Slip and Fall Settlement Funding
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A slip and fall accident, sometimes referred to as a trip and fall, is a type of personal injury claim in which a person slips and falls on someone else’s property and suffers an injury. A slip and fall settlement can cover your medical bills, lost wages, and compensate you for pain and suffering.
Getting some of that cash in advance can help you avoid taking on debt or falling behind on bills, giving you peace of mind during your recovery and the legal process. With USClaims, you can get your money in as little as 24 business hours without a credit check. Plus, you don’t have to repay the advance if you don’t win your case, so there’s no risk.
Key Takeaways
- Slip and fall accidents are common and can happen anywhere.
- To have a case, you must prove that the property owner was negligent and file your lawsuit within the statute of limitations.
- Pre-settlement funding gets you the cash you need to pay your bills while you wait for your case to end.
- Pre-settlement funding isn’t like a traditional loan. If you win, there are no monthly payments, just one lump-sum disbursement; if you lose, you don’t repay the cash advance at all.
Common Causes of Slip and Fall Accidents
A slip and fall accident can occur due to slippery or uneven surfaces, poor lighting, a hidden hazard, a narrow walking space, poor weather conditions, or other dangerous circumstances.
It is important to note that not every slip and fall accident will lead to a personal injury lawsuit. There must be an injury involved, and the accident has to be due to someone’s negligence (failing to act in a reasonable manner).
Here are some of the most common slip and fall accident scenarios:
Business or Commercial Property
Accidents that occur on someone else’s property are also referred to as premises liability accidents. For instance, you may slip and fall at work.
Premises can be dangerous for a multitude of reasons, including, but not limited to:
- Spilled materials
- Clutter
- Poor construction
- Lack of proper maintenance
The accidents may include slipping, tripping, falling, or having an object fall on an individual. In these types of claims, these criteria must be met:
- The injured party must show that the hazardous condition caused their injury.
- The property owner knew or should have known about the condition.
- The owner did not take any reasonable actions to clean, repair, or prevent the hazardous condition.
If you can’t check all three boxes, you don’t have a valid slip and fall accident claim.
Government Property
If a person falls on government property and suffers an injury, the government may be responsible. If your state allows for slip and fall personal injury suits against the government, then the injured party must prove that the government was negligent in the upkeep of the property.
In other words, the injured party must show that:
- The government was responsible for maintaining the area in question.
- The government knew or reasonably should have known about the hazardous condition that led to the accident.
- The government did not take the sensible steps to clean or repair the hazard.
Please note: Some states have imposed limitations on personal injury lawsuits against the local, state, or federal government. Check your local statutes or consult with a personal injury attorney to see if you can file a claim
Rental Property
If a person renting a home, apartment, or vacation property slips and falls somewhere on the premises (either inside or outside), the landlord may be responsible for the accident. The injured party would have to show:
- The landlord caused the hazardous condition or that the landlord knew about the unsafe condition.
- The landlord did not try to repair it.
Some hazardous condition examples could include a rickety handrail on a staircase, a leaky ceiling, or a loose floor tile.
Sidewalks
Sidewalks can be treacherous. You may slip and fall on ice or snow. You could also be injured if the sidewalk is damaged or the surface is slippery due to water, mud, soap, oil, or another wet substance. If someone slips and falls on a sidewalk and is injured, the individual or group responsible for that injury depends on your state’s laws.
In some cases, the homeowner might be responsible. In that circumstance, the person bringing the personal injury claim would have to prove two things:
- The property owner knew or should have known that the sidewalk was in an unreasonably unsafe condition.
- The homeowner was negligent in cleaning or repairing that unsafe condition.
In other circumstances, the local government is responsible for the upkeep of its sidewalks. In that case, the injured party would file suit against the government body that knew of the hazardous condition and failed to address it.
Stairs
Slips, trips, or falls on steps are, unfortunately, a common injury. Property owners are typically liable for mishaps on staircases, just like they’re responsible for other slip and fall accidents. However, unlike flat surfaces, stairs can present additional hazards.
For the injured party to prove that the property owner is liable for the accident, the plaintiff must show that:
- The property owner caused the hazardous condition.
- The owner knew or should have known about the hazard.
- The owner did not repair or remove the hazard.
Additionally, the insurance company or the court will also consider whether the plaintiff contributed to their own injury. They will want to know if the plaintiff was acting carelessly at the time of their injury or if they created the hazardous condition themselves by spilling or dropping something on the steps.
How the Slip and Fall Settlement Process Works
If you are considering filing a slip and fall personal injury lawsuit, you may be wondering exactly how long the process will take. The answer is anywhere from several months to several years.
Every case is different, and the length it takes to resolve your legal issue depends on the facts and complexity of the situation. Slip and fall lawsuit funding can help you get the money you need while you wait for your case to end.
Here is a look at the different stages of personal injury litigation so you can better know what to expect:
Make Sure You’re Within the Statute of Limitations
The statute of limitations (SOL) is a state-based law that sets a hard deadline for filing a lawsuit. For slip and fall personal injury lawsuits, the SOL typically begins on the day the person was injured. There are certain situations, however, where the SOL may be extended, such as:
- The defendant (person or party responsible for the accident) left the state after committing the negligence that led to the accident.
- The plaintiff (person who was injured and filed the lawsuit) was a minor when the accident occurred.
- The plaintiff is mentally disabled or was temporarily mentally disabled at the time of the accident.
- The plaintiff didn’t realize they were injured at the time of the accident.
Here’s a plausible grocery store slip and fall example:
- In 2020, a person slipped and fell inside their local grocery store but thought they were fine.
- In 2023, a doctor concluded that their back pain was due to a fractured vertebra that developed into spinal arthritis, and that the fracture was caused by an injury sustained around three years ago.
- The normal SOL for slip and fall lawsuits in the injured person’s state is two years – long expired in 2023.
- However, since they didn’t discover they were injured until 2023 (known as the Discovery Rule), they have until 2025 to sue the grocery store.
Please note: The circumstances behind these exceptions can be challenging to prove. That’s why it is important to speak with an experienced personal injury attorney about your case as soon as possible.
File a Personal Injury Complaint
This initial legal document, prepared by a personal injury attorney, explains the nature of your claim. It will include:
- Who the parties are (plaintiff and defendant)
- A description of how the slip and fall happened
- Who is allegedly responsible for the injury
- What you want the responsible party to pay for their negligence
The content of the complaint may be more or less detailed, depending on your state’s requirements. Your personal injury attorney will file the complaint in the proper jurisdiction and serve the documents on the party you’re suing.
Receive the Defendant’s Answer
Once you file your personal injury complaint, the defendant typically has 20 days to formally answer the lawsuit. (That number might be slightly different, depending on your state’s laws and whether the defendant agrees to waive certain legal defenses).
In the answer, the defendant will address each allegation in the complaint with an “admit,” “deny,” or “not enough information to admit or deny.” The defendant will also establish any affirmative defenses at this time, which are legal doctrines that may reduce or clear the defendant of his or her liability in the slip and fall accident.
Begin the Discovery Process
In this part of the process, both parties try to learn as much as they possibly can about the case. Attorneys for the plaintiff and defendant may send each other interrogatories, which are questions that should be answered in writing under oath.
The attorneys may also file requests for production, which are formal requests for the parties to produce documents or other items that are related to the slip and fall case. Depending on the complexity of the personal injury claim, the extent of the plaintiff’s injuries, and how busy the court is, the discovery process can take anywhere between several months to several years.
Pre-Trial Motions
Before the personal injury case heads to trial, either party may file a pre-trial motion(s) to attempt to resolve the legal issue. While there are a variety of different pre-trial motions, some of the more common ones filed in a personal injury suit are:
- Motion to Dismiss (asking the court to dismiss the case due to a legal technicality, like the statute of limitations)
- Motion to Compel (asking the court to force the other party to do something they have been reluctant to do, such as produce documents or give a deposition)
- Motion in Limine (requesting to keep prejudicial evidence away from the potential jury)
- Motion for Summary Judgment (asking the court for a final judgment due to a lack of facts to support the case)
Pre-trial motions typically happen during the discovery process.
Mediation or Settlement Conference
Depending on your state’s procedural laws, you may be required to hold a mediation or a settlement conference prior to going to trial. In some states, this part of the process is voluntary.
A mediation or settlement conference provides both parties with the opportunity to resolve the issue without having to go to trial. The parties will discuss any disputes over liability and the value of the personal injury case.
Typically, a private mediator (hired by the parties) will preside over a mediation. A judge or assigned magistrate would conduct the settlement conference. Any agreements reached during this phase of litigation are legal and binding. Due to the stress, time commitment, and financial challenges of a trial, most people would prefer to reach a satisfactory settlement agreement.
Personal Injury Trial
If the parties are not able to reach an agreement in mediation or the settlement conference, the case will go to trial. The attorneys will work with the court to add the case to the court’s trial docket, which is their court calendar. Your court date may not be for several weeks or months, depending on the complexity of the case and how busy the judges are.
Personal injury trials can take anywhere from two to five days, again depending on the complexity of the situation and legal issues involved. Once the trial concludes, if the plaintiff wins the case, the defendant has between 30-60 days to pay the judgment.
As you can see, the slip and fall settlement process can be lengthy. If you’re waiting weeks or months for compensation, bills can start to fall by the wayside, potentially hurting not only your credit, but also your day-to-day life. That’s where slip and fall accident funding can help, keeping you financially afloat until you receive your settlement from the guilty party.
Think You Have a Case?
Call us toll-free at (877) USClaims to speak with a friendly funding specialist today.
Factors that Affect Slip and Fall Settlement Amounts
The average amount of a slip and fall settlement is between $15,000 and $45,000. Settlement amounts vary based on the strength of a person’s case and their level of injury or injuries.
If a person’s injuries are relatively minor, the settlement might be on the lower side. If their injuries in the slip and fall accident are severe, then the settlement amount will likely be larger.
The settlement gets calculated based on the individual’s monetary losses (direct, out-of-pocket expenses and losses), plus compensation for their pain and suffering. If you were hurt in a slip and fall accident on someone else’s property and are considering whether to settle your case, here are some common considerations in the value of your claim:
- Lost Wages: If you missed work because of your injuries, you could be compensated for lost wages. You’ll likely have to verify your current salary with a pay stub or tax return. Your employer may also have to verify that amount in writing.
- Loss of Earning Capacity: If your slip and fall injuries are so severe that they impact your future ability to work, you may be entitled to money for lost earning capacity. Once this is verified, the defendant may be responsible for a lump sum amount or the cost of being trained in a different profession.
- Medical Bills: This includes your bills for past and future medical treatment. Because healthcare providers often agree to accept less than the billed amount, be sure you understand whether any compensation will be based on what the healthcare provider billed or what they agreed to receive as payment in full.
- Pain and Suffering: While there is no specific rule for calculating someone’s pain and suffering, a personal injury attorney will typically use your medical bills as a starting point. They’ll then multiply that number based on the severity and permanency of the injury or injuries. It is also a good idea to negotiate with future injuries in mind, as some medical issues do not arise until well after a slip and fall accident.
- Other Expenses: There are other incidental expenses that you can recover as the result of your slip and fall injury. For example, if you spend $50 in fuel each week to travel to a medical specialist for treatment, you may be compensated for that amount on top of the other bills and expenses.
Benefits of Getting a Slip and Fall Lawsuit Loan
Being injured, dealing with doctors, and filing a lawsuit simultaneously is overwhelming. Obtaining slip and fall accident funding can help alleviate your stress so you can focus on getting well – and the compensation you deserve. Here are some of the main benefits you can expect from pre-settlement funding:
Helps You Avoid Debt
When you’re unable to work, the bills can pile up fast. Slip and fall lawsuit funding can give you the cash you need to cover your expenses on time. That way, you won’t rack up debt, wreck your credit score, or get into legal trouble with your creditors. Depending on your case, USClaims can issue you a settlement advance of $500 to $1,000,000.
Gives You More Time to Wait for a Fair Settlement
If your case takes a long time to resolve, you may be tempted to accept the first settlement offer you receive – even if it’s lower than you deserve. Pre-settlement funding gives you the money you need to stay afloat in the interim, empowering you to wait for a fair deal.
No Risk if You Lose Your Case
Your slip and fall lawsuit loan is nonrecourse, so accepting pre-settlement funding carries no financial risk. If you don’t win your case, you don’t have to repay USClaims.
No Restrictions on How Funds Are Used
USClaims doesn’t restrict how you use your slip and fall lawsuit funding. Many plaintiffs use their cash advance to cover their:
- Rent or mortgage
- Car payment
- Utilities
- Groceries
- Insurance premiums
- Loan payments
- Medical bills
However, you can use the cash for any purpose you deem necessary.
No Monthly Payments
Pre-settlement funding is not a traditional loan, so you don’t need to make monthly payments. If you win your case, a portion of your settlement will repay your cash advance. Plus, the pre-settlement funding process is fast and your obligation to USClaims will never exceed twice the advanced amount.
See How a Slip and Fall Lawsuit Loan Has Helped People Like You
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with USC in the past. USC does not control the content of such reviews.
Where USClaims Provides Funding
USClaims is pleased to help plaintiffs in most states. However, due to current laws, we’re unfortunately unable to provide funding in Arkansas, Kentucky, Maryland, Montana, West Virginia, and Washington D.C
Slip and Fall Settlement FAQs
Are slip and fall cases hard to win?
Just because a person slips and falls on another person’s property does not mean that there is a personal injury case or that the property owner is legally responsible for any injuries. You must prove that a hazard on the defendant’s property caused your injury, the defendant knew or should have known about the hazard, and the defendant didn’t take the necessary steps to fix the issue. You must also file the lawsuit within your state’s statute of limitations.
Do I need evidence of a slip and fall?
A property owner has a legal duty to maintain reasonably safe conditions for their tenants, customers, staff, and other guests. However, you have a legal responsibility to prove the property owner’s negligence in the event of an accident. You must also obtain documentation from your doctor to support the nature and severity of your injuries. Plus, you need to obtain proof of your income if you want to claim lost wages in your lawsuit.
How long do slip and fall settlements take?
Slip and fall settlements can take months or years to resolve. The exact timeline of your lawsuit will depend on the complexity of the case and the court’s schedule. Pre-settlement funding can get you the money you need today while you wait for your case to end.
How are slip and fall settlements calculated?
Slip and fall settlements are calculated based on several factors. Your lawyer will tally up your medical bills, lost wages, potential loss of future income, and other related expenses. Then, they’ll add in an amount to compensate you for your pain and suffering.
Have Questions?
Our pre-settlement funding experts will walk you through our entire process.
Disclaimer: Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the nonrecourse nature of pre-settlement funding.
