Average Slip and Fall Settlement in Missouri (2024)

By Zane T. Cagle | September 4, 2024 | Personal Injury, Premises Liability

When you are on someone else’s property, you have a reasonable expectation of safety. When you are injured, it can be frustrating and expensive. Many individuals injured on another’s property wonder what the average slip and fall settlement in Missouri is and what compensation they can recover. However, there really is no average settlement. It’s more useful to understand the factors that influence a settlement’s value and how those factors can affect your individual slip and fall accident.

In Missouri, property owners are responsible for having safe premises. If they become aware of hazards, they are responsible for fixing or addressing the hazard. If they cannot, they must warn visitors of the hazard. In some cases, property owners are also responsible for hazards that they would have known about through a reasonable review of their property. Their standard of care may vary depending on the type of property they own and whether those on their property are invitees or customers.

If you were hurt because of a hazard that a property owner did not address, you can hold their insurance carrier liable. The amount that you can hold them liable for depends on how seriously you were injured and how strong your case is.

Your Injuries in a Slip and Fall Accident

You could sustain many injuries in a slip and fall or other premises liability accident, including:

• Bruises
• Dislocations
• Fractured bones
• Lacerations
• Puncture wounds
• Traumatic brain injuries
• Spinal cord injuries

These injuries can range from minor to life-altering, depending on the height of a fall, its location, and your previous vulnerability to injury.

The more serious your injury is, the higher a settlement or verdict will be needed to financially recover those costs. Severe injuries have higher medical costs, which include treatment, surgeries, medications, long-term care, and future medical complications. They also have long recovery periods, during which you may be unable to work. You may not be able to return to work at all, and the settlement or verdict would have to consider your lost earning potential.

In addition to financial losses, more severe injuries also have higher psychological and emotional losses. The pain and suffering, loss of enjoyment of life, and other noneconomic losses should be calculated into your settlement or verdict.

Factors That Influence the Success and Amount of Your Slip and Fall Settlement

In an ideal personal injury case, you can recover the entirety of the economic and noneconomic losses that you sustained. Unfortunately, insurance carriers focus only on their own financial interests. When you pursue compensation from an insurance carrier, their adjusters will be determining how to limit the carrier’s liability. They may undervalue your injuries, claim you were partially or completely to blame for your injuries, or engage in other tactics.

Although it is difficult to get fair compensation from an insurance carrier, several other factors can influence how much you are likely to financially recover. These include:

1. Legal Representation: After a slip and fall injury, legal guidance is crucial. An attorney can investigate and secure evidence to support your case. They can use this to determine whether the property owner was negligent. Your attorney can also negotiate with the insurance carrier for you.
2. Supporting Evidence: The more evidence there is to support your case, the better. This includes evidence of the property owner’s negligence as well as proof of the injuries you sustained and their costs. Supporting evidence makes it even more likely that an insurance carrier will settle for a fair amount or that the judge or jury on your trial will provide a fair verdict.
3. Comparative Fault: If your case is handled through a trial, then comparative fault may be determined. Through this, the judge or jury will review facts about your injury to determine the percentage of liability that each party has in the accident. If you are determined to be partially liable, then the final verdict you receive will be reduced by your percentage of liability.

FAQs

How Much Are Most Slip and Fall Settlements?

The amount you can recover in a slip and fall settlement will rely on the unique circumstances of your case, including what injuries you sustained, how serious they are, and whether you are working with an attorney.

When you sustain more significant injuries, the compensation you pursue will need to cover costs like medical bills, rehabilitative expenses, and the long period of time you cannot earn income. You will also have greater pain and suffering losses, which should be compensated. These can all increase the value of your settlement.

How Is Pain and Suffering Calculated in a Slip and Fall Case?

Pain and suffering can be calculated in different ways for a slip and fall case. Pain and suffering is a type of noneconomic loss which does not have a clear financial value. There are different methods for calculating these losses, which largely rely on the severity of your injuries and your economic losses. An expert slip and fall attorney has experience in calculating these losses, so they can determine a fair value that maximizes the settlement or verdict you can financially recover.

Why Are Slip and Fall Cases Hard to Win?

Slip and fall cases can be hard to win because they require you to prove that a property owner was negligent in the maintenance of their property. Many property owners argue that they did not or could not have known about the hazard that caused your injury.

The open and obvious condition may also be used in a trial, wherein the property owner claims your injury is partially your fault for not noticing an obvious hazard. The guidance of an attorney is necessary to create a strong case for the property owner’s negligence and limit your liability.

Should I Accept a Settlement Offer for a Slip and Fall Injury?

Whether you should accept a settlement offer for a slip and fall injury depends on the circumstances at hand. You should always review the settlement offer with a premises liability attorney. It’s important that the settlement covers your immediate medical costs and income loss. However, it also needs to compensate for the long-term care your injury may require and any effect that your injury may have on your earning potential.

The average person is unfamiliar with calculating these costs, but an attorney is highly experienced in doing so. An attorney can determine whether it is in your interest to seek a court verdict.

Contact a Premises Liability Attorney to Pursue Your Compensation

The Cagle Law Firm can represent you after a slip and fall injury. Pursuing compensation can be complicated, and our highly experienced attorneys can manage your case for you. Contact our firm today.

About The Author

Zane T. Cagle

Zane T. Cagle is the founding president and lead trial attorney at The Cagle Law Firm. With a strong dedication to his clients, he has built a reputation for his tenacious representation in personal injury cases, ensuring each client's unique story is heard. Areas of Practice: Personal injury, motor vehicle accidents, wrongful death. Bar Admissions: Supreme Court of Missouri, Illinois & Kentucky. Superior Court of U.S. Virgin Islands Education: Washington University School of Law. Awards: Super Lawyers, Top 40 Under 40 by The National Trial Lawyers Association, 10 Best in Missouri for Customer Satisfaction.

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