There’s no true average settlement value for a slip and fall accident. That’s because every case is different, and what you receive depends on your injuries, the property owner’s actions, and how the fall affected your life.
If you were hurt in a slip and fall accident in Georgia, you might already be dealing with the property owner’s insurance company. These companies want to protect their bottom line, not help you.
Our Marietta slip and fall lawyer will handle all of the negotiations with the insurance company for you, protect your rights, and make sure you’re not pressured into settling for less than your case is worth. Use this guide to understand what goes into a slip and fall settlement and what to expect during the process.
Why There Is No Average Settlement in Slip and Fall Cases
Even though it’s a common question, Georgia law doesn’t assign a standard payout for these accidents. That’s because every slip and fall case depends on:
- The severity of your injuries: Minor sprains are worth less than broken bones or head trauma.
- Medical bills: This includes past and future treatment.
- Lost income: If you missed work or can’t return to your job, that affects the value.
- Pain and suffering: The physical and emotional toll you experienced will affect your settlement.
- Fault: Georgia’s modified comparative negligence rule (Ga. Code § 51-12-33) means you must be less than 50% at fault to recover damages.
Instead of focusing on averages, it’s more useful to focus on how our personal injury lawyer in Marietta will calculate a fair settlement based on your personal situation.
What Factors Impact How Much an Injury Case Is Worth?
Before parties work toward settling a slip and fall accident, they review the economic (financial) and non-economic (non-financial) damages from the accident. The most common factors are:
Physical Injuries
The more serious your injury, the more likely your case will result in a higher settlement. Medical records, test results, and doctor notes are used as proof.
Medical Costs
Medical expenses are often the largest part of a claim. This includes emergency care, follow-ups, surgery, physical therapy, and any long-term treatment you require.
Missed Work and Lost Income
If your injury makes you take time off from work, or you can’t return to your job, we will seek to recover lost income and expected future income.
Fault and Liability
In Georgia, you can only recover damages if you were less than 50% at fault. If you were partially responsible (like ignoring a “wet floor” sign), your settlement will be reduced by your percentage of fault.
What to Expect When Working Toward an Accident Settlement
Once an attorney collects all the evidence in your case, they will send a demand letter to the insurance company. This written document outlines how you were injured, explains why the other party is responsible, lists your medical costs and other losses, and asks for a specific amount of money to settle the claim.
This is a general idea of what to expect when the negotiation process begins:
- Insurance adjusters will push back: They are likely to deny your claim or offer a low amount.
- Your lawyer will respond with evidence: Medical records, photos, and witness statements help show what happened.
- Negotiations take time: Most parties settle their cases out of court. However, if talks stall, the next step is to file a lawsuit.
How Long Do You Have to File a Slip and Fall Lawsuit in Georgia?
Under Ga. Code § 9-3-33, you generally have two years from the date of your injury to file a lawsuit. If you wait too long, the court will likely dismiss your case, even if your injuries were serious.
That’s why it’s important to get legal help early, especially if the insurance company is stalling or denying your claim.
What Steps Should You Take After a Slip and Fall Injury?
If you’re hurt in a slip and fall accident in Georgia, take these steps as soon as possible:
- Report the accident: Tell the manager, property owner, or landlord.
- Take photos or video footage: Capture what caused the fall, like spills or broken steps.
- Get medical care right away: Even if the injury seems minor, a doctor visit creates a record and might discover injuries that are worse than you expected.
- Avoid giving statements to adjusters: Don’t talk to the insurance company without legal advice. Even if they seem like they are genuinely trying to be helpful, be careful of what you say and get legal advice first.
- Call our firm to talk with a slip and fall attorney: We will handle your entire case from start to finish while you focus on healing.
Review Your Slip and Fall Settlement Options With Us Today
The last thing you need after a slip and fall injury is to feel like no one’s listening, or worse, passed off to someone who barely knows your case. At Jones & Swanson, you’ll work with experienced attorneys invested in your outcome, not a call center or case manager.
We will return your phone calls and your emails, and we offer service that is hard to find at larger firms. Slip and fall accidents often cause serious injuries, so we have the resources to fight for you. We will find medical professionals to treat you, even if you do not have health insurance.
We’ve helped clients recover after falls in grocery stores, parking lots, apartment complexes, and more, and we’ve recovered over $50 million in damages for injured clients. Call us today for a free consultation to learn how we will fight to get you the award you deserve.
