The average slip-and-fall settlement varies by case but is usually between $10,000 and $50,000. You may be entitled to significant compensation to help cover lost wages, medical bills, and more.
The typical slip-and-fall settlement in the Greater Kansas City area can range from a few thousand dollars to hundreds of thousands, even into the millions, depending on the severity, financial impact, and long-term consequences of the injuries.
Property owners in Missouri owe guests a duty to maintain a hazard-free environment. When someone slips and falls at a business, someone at the company has failed to do their job. The slip-and-fall injury attorneys at Noland Law Firm, LLC help clients hold businesses accountable when their negligence leads to injuries from falls.
Slip & Fall Injury Risks for Seniors
Older adults are at the highest risk of falling, leading to overall increased injury rates. The CDC reports 3 million are treated for falls annually, with 800,000 who end up hospitalized following a serious slip & fall. In Missouri, falls are the leading cause of death among those 65 and over & census data shows that 13.9% of Kansas City are elderly, who are entitled to safe public spaces free of avoidable obstacles & obstructions that could lead to an injury.
Falling is not a normal part of aging. Falls are almost always preventable, and premises owners who fail to exercise reasonable care are liable for the injuries, regardless of the victim’s age.
Fall injuries in older adults can lead to permanent disability. Common injuries from falls include the following:
- Broken bones
- Head & brain injuries
- Spinal cord injuries
- Soft tissue damage
- Organ damage
- Disfigurement
- Emotional distress
According to the CDC, one in five falls in older adults leads to broken bones or a head injury. Most hospitalizations are related to a head injury or a hip fracture.
Falls are also the most common cause of traumatic brain injuries in elderly adults and falling just once after the age of 65 can double the chance of a future fall.
How is a slip and fall settlement calculated in Missouri?
Calculating a slip and fall settlement in Missouri involves several key factors:
- Injury Severity: Assessing the lifelong impact of the fall injuries.
- Defendant’s Resources: Evaluating the available insurance coverage and assets of the defendant.
- Defendant’s Conduct: Considering the behavior of the defendant leading up to and surrounding the fall.
- Comparative Fault: Determining whether the fall victim shares any fault for the incident.
Damages that may be included in a slip and fall settlement are:
- Medical Expenses: Covering hospitalization, doctor bills, therapy, rehabilitation, and domestic services.
- Lost Wages: Compensation for income lost due to the injuries.
- Non-economic Damages: Including pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: Awarded in cases of extreme negligence or intentional harm.
Additionally, projected ongoing costs related to the injuries will be factored in during negotiations.
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Can You Get a Slip-and-Fall Settlement Without Surgery?
Yes, you can receive a slip-and-fall settlement without needing surgery. The value of a slip-and-fall injury claim can be influenced by various factors beyond the need for surgical intervention. While the severity of your injury plays a significant role in determining your settlement amount, it is not the sole determining factor. Courts will consider medical expenses, long-term effects, and pain and suffering when assessing your claim.
Even if your injuries don’t require surgery, you can still pursue compensation if the accident significantly impacts your life. The injury’s severity can justify damages, as you may require medical care, miss work, or experience reduced quality of life. It’s important to understand that surgery is not a prerequisite for pursuing a slip-and-fall settlement, and you have legal grounds for a claim if you can demonstrate how the injury has affected your daily life and finances.
Working with an experienced slip-and-fall lawyer, serving the Greater Kansas City Area, can help you build a strong case, gather necessary evidence, and negotiate with insurance companies to ensure you receive fair compensation for your injuries, regardless of whether surgery is involved.
What counts as non-economic damages in Missouri?
In Missouri, non-economic damages encompass the impact an injury has on one’s quality of life activities, be it short-term, long-term, or permanent. They include pain and suffering, disfigurement, and loss of enjoyment of life. Determining the value of these non-economic damages is subjective, making negotiation challenging as defendants may downplay the impact injuries can have on their daily lives. Injuries that significantly affect one’s quality of life tend to yield higher damage awards.
Examples of quality-of-life losses are loss of an active lifestyle, permanent disfigurement, permanent cognitive impairment, confinement to a wheelchair, and chronic pain.
What must be proven in a slip and fall injury case in Missouri?
Falling on a business-owned property does not automatically result in liability of the property’s owner. Premises owners are liable for fall injuries only if you can prove that your fall happened because of negligence. Negligence is defined as the failure to practice reasonable care to prevent falls.
When proving negligence, a personal injury lawyer must prove the following:
- The defendant owed a duty of care
- The defendant breached the duty of care
- The breach caused an injury that would not otherwise have occurred
- The breach was the sole cause of the injury
Who is liable for my slip and fall injury?
While the property owner is typically the liable party, in some cases, you may be able to also hold other negligent parties liable for your slip-and-fall injuries. These include, but are not limited to, the following:
- Building contractors
- Inspectors
- Tenants
- Manufacturers
- Installation and repair technicians
Can a homeowner be sued for a slip and fall injury?
Homeowners in Missouri bear the same responsibilities toward guests as other property owners. If you suffer a fall on a private homeowner’s property due to negligence, compensation typically stems from the homeowner’s insurance policy, whether indoors or outdoors.
Kansas City has enacted ordinances mandating homeowners must properly and promptly clear snow from public sidewalks on their properties, with failure to comply potentially leading to liability for any resulting injuries that may occur.
What is the slip and fall settlement process in Missouri?
Navigating a slip-and-fall lawsuit involves a thorough examination of the incident, the damages incurred, and insurance policy limits. Following the assessment of all the relevant factors, our legal team will initiate dialogue with the insurance company through a demand letter.
Subsequently, negotiations will commence, during which we diligently advocate for a generous settlement, covering your pain & suffering, economic & non-economic damages. Should the insurance company decline the terms of negotiation we shared in the demand letter, litigation in court may be the next step. The duration of this step hinges on numerous case-specific factors which you can discuss at length with your personal injury lawyer.
When communicating with insurers, it is imperative to direct all correspondence through your personal injury representative to safeguard your interests and avoid saying anything that could jeopardize your injury settlement.
If you fell and sustained an injury on someone’s property, the personal injury attorneys at Noland Law Firm, LLC can negotiate a fair settlement on your behalf. Contact us today online to schedule your free consultation, or call us at (816) 781-5055 with any questions regarding your slip & fall injury case.
