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Did you know that fall injuries account for 21 percent of preventable injury-related deaths in the United States, making them as significant as motor vehicle accidents?
In Missouri, slip-and-fall accidents can lead to costly medical bills, lost wages, and life-changing consequences. If you've been a victim of such an accident, you might be wondering about the average slip-and-fall settlement in the state.
Missouri law requires each property owner to maintain a safe environment for their guests, and when they fail to do so, they can be held accountable by receiving a slip-and-fall lawsuit for the injuries sustained.
Slip-and-fall cases in Missouri are complex, with factors such as the severity of the injuries, insurance coverage, and shared fault rules influencing the fair settlement amount.
Compensation can range from a few thousand dollars to millions, depending on the specific circumstances.
This article will explore the ins and outs of Missouri personal injury cases involving slip-and-fall accidents, providing valuable insights to help victims navigate the process and seek the compensation they deserve.
Factors Influencing the Size of Slip-and-fall Settlements
The average compensation in slip-and-fall cases can be quite substantial, but each case has its own unique aspects. Several factors come into play when determining the eventual personal injury claim, including:
Type of Injury
Damages sustained in a slip-and-fall accident greatly influence the settlement amount. Severe injuries typically lead to higher medical expenses, more lost wages, and significant disruption to one's life, all of which contribute to a larger settlement.
On the other hand, minor injuries may result in a smaller payout. Nonetheless, even minor injuries can impact daily life and work, which is why consulting an experienced personal injury lawyer is essential, irrespective of the injury's severity.
Permanent injuries, which require ongoing medical treatment, can also increase the settlement amount to cover future medical expenses.
Evidence
The outcome of slip-and-fall cases heavily depends on the evidence collected. This includes:
Photos of the accident scene,
Witness testimonies, and
Security camera footage.
It is crucial to gather evidence as soon as possible to bolster a slip-and-fall case, as some proof may disappear within minutes. Powell Law Firm can answer questions like, "Who is liable after a Missouri slip and fall accident?"
People involved in slip-and-fall accidents may feel disoriented and unsure of how to proceed. In such cases, contacting a slip and fall attorney immediately after the accident can provide valuable guidance.
Medical Bills
Medical bills are a key component of the evidence in these cases. Moreover, to prove that an individual suffered due to a slip-and-fall accident, it is necessary to demonstrate the expenses incurred for recovery.
Also, the amount of medical bills directly impacts the size of the settlement. Getting higher compensation requires providing detailed medical documentation, including treatment records. Additionally, testimony from a doctor regarding the extent of the injuries might be necessary.
Key Factors in a Missouri Slip-and-fall Claim
In Missouri, when a slip-and-fall accident results in injuries, victims can file a premises liability claim against the property owners to hold them accountable for their losses.
However, to establish the property owner's responsibility, it must be proven that they were knowingly negligent, leading to the accident.
The injured party needs to show that the property owners were aware of a hazardous or dangerous condition and failed to rectify it or provide a barrier or warning. Examples of owner neglect may include:
A broken sidewalk without warning signs,
A loose or missing handrail on a staircase, and
Wet floors without signs to alert others of the slippery surface.
Property Owner's Liability Based on Visitor Classification
Another crucial factor in determining the property owner's liability is whether the victim was legally on the property. Missouri law outlines three types of visitors and the corresponding levels of responsibility property owners have for each:
Invitee: This category includes retail store customers, patrons in parking lots, postal carriers, delivery drivers, property inspectors, and repair service representatives.
Licensee: A social guest who has permission from the owner or tenant to be on the property falls under this classification.
Trespasser: An individual on the property without permission, such as a burglar, is considered a trespasser.
Those who are legally on the property have a higher likelihood of receiving compensation for injuries sustained in a slip-and-fall accident.
Property owners are responsible for ensuring a reasonably safe environment for invitees and licensees, as well as warning them about potential hazards if the dangerous conditions have not been removed. However, property owners do not owe the same assurances to trespassers.
Children and Liability Exceptions in a Slip-and-fall Accident
It is essential to note that, under Missouri law, children are an exception to these distinctions.
A trespassing child has a better chance of receiving compensation in a slip-and-fall injury claim compared to an adult trespasser. Property owners also have a greater obligation to warn children about hazardous conditions.
Furthermore, Missouri law states that the "proper" defendant in a slip-and-fall case is the party in control of the property when the injury occurred. This distinction is particularly relevant for commercial leased properties.
Calculating Settlements in a Missouri Slip-and-Fall Case
Determining the appropriate settlement amount for a slip-and-fall case in Missouri involves assessing the financial, physical, and emotional losses suffered by the victim.
Several crucial factors play a role in deciding the exact compensation, including the severity of injuries, economic impact due to treatment and recovery, lost wages, and a fair valuation of non-economic damages, such as pain and suffering.
Severe or visibly permanent injuries, as well as those that cause more pain, tend to result in higher compensation amounts. Additionally, prolonged treatment and recovery periods, or invasive procedures, can increase the settlement amount.
In cases where a slip-and-fall accident occurs during pregnancy and leads to injuries to the unborn child, the final settlement amount may also be higher.
Missouri slip-and-fall settlements typically begin with applying a "damages formula" to the injury claim, which serves as a starting point for further negotiations.
Compensation in these types of cases consists of physical economic damages and non-economic damages, such as pain and suffering.
Economic Damages
Physical economic damages include:
Medical expenses, containing present and future costs backed by medical bills and doctor's testimony,
Long-term care, which may be necessary for severe or permanent injuries,
Rehab therapy, potentially lasting months or years,
Medications, which could be required for life in some cases, and
Lost wages, covering income lost during recovery and potential impact on work performance due to permanent injuries.
Non-economic Damages
In addition to economic damages, victims may be entitled to compensation for pain and suffering, which can consist of the following:
Physical pain and suffering, potentially lasting months or years after the accident,
Emotional pain and suffering, such as mental anguish, fear, insomnia, worry, and frustration,
Loss of consortium, applicable in rare cases where a slip-and-fall accident results in a fatality, and spouses, partners, or family members seek compensation, and
Loss of self-esteem, relevant when the accident leads to scarring or permanent disability.
To confirm non-economic damages, victims need to provide evidence, such as doctor's notes, personal journals documenting pain, therapist's notes, medical bills, and medical prognosis.
Although often more damaging, pain and suffering are more difficult to prove than tangible economic damages. It is essential to work with a qualified attorney to maximize the chances of receiving fair compensation.
Statute of Limitations
In Missouri, like most states, there is a statute of limitations that dictates the time limit for filing an injury compensation claim in civil court. The statute of limitations is five years from the date of the injury for slip-and-fall cases.
When dealing with out-of-court settlements, insurance companies usually have 30 days to submit a written offer to the victim, starting from the day they receive the claim.
Working with Insurance Companies
Slip-and-fall cases, as with many personal injury cases, often involve dealing with insurance companies. These large corporations use expensive legal counsel with the primary aim of minimizing or eliminating compensation.
Going against such companies without qualified legal representation can place victims at a distinct disadvantage. However, hiring a competent slip-and-fall lawyer can level the playing field, matching the skills and experience of the insurance company's lawyers to ensure fair compensation for deserving clients.
If the insurance company contacts a slip-and-fall victim directly, it is essential to redirect them to the attorney without providing any comments. Anything said to the insurance company could potentially be used against the victim during negotiations.
By working with experienced legal counsel, victims of slip-and-fall accidents can navigate the complexities of personal injury lawsuits and ensure they receive the compensation they deserve for their fall injuries.
Final Thoughts
Going through a slip-and-fall lawsuit in Missouri can be complex, requiring victims to prove the property owner's negligence in maintaining a safe environment. Powell Law Firm can also advise on what the open and obvious doctrine in Missouri is.
Compensation for personal injury claims varies greatly, depending on factors such as the severity of the injuries, medical bills, and evidence presented.
In some cases, traumatic brain injuries and other severe consequences can result in substantial settlements. Working with experienced legal counsel is crucial in navigating the intricacies of these cases, ensuring fair compensation for the damages sustained.
When faced with challenging legal situations in St. Louis, Missouri, contact Powell Law Firm to provide the expertise and guidance needed to navigate complex cases and secure the compensation every victim deserves.
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