What Are The Average Slip and Fall Settlement Amounts in Ontario?

Slip and fall accidents can happen unexpectedly, leading to physical injuries, emotional distress, and financial burdens. If you’ve been injured in a slip and fall incident, you might be wondering about the average slip and fall settlement amounts in Ontario.

Understanding how these amounts are calculated can help you make informed decisions about pursuing compensation and navigating the claims process.

What Are the Average Slip and Fall Settlement Amounts in Ontario?

In Ontario, slip and fall settlements vary widely, typically ranging from $50,000 to $150,000 or more. The exact amount depends on several factors, including the severity of the injury, the impact on your quality of life, and the circumstances of the accident. 

For instance, settlements for minor injuries, like a sprained ankle, tend to be on the lower end of the spectrum, while severe injuries requiring surgery or long-term rehabilitation can result in significantly higher compensation.

How Do Slip and Fall Injury Settlement Amounts Work?

At WVGB Law Group, we estimate a case’s value by analyzing prior case law and considering the specific details of the injury. For instance, general damages for a fractured humerus in someone in their 60s might range from $65,000 to $80,000, based on similar cases. 

Key factors such as whether the injury affects the dominant or non-dominant arm, the individual’s profession, and their ability to adapt to the injury are all taken into account. 

Ultimately, slip and fall settlement amounts in Canada are based on different types of damages, which include:

• General Damages: These address non-economic losses, such as pain and suffering and loss of enjoyment of life.
• Loss of Income: If your injury prevents you from working, you may be compensated for current and future income losses.
• Medical and Rehabilitation Costs: Rehabilitation expenses, such as physiotherapy, occupational therapy, or chiropractic care, are also considered in the settlement.
• OHIP Subrogated Claims: In Ontario, if OHIP covers your medical expenses (e.g., x-rays or hospital visits), it has the right to recover those costs from the defendant. These amounts are added to the settlement but aren’t paid to the claimant.
• Future Care Costs: Severe injuries requiring long-term medical care or assistance may lead to additional compensation for anticipated future expenses.
• Interest and Out-of-Pocket Expenses: The court might award more for interest or out-of-pocket expenses, but these tend to be smaller components. 

We always involve our clients in the settlement process, providing a clear breakdown in plain language so they understand how we’ve arrived at a specific number. 

It’s also important to set realistic expectations, as settlement amounts in Canada are typically more modest compared to the generally higher payouts seen in the U.S. 

Slip and Fall Settlements Example

Let’s take a specific example and explain how their settlement amount is calculated: 

A person slipping on ice and fractures their arm. It heals well, but may present a future risk for arthritis. 

• General damages for their pain and suffering might be $65,000. 
• They miss 12 months of work with an annual salary of $70,000, so they would receive $70,000.
• Medical and rehabilitation costs for ongoing treatment might total $20,000. 
• OHIP’s subrogated claim could be $15,000 for covered medical expenses.

We then add those amounts to get our compensation total:

• $65,000 (general damages)
• $70,000 (loss of income)
• $20,000 (medical costs)
• $15,000 (OHIP subrogated claim)

Total settlement amount: $170,000.

The court may also award compensation to help offset legal fees, typically ranging from 10% to 15% of the claim’s value. Also note that HST applies to these legal fees, which can further impact the final payout.

Contingency Fees

Lawyer fees are often based on a contingency arrangement, meaning the lawyer is paid a percentage of the settlement. These fees typically range from 25% to 35%. Using the same $170,000 example, a 30% contingency fee would amount to a payout of $119,000. 

A good lawyer should clearly explain contingency fees, how they work, and ensure all deductions and components of the claim are calculated accurately so clients fully understand their financial outcome.

What Are Slip and Fall Settlements With Surgery?

Slip and fall cases requiring surgery often lead to higher settlement amounts due to the severity of the injury and associated costs. Injuries that require surgical intervention could push the case’s value into six figures. 

In such cases, the settlement must also account for post-surgery rehabilitation, additional medical expenses, and extended time off work.

What Are Slip and Fall Settlements Without Surgery?

For injuries that do not require surgery, settlement amounts tend to be lower but still significant. Soft tissue injuries like sprains that don’t require surgery might lead to settlements of $10,000 to $30,000, while a fractured arm might settle for $65,000 or more.

While these cases may not involve surgery, they can still impact your life significantly, making it crucial to work with an Ottawa slip and fall lawyer to ensure fair compensation.

What Should I Do for My Slip and Fall Case?

If you’ve experienced a slip and fall, taking the right steps can make a significant difference in the outcome of your case:

1. Seek Medical Attention: Prioritize your health by visiting a doctor immediately. Proper documentation of your injuries is critical for your case.

2. Report the Incident: Within 10 days of the incident, you should file a report with the property owner, landlord, or city if applicable. 

3. Avoid Quick Settlements: Do not accept a settlement offer without consulting a lawyer. Quick offers often undervalue the true cost of your injury.

4. Consult a Lawyer: An experienced injury lawyer in Ottawa can guide you through the process of filing a slip and fall claim in Ontario. 

5. Be Mindful of Deadlines: For a slip and fall in Ontario, you have 60 days to notify the city of your claim if it involves municipal property, such as a sidewalk. If the accident occurred on private property, you have two years. Missing a deadline could jeopardize your claim. 

Do not try to handle your case alone. Consulting an Ottawa slip and fall lawyer can help you better understand your specific case and maximize your potential settlement. A good lawyer will help ensure that your rights are protected and you receive fair compensation. 

Liability and Settlement Amounts

The type of accident and liability can also affect settlement amounts for slip and falls. Slip and falls on private property often have clearer liability, making them easier to resolve and resulting in more straightforward settlements.

By contrast, if you’re wondering whether you can sue the city for falling on a sidewalk, the answer is “yes.” However, these cases are more complex. Municipalities may avoid liability if they’ve taken reasonable maintenance steps, but failures like uneven sidewalks or lack of proper signage could still justify a claim.

Key Takeaways on Slip and Fall on Ice Settlements

Slip and fall accidents can lead to significant physical, emotional, and financial challenges. Understanding typical settlement amounts, how they’re calculated, and the value of a skilled lawyer can help you navigate the process smoothly. 

At WVGB Law Group, our experienced team of Ottawa slip and fall lawyers is dedicated to helping clients achieve fair outcomes for their personal injury claims in Ontario. Whether you’re dealing with a fall on private property or public sidewalks, we’re here to support you every step of the way. Contact us today for expert guidance on your claim.