Premises Liability Settlement Amounts: Average Premises Liability Settlement and What to Expect
If you visited someone else’s property and had an accident on that property, you may be able to sue and get a premises liability settlement.
How much will you get? The average premises liability settlement isn’t really an accurate gauge.
How much you’ll get depends on:
- How badly you’re hurt
- How much the property owner/manager is to blame
- How much evidence you have
What Is a Premises Liability Settlement?
Premises liability means that the property owner/manager is responsible to maintain the property and make sure it’s safe.
Unsafe conditions can include:
- Broken stairs
- Poor lighting
- Slippery floors
- Cracked pavements/walkways
- Loose dogs
- Buildings that aren’t up to code
If you have an accident because the building wasn’t safe, you can sue for negligence.
Average Premises Liability Settlement Amounts
Nobody can promise that you’ll get a set amount.
But the following chart can give you an idea of what you can claim.
| Minor injuries | Moderate injuries | Severe injuries | Catastrophic injuries/Wrongful death |
| $10,000 – $50,000 | $75,000 – $500,000 | $500,000 – $2,000,000 | $1,000,000 – $5,000,000 |
Minor injuries = smaller settlements. Severe injuries = large payouts.
But your injuries aren’t the only factor.
- You’ll get less for suing a homeowner than you would for suing a business owner or municipal building
- People with less or unclear evidence get less than people with clear, strong evidence
- You’ll get less if you’re partly to blame for your accident
How Premises Liability Settlement Amounts Are Determined
How do lawyers and insurance companies calculate premises liability settlements?
It’s based on:
- Medical bills
- Lost wages
- Pain and suffering (measured on a scale of one to five and then multiplied by the sum of your economic losses)
- How much evidence you have proving the other party is totally at fault
Factors That Affect Premises Liability Settlement Amounts
Why do some people get more money than others?
Each case is unique. Lots of factors affect your settlement amount:
- Who you sue. Homeowners (unless they’re multimillionaires) won’t be able to pay out as much as a business or municipality.
- How badly you’re hurt
- How long your injuries will last
- The other party’s track record. Companies that have skirted safety regulations for years will wind up paying more than “first-time offenders”
- Who’s to blame
Severity of Injuries
You won’t get much from:
- Sprains
- Bruises
- Cuts
They heal fast. With no lasting damage.
Moderate injuries are worse:
- Fractures
- Broken bones
You’ll need more medical care. Have to take time off work.
But your injuries will (usually) heal eventually. With no permanent damage.
Severe injuries are life-long. They include:
- Brain injuries
- Spinal injuries
- Paralysis
If your injuries are severe or catastrophic, your lawyer will likely claim compensation in the hundreds of thousands or even millions of dollars.
And with good reason:
- You won’t be able to work
- You’ll need long-term medical care, therapy, and rehabilitation
- You’ll need to modify your home so it’s accessible for you
- You won’t be able to enjoy activities you used to enjoy before the accident
Wrongful death also falls under this category. Like the injuries listed above, losing a loved one isn’t reversible.
Medical Expenses and Future Treatment
See a doctor immediately. Even if you feel fine.
It’s not uncommon for symptoms to appear weeks or months later.
And it’s not uncommon for insurance companies to claim you got hurt later on, not on their policy holder’s property.
Medical expenses you can claim compensation for include:
- Emergency care
- Hospital stays
- Medication
- Therapy
- Future treatment costs
Lost Wages and Reduced Earning Capacity
If you can’t work while you get better, you can claim compensation for lost wages.
If your injury permanently affects your ability to work, you can claim additional compensation.
You can also claim compensation if you have to accept lower earnings because of your injury.
Pain and Suffering Damages
Accidents don’t just cause physical pain.
They can cause emotional suffering too. You may have symptoms such as:
- PTSD
- Insomnia
- Stress
- Anxiety
- Depression
These symptoms are often linked with physical injuries. But not always.
Calculate Your Potential Compensation
Average Premises Liability Settlement by Injury Severity
Injuries fall under three categories:
- Minor = $10,000 to $50,000
- Moderate = $75,000 to $500,000
- Severe/Catastrophic = $500,000 to $5,000,000
These are very general categories. And each situation is judged on its own merits.
Carla is 75 years old. She breaks a hip. She’ll never be able to walk without a walker. She can claim more compensation than a 20 year old who would’ve fully recovered from the exact same injury.
Tony had a concussion after running through the store and slipping on a wet floor. There were no warning signs but Tony was a bit drunk and not really looking where he was going. His compensation will be less than it would for a person who’d been sober and mindful.
Average Premises Liability Settlement by Property Type
| Residential properties | Commercial properties | Government-owned properties | High-risk properties (swimming pools, amusements parks, etc.) |
| $25,000 – $200,000 | $100,000 – $1,500,000 | $150,000 – $2,000,000 | $200,000 – $3,000,000 |
How much money the other party can pay you affects how much you can claim.
Commercial venues have more insurance than homeowners.
And risky businesses have more insurance than non-risky businesses.
Determining Liability in Premises Liability Cases
People who own or manage property have what’s called “duty of care”. This means:
- They have to obey local building codes
- They have to make sure there are no dangers on their property that could hurt other people
If you have an accident on someone else’s property, your lawyer will look at duty of care along with:
- Breach of duty
- Causation
- Damages
The Four Elements of Premises Liability
- Duty of care. Owners/managers must make sure the property is safe.
- Breach of duty. The owner/manager doesn’t maintain the property and someone gets hurt
- Causation. Was it only the owner/manager’s fault? Or was someone else to blame too?
- Damages. How much damage did the accident cause? Is the damage permanent or temporary?
The Role of Insurance Companies in Premises Liability Settlements
Insurance companies almost always pay premises liability settlements.
And they don’t enjoy doing it. So they look for ways to get out of it by claiming:
- You aren’t really all that hurt
- You were already hurt/injured
- You got hurt/injured afterward
- You were at least partly to blame
Once you claim compensation, the insurance adjuster will try to get in touch with you.
Refer him/her to your lawyer instead. The adjuster will try to:
- Get you to say/do something that could cost you compensation
- Pressure you into accepting less than you deserve
The Premises Liability Lawsuit and Settlement Process
- You get hurt
- You see a doctor to find out how badly you’re hurt
- You get a lawyer
- Your lawyer investigates, collects evidence, and files a claim
- The insurance company either denies compensation or makes a low-ball offer
- Your lawyer and the insurance agency talk it out and come to a reasonable settlement offer
- You take the settlement (most people do). Or…
- You don’t take the settlement and the case goes to court. The judge or jury decide the case
Statute of Limitations for Premises Liability Claims
Every state has a statute of limitations. It’s between one and six years from the date of your accident.
If you don’t file your claim before the deadline, you can’t file it. Ever.
Get a lawyer right after your accident. Start collecting evidence right away.
How a Lawyer Can Maximize Your Premises Liability Settlement
You’re not legally required to hire a lawyer. But you’ll definitely want one.
Your lawyer will:
- Investigate
- Collect evidence
- Find witnesses
- Deal with the insurance agency
- File your case
- Represent you in court and settlement negotiations
Insurance agencies will have good lawyers. Who are out to do everything they can to leave you high and dry.
You need a good attorney if you want a good chance of getting decent compensation.
What Happens After a Premises Liability Settlement Is Reached?
Reached a settlement? That’s a milestone. But the process isn’t over.
- You may be able to choose if you want a lump sum or regular payments. Pick carefully. You can’t “undo” your choice
- There will be paperwork to process. And your lawyer will get a cut of your money as payment
- Your doctor may also get a cut before you see the money, if you haven’t paid for medical services you’ve already received
Conclusion: Understanding Premises Liability Settlement Amounts
You can sue if you hurt yourself:
- On someone’s property
- At a business venue
- At a government office
How much compensation you’ll get depends on:
- How badly you’re hurt
- Where you got hurt
- If your injuries caused pain/suffering
- If the accident is 100% the venue’s fault
- How much evidence you have
No matter where, how, when, or why it happened, you’ll need a good lawyer.
Ledger Law can help you out with that one. Our lawyers are experienced. They have a winning track record.
Call us today to find out more.
Or to schedule a free initial consultation.
FAQs About Premises Liability Settlement Amounts
What is the average premises liability settlement amount?
It ranges between $10,000 and $3,000,000.
How much can you get from a premises liability settlement?
It depends on:
- Your injuries
- Blame
- Pain/suffering
- The venue’s track record
- Your evidence
- Place of injury
What factors affect premises liability settlement amounts?
- Where the accident happened
- How you got hurt
- How badly you got hurt
- How your injuries affect your life
- Who’s to blame
How long does it take to receive a premises liability settlement?
Simple cases can take months. Complicated ones can take years.
How is a premises liability settlement calculated?
- Economic damages get calculated first
- Pain and suffering (if there is any) is ranked and multiplied by economic damage sum
What types of injuries qualify for a premises liability settlement?
Any injury you sustain on the premises. As long as the premises’ fault.
Can I still get a premises liability settlement if I was partially at fault?
Yes.
Do I need a lawyer to get a higher premises liability settlement?
Yes.
What evidence is needed to prove a premises liability claim?
- Photos/videos
- Witness statements
- Medical records
- Expert witness testimony
- Evidence of venue’s safety record
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