How Much Is the Average Grocery Store Slip and Fall Settlement Worth in Florida?
The short answer to the question of how much the average slip and fall grocery store settlement is worth is that there is no average amount.
Slip and fall claims are highly dependent on the details of the individual case. It is possible, however, to identify the factors that contribute to a settlement value and apply them to your claim.
Premises Liability: The Legal Foundation of a Florida Slip and Fall Claim
To settle your slip and fall claim, the following needs to proven:
- That you were legally on the property (you were not trespassing);
- The business or landowner was obligated to keep the property reasonably safe—a grocery store owner almost always has this duty, but sometimes a third party (a building manager, for example) actually controls the property;
- The defendant breached this duty by failing to take reasonable steps to remedy a dangerous condition;
- The defendant’s negligence caused you injuries; and
- Your losses add up to the amount you are claiming.
The foregoing elements must be proven by “the greater weight of the evidence,” which is a probability of greater than 50%.
Causes of Grocery Store Slip and Fall Cases
The most common causes of grocery store cases include:
- Spilled liquid or debris on the floor;
- Ice in the parking lot or on the floor near the frozen food aisles,
- Slippery bathroom floors,
- Cracked or uneven flooring, and
- Lack of warning signs for dangerous conditions.
This is only a partial list. If you suffered an injury due to any dangerous condition in a grocery store, you should reach out to an experienced premises liability attorney.
Slip and Fall Grocery Store Settlements
The same basic principles that underlie any personal injury settlement also apply to grocery store slip and fall settlements.
Some factors, however, are unique to grocery store slip and fall cases. These factors arise from the specific types of accidents that you are likely to suffer in a grocery store.
Factors in Florida Grocery Store Injury Settlements
- The strength of your claim. How persuasive is your evidence? How likely are you to win in court?
- The amount of your losses. Losses include intangible damages such as pain and suffering, which might amount to most of the value of your claim.
- Whether the defendant’s misconduct amounted to intentional misconduct or gross negligence. This could open up the door for punitive damages.
- Comparative Fault. If you were partially at fault, Florida law reduces your damages proportionately unless your share of the fault exceeds 50% in which case you are barred from any recovery.
- The defendant’s financial resources, including insurance coverage.
A good lawyer will identify these factors quickly and exploit them to your advantage.
How Fast Can I Get My Money?
Estimating the time you will need to get your money from a slip and fall claim is a lot like estimating how much money you will get. It is difficult to say because results vary widely from case to case. Relevant factors include:
- When you reach maximum medical improvement (MMI). It is impossible to calculate your medical expenses with certainty until your condition has improved as much as it is ever going to.
- How stubborn the defendant might be. Cases that go to trial typically take longer than cases that the parties settle privately. The more money you demand, the more stubborn the defendant (or their insurance company) is likely to be.
- The skill of your lawyer (more on this below).
- Whether you commit any of the common errors that might damage your claim, such as posting about the accident on social media, giving the other side a recorded statement, etc.
Remember, the quickest settlement is also likely to be the most inadequate settlement.
How a Lawyer Can Help
The slip and fall accident lawyers at Abrahamson & Uiterwyk have handled a multitude of slip and fall claims over the past three decades. We offer the following advantages:
- We can calculate the true value of your claim. You are probably underestimating its value, and the other side certainly is.
- We can work to prove your claim with admissible evidence. This is more difficult than it sounds.
- We can negotiate your claim with the other side. Remember, we cannot accept the other side’s settlement offer without your permission.
- We can help you avoid some of the common pitfalls that cause slip and fall victims to damage their own claims.
The foregoing list is just the tip of the iceberg of the myriad ways that an experienced Florida slip and fall lawyer can help with your claim.
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