Because every case is different, it is not meaningful to discuss an average Kentucky slip-and-fall lawsuit settlement amount. Depending on your injuries and other factors specific to your case, a successful slip-and-fall settlement could range from a few thousand dollars to six figures or more.
The most important factor in your case’s outcome is whether you hire a Kentucky slip-and-fall lawyer, as these cases are hard to win without proper legal support.
Morgan, Collins, Yeast & Salyer has decades of experience fighting for Kentucky accident victims. We have recovered over $400 million in compensation for our clients, including several premises liability cases where we recovered over $100,000 for individual victims. Although past results do not guarantee future outcomes, they do indicate our law firm’s extensive experience with personal injury claims. We are ready to put that experience and our Kentucky Courage to work for you now.
Call us now or complete our contact form to set up a free consultation with a Kentucky slip-and-fall attorney at our law firm. You will not owe us any attorney’s fees unless you win your case.
What Factors Affect a Slip-and-Fall Lawsuit Payout?
The specific circumstances of your case determine how much your slip-and-fall lawsuit might be worth. Some factors that could affect settlements and lawsuit payouts include:
- Severity of your injuries – Your compensation may be greater if the fall caused long-term harm, a disability, or required surgery to heal. Falls that cause only relatively minor sprains or bruises typically do not lead to significant payouts.
- Medical expenses – The cost of your treatment (emergency care, follow-up visits, physical therapy, and future medical needs, for example) plays a significant role in your settlement’s value.
- Lost wages and reduced earning capacity – If you miss work or can no longer earn the same income due to your injuries, that loss factors into your compensation.
- Pain and suffering – You may be eligible for money for physical pain, emotional distress, and loss of enjoyment of life, depending on how your injuries affect your daily life.
- Liability and evidence – The more substantial the evidence that proves the property owner was negligent and that their negligence caused the accident, the stronger your case could be.
Common Causes of Slip-and-Fall Accidents
Many slip-and-fall accidents happen because property owners or managers do not fix hazards at their facilities. Some examples of common causes of slip-and-fall accidents include:
- Wet or slippery floors – Spills, mopped surfaces, or tracked-in rain or snow can create slick walking conditions. Visitors can easily fall due to these hazards if property owners do not post proper warnings.
- Uneven or cracked pavement – Broken sidewalks, potholes, and uneven flooring can trip someone without warning if property owners do not fix or clearly mark these dangers.
- Loose rugs or mats – Rugs or mats that are not adequately secured can shift underfoot or bunch up, causing visitors to lose their balance and fall.
- Poor lighting – Dim or broken lighting can make it hard to see hazards like steps, cords, or spills, particularly in dark hallways, stairwells, or parking lots.
- Cluttered walkways – Objects left in walking paths (boxes, cords, and merchandise, for example) can catch someone off guard and cause a fall.
- Broken or missing handrails – Handrails help people steady themselves on stairs or ramps. The risk of falling increases significantly when they are loose, broken, or absent.
Insurance Coverage for a Slip-and-Fall Accident
Property owners often have liability insurance policies to cover slip-and-falls and other accidents. However, whether the coverage applies to your case depends on several factors, including the purpose of your visit and whether you had permission to be on the property. Kentucky law aligns a property owner’s duty of care to visitors with the visitor’s status.
The three categories of visitors are:
- Invitees – These are people invited onto a property (explicitly or implicitly) for a commercial purpose, such as customers at a store or restaurant. Property owners owe the highest duty of care to invitees. They must warn invitees of known hazards and inspect the premises regularly for potential dangers.
- Licensees – These are people who have permission to be on a property but are not there for a business purpose. Social guests at someone’s home are an example of licensees. Property owners must warn licensees of known dangers, but do not have to inspect the premises for other hazards.
- Trespassers – These are people who do not have permission to be on a property. Property owners generally do not owe a duty of care to adult trespassers and are only liable for willful or intentional injuries.
If you are an invitee or licensee with strong evidence to support your case, you may have grounds for an insurance claim against a negligent property owner. However, you are unlikely to receive a settlement if you were trespassing or do not have evidence of the property owner’s carelessness.
Comparative Negligence in Slip-and-Fall Injury Cases
Comparative negligence is a legal principle that can factor into slip-and-fall cases. Under the law, if you are partly responsible for a slip-and-fall, your compensation is reduced by your percentage of fault. So, if you were 25 percent responsible, you could lose 25 percent of your compensation. You can recover some compensation as long as you were not solely responsible for the accident.
How to Prove Damages in a Slip-and-Fall Case in Kentucky
You need proof of liability and your losses from a slip-and-fall accident to maximize your damages, the legal term for the compensation you receive in a settlement or trial award. Some evidence you might use to prove your damages includes:
- Photos or videos of your visible injuries and the hazard that caused your fall
- Maintenance and repair records regarding dangerous conditions on the property
- Medical records demonstrating the nature of your injuries and how they affect your life
- Pay stubs, tax documents, or other proof of your lost income
- Notes or testimony from your doctor, mental health counselor, or other healthcare providers about your injuries and their impact on your life
- Testimony from family members and friends about how your injuries have impacted your quality of life
What Can a Kentucky Slip-and-Fall Lawyer Do for Me?
Our Kentucky slip-and-fall attorneys stand ready to handle all the legal work in your case while you recuperate. We can gather evidence to show how the accident happened, document your injuries, and begin settlement negotiations with the property owner and their insurance company. We will be ready to take your case to trial if necessary, and we are always available to answer your questions.
Do not settle for less than what your case is worth because you did not hire a personal injury lawyer. Call Morgan, Collins, Yeast & Salyer now or complete our contact form for a free consultation.
