Us
Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, possesses extensive experience navigating slip and fall cases in Ohio. He takes on the fight against insurance companies and liable parties so you can focus on recovery. He knows when to push toward settlement or march on to a trial.
Slip and fall accidents can result in devastating injuries. We know you have enough to worry about. With mounting medical expenses and an inability to work, you may wonder which way to turn for help. You need an attorney focused on getting you just compensation.
We know what you’re going through and want to fight to get you the settlement you deserve. Contact us today for a free case evaluation.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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