(300+)If you were hurt in a slip and fall accident in Philadelphia, you have the right to hold a negligent business and/or negligent property owner liable under Pennsylvania’s premises liability law. You may be wondering: What is the average slip and fall settlement amount with surgery? The somewhat unsatisfying answer is “it depends.” There is no true “average” slip and fall settlement for an accident that requires surgery. You have the right to seek a settlement that accounts for your actual damages. Here, our Philadelphia slip and fall accident attorney explains the key things to know about getting a full and fair settlement after getting surgery in Pennsylvania.
Compensation You Can Seek in Slip and Fall Settlements With Surgery
A personal injury settlement, including a slip and fall accident settlement, is an agreement to end a case in exchange for financial compensation. If you had surgery after a slip and fall accident, you must have a full understanding of the different types of damages that you can seek as part of your case. Your Philadelphia slip and fall accident settlement may include compensation for:
- Medical Expenses: The full cost of surgical procedures, anesthesia, hospitalization, rehabilitation, and future medical care.
- Lost Wages and Earning Capacity: Income lost during recovery and any long-term reduction in your ability to work.
- Other Out-of-Pocket Costs: Expenses such as medications, medical equipment, and transportation to medical appointments.
- Pain and Suffering: Physical discomfort and emotional distress caused by the injury and recovery process.
- Loss of Enjoyment of Life: Impacts on daily activities, hobbies, or social relationships.
- Scarring and/or Disfigurement: If surgery leaves visible scars or lasting physical effects.
You Must Prove the Defendant’s Negligence to Bring a Successful Claim
Slip and fall accident claims fall under premises liability laws. These are fault-based legal cases in Pennsylvania. To get a settlement, you will need to present a strong case that establishes the negligence of the business and/or property owner. Here are four elements of negligence:
- A dangerous condition existed on the property.
- The property owner or occupier knew (or reasonably should have known) about the hazard;
- The owner failed to fix or warn about the hazard promptly; and
- You suffered injuries as a direct result of that negligence.
Slips, trips, and falls can happen for a wide range of different reasons. Some of the most common causes of slip and fall injuries that are so severe that they require surgery include wet or greasy floors, broken tiles, poor lighting, and broken/damaged steps. In a restaurant, store, or apartment complex, management has a continuing duty to maintain safe conditions. If staff ignored a hazard or failed to inspect the area properly, they may be legally liable for the accident.
Slip and Fall Settlements Come After Negotiations
Settlements in slip and fall cases typically follow detailed negotiations between your Philadelphia premises liability attorney and the business or property owner’s insurance company. Insurance adjusters often begin with low offers. That is particularly true when medical costs are high. They want to protect their own bottom line. That means that they try to settle cases for less when liability is clear. Victims need to be prepared to present a well-supported case. A strong case supported by medical documentation, surgical records, and expert testimony can increase leverage during these negotiations. Some key factors influencing settlement value include:
- The cost and extent of surgery (for example, arthroscopic repair vs. spinal fusion).
- The Length of hospitalization and rehabilitation.
- Any permanent impairments and/or the disability ratings.
- Future medical treatment needs and likelihood of additional procedures.
- The strength of liability evidence, including photographs, witness statements, and incident reports.
Tip: Do not go it alone: A top-rated Philadelphia slip and fall accident attorney can help you negotiate for the most favorable possible settlement offer.
Be Proactive: Slip and Fall Statute of Limitations in Pennsylvania
Slip and fall accident injury claims are time-sensitive. Pennsylvania has a two-year statute of limitations for personal injury claims under 42 Pa. C.S. § 5524(2). You must file your lawsuit within two years of the date of the accident. Otherwise, you lose your right to recover damages entirely. Only very narrow exceptions apply. A proactive approach is a must: Speak to a Philadelphia slip and fall accident lawyer as soon as possible.
The Bottom Line: While there is no definitive “average” slip and fall settlement involving surgery in Philadelphia, serious injuries often result in major financial compensation when supported by clear evidence and strong legal representation. Your settlement should reflect the true cost of your surgery, recovery, and long-term impact on your life.
Why Rely On the Philadelphia Slip and Fall Attorney at Gibbons & Crichton
Were you hurt so badly in a slip and fall accident that you needed surgery for your injury? It is imperative that you know how to get justice, accountability, and the maximum available financial support. At Gibbons & Crichton, we are here to help. Our case results and client testimonials show what we can do for injured victims in slip and fall accident claims, including those with serious harm.
Our law office is located on Market Street in the heart of Philadelphia, and we fight for victims and families throughout the city and all around the entire region. Our firm has a deep understanding of the Commonwealth’s laws for premises liability, slip and fall accidents, and personal injury. Your initial consultation with our Philadelphia slip and fall lawyer is free and completely confidential.
Contact Our Philadelphia Premises Liability Attorney Today
At Gibbons & Crichton, our Philadelphia slip and fall accident lawyers are strong and experienced advocates for justice. We are always ready to go the extra mile for injured victims. Need surgery after a slip and fall? Contact us right away for a free, no-obligation case review. With an office in Philadelphia, we handle slip and fall accident claims throughout Southeastern Pennsylvania, including in 19150, 19122, 19126, 19123, 19107, 19106, 19153, 19129, and 19118.
