Average Slip-and-Fall Settlement Amounts in Omaha

Slip-and-fall accidents can have disastrous consequences for their victims. These mishaps can happen anywhere, from grocery stores and restaurants to office buildings and private homes. Slip-and-falls can be particularly harmful to the most vulnerable members of society. According to the Centers for Disease Control (CDC), about 1 million older adults are hospitalized for falls yearly. But the elderly are not the only ones at risk, as the CDC also reports that falls are the most common cause of traumatic brain injuries.

If you or a loved one slipped and fell on someone else’s property, that person could owe you money. When you plan to file a slip and fall claim, you may also be wondering about Omaha’s average slip-and-fall settlement amounts. Here’s what you should know for your settlements on your personal injury case.

What Influences Slip-and-Fall Settlement Amounts?

Several complex and interrelated factors influence the settlement amount of a slip-and-fall. Understanding these factors is crucial for anyone seeking compensation for such accidents. 

• Severity of Injuries – More severe injuries result in higher settlements due to higher medical costs and extended recovery periods. Serious injuries like broken bones, spinal cord injuries, and traumatic brain injuries tend to have larger settlements because of the extended impact on the victim’s life.
• Medical Expenses – The total cost of medical treatment directly affects the settlement amount. Medical expenses can include immediate costs and any costs for long-term treatment.
• Lost Wages – The injured party or victim may be entitled to compensation for lost wages. Severe injuries that lead to long-term or permanent disability may also result in compensation for lost future earnings.
• Pain and Suffering – Pain and suffering are non-economic damages that compensate for physical pain and emotional distress.
• Liability – Clear proof that the property owner was negligent results in higher settlements.

Average Slip-and-Fall Settlement Amounts in Omaha

What is the average slip and fall settlement in Nebraska? The fact is, there is no true “average” slip-and-fall settlement. For starters, there are too many variables at play for slip and fall injury settlement amounts. What one person recovered in their settlement might have little bearing on what you could expect in yours. Moreover, settlements remain confidential, which severely limits available data. That said, there are a few things you should understand about the claims process that can help you know what to expect as you pursue yours.

First, unlike other states, Nebraska does not place caps on the damages most personal injury plaintiffs can receive. While this affects trials directly rather than settlements, insurance companies make their decisions based on what they expect could happen in the courtroom. The fact that you could potentially win big at trial means they will need to make you a fair offer if they want to avoid a lawsuit.

What Must You Prove to Win a Slip-and-Fall Case?

A slip-and-fall incident falls under premises liability law. Property owners must maintain safe premises for their visitors and are liable for injuries if they fail to do so. Attorneys understand the nuances of premise liability laws and can skillfully negotiate on behalf of their clients against the property owner.

Nebraska’s comparative negligence laws can affect settlement amounts. If a case goes to trial, a court will review the matter and assign a percentage of fault to all involved parties. It will reduce any recovery it awards to the victim in proportion to the victim’s percentage of fault. The victim cannot recover damages if they are more than 50% at fault. For instance, if the victim is 30% at fault for not paying attention to a “Wet Floor” sign, the court will award them 70% of the damages.

This rule binds courts rather than the insurance companies that make settlement offers based on the insurance coverage. However, if an insurance company anticipates that a court will find a claimant partially at fault for their injuries, the company will reduce their settlement offer accordingly. Be sure to keep documents, photos, and videos to help prove fault.

How to Maximize Your Slip-and-Fall Settlement

Building a record as soon as the incident happens is the best way to link your injuries to the accident. Taking the following steps can help you maximize the value of your settlement:

• Seek Immediate Medical Attention – Medical attention is crucial for your health and for documenting your injuries. It helps establish a link between the injury and the accident. If you do not get immediate medical care, it may become difficult to prove that the injuries directly resulted from the slip-and-fall incident.
• Document the Incident – Take photos of the hazardous condition that caused the fall, gather witnesses’ contact information, and write down any other relevant information. Detailed documentation can be critical in proving the property owner’s liability.
• Report the Accident – Let the property owner or occupier know about the accident so they can establish an official record. Reporting the incident alerts the owner to the harm. The record may be helpful in negotiations.
• Keep Detailed Records – Maintaining records of all expenses and information related to the accident will be vital when proving your injury. The more information you have about how the accident happened and what it cost you, the stronger your case will be.

Consulting with a knowledgeable personal injury attorney as soon as possible can provide you with the best chance of maximizing your settlement. A skilled attorney can use the information you gathered to advocate on your behalf.

Consult a Personal Injury Attorney

Understanding average slip and fall settlement amounts in Nebraska can provide valuable insight into what you might expect if you pursue a claim. While settlements can vary widely based on the specifics of each personal injury lawsuit, knowing the factors that influence these amounts can help you make informed decisions.

If you’ve been injured in a slip and fall accident on someone else’s property, an experienced Omaha personal injury attorney can help you navigate the legal process, negotiate with insurance companies, and demand fair compensation. Our team of attorneys can provide valuable guidance on negotiating a settlement and the legal nuances that might affect your personal injury claims.

Ready to take charge of your slip and fall claims and demand the fair recovery you deserve? Then message Mueller Schmidt Mulholland & Cooling today, contact us online, or by calling 402-999-9000. We look forward to reviewing your slip and fall lawsuit for free and offering you the guidance you need to make informed decisions.

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