Slip and Fall with Surgery: Understanding Settlements and Medical Bills
- Muammar Reed
- Feb 28
- 7 min read
Updated: Apr 8
Slip and fall accidents in California can cause serious injuries, sometimes needing surgery. If this happened to you, you might wonder how it affects your settlement and who pays for your medical bills. This article explains what impacts your settlement and how to get the most compensation
1) Will getting surgery get you a bigger settlement?
In California, slip and fall settlements depend on how bad the injury is. If you need surgery, your settlement might be higher because surgeries cost more.
For example:
Client A falls in a store, injures her lower back, and is only recommended for physical therapy. The medical bills are $5000.00.
Client B falls in a store, injures her lower back, and is recommended for spine surgery. The medical bills are $250,000.00
In this case, if liability/fault and causation are clear, Client B is likely to get a larger settlement than Client A who did not get surgery and has less medical bills.
2) What Can I Do to Maximize My Slip and Fall Settlements Amount?
To maximize your slip and fall settlement amount, consider the following steps:
a) Go See A Doctor Right Away: Promptly seek medical treatment for your injuries, and follow your doctor's advice and treatment plan to ensure a proper recovery. Don't delay your treatment. Insurance companies and stores will use gaps in your treatment to say you were not hurt.
For example:
Client A immediately goes to the Emergency Room after his fall.
Client B waits 2 months to see a doctor after his fall.
The insurance company or store is more likely to challenge Client B's injuries than Client A's injuries.
b) Document Your Injuries: Keep detailed records of all doctor visits, prescriptions, and rehab sessions related to your slip and fall injuries.
c) Preserve Evidence: Gather evidence from the accident scene, including photos, videos, and witness statements, to support your claim.
d) Consult with a Personal Injury Attorney: A skilled personal injury attorney can help you navigate the law, assess the value of your claim, and negotiate with insurance companies to secure fair payment.
In my 15 years of practicing law, I've seen numerous clients come in with $2,500.00 offers from insurance companies and I've seen insurance companies eventually pay out six figures in many of those cases. Insurance companies tend to low-ball injury victims who don't have attorneys because they don't generally know the value of their case.
3) Slip and Fall Settlements with Surgery & Calculating Damages
When a slip and fall accident in California results in the need for surgery, your settlement amount may increase to account for the following:
a) Medical Expenses: Your settlement should cover all medical expenses, including surgery, hospitalization, doctor visits, medications, and rehabilitation costs.
For example:
Insurance adjuster Bob tells Client A that it will pay $5,000.00 for her injury. When Client A's attorney sends Bob her $50,000.00 paid hospital emergency room bill, Bob will likely increase his offer to include the new medical bill if Bob's insurance policy is large enough and liability is not disputed.
b) Lost Wages: If you are unable to work during your recovery, your settlement should compensate for lost wages and potential future lost earning capacity.
c) Pain and Suffering: Compensation may be awarded for physical pain, emotional distress, scarring, disfigurement, inconvenience, and reduced quality of life resulting from the injuries and surgery.
For example:
Client A has had a low back surgery, knee surgery, and neck surgery related to a serious accident.
Client B had 2 months of physical therapy and does not need surgery.
Insurance adjuster Susie is likely going to give more money to Client A for pain and suffering as a jury is likely to believe a person that had 3 surgeries likely had more pain and suffering that Client B that had physical therapy.
4) Range of Slip and Fall Settlement Amounts
The settlement amounts in slip and fall cases in California can vary widely depending on the circumstances of the accident, the severity of injuries, and the liability of the responsible party. Some settlements may be relatively small, covering medical expenses and minimal damages, while others can be substantial, especially if the injuries are severe and require surgery or result in long-term disability.
If liability/fault and causation are clear, in my experience here are the settlement ranges:
Minimal Treatment: 4-5 Figure Settlements
Invasive Surgery: 6-7 Figure Settlements
Catastrophic Injuries/ Death: 6-8 Figure Settlements
These ranges can depend on several factors, including, but not limited to:
The amount of insurance coverage available?
Whether you are partially at fault for the accident?
Whether you had any pre-existing injuries?
For example:
Client A slips and falls delivering pizza at a house that has no homeowner's insurance and the homeowner is underwater on the house mortgage.
Client B drops the pizza on the porch of a house and then Client B slips on the pizza that he dropped.
Client C had a knee surgery two months before slipping and falling at a house and she re-injures her knee.
In these examples, Client A may be seriously hurt, but if there is no insurance it will be difficult to recover anything from the homeowner. Client A could get a judgment, but the judgment may not be worth much if the homeowner cannot pay it.
Client B dropped the pizza that he slipped on, so an insurance company or homeowner will argue that he was the negligent person and caused the dangerous condition to be present.
Client C's case will be affected by the prior knee surgery in two directions. Client C's attorney will likely argue the injury was made worse by the accident and the insurance company will likely say the knee injury was pre-existing and they should not have to pay for it.
5) Who Pays Your Medical Bills After a Slip and Fall?
In the immediate aftermath of a slip and fall, your medical bills will typically be covered by your health insurance, if you have health insurance. Many people do not have any health insurance and may receive a large bill from a hospital or ambulance company. Others may start with a doctor or clinic that accepts personal injury liens (or treatment on credit secured by your personal injury case).
If the accident occurred on someone else's property due to their negligence, the business or store's liability insurance may ultimately cover your medical expenses, but it's usually through reimbursement.
I've seen numerous clients get tricked by insurance companies into thinking they will find you medical treatment. They don't ever intend to find you medical treatment. They want to string you along long enough to where they can use your lack of medical treatment against you.
6) Common Surgeries After a Slip and Fall Accident
Slip and fall accidents can cause serious injuries that sometimes require surgery. The type of surgery needed depends on the injury and its severity. Here are some of the most common surgeries after a slip and fall:
Spinal Surgery
Falls can cause serious back and neck injuries, including herniated discs or fractures. If physical therapy and medication don’t help, doctors may recommend:
Spinal fusion – Fusing two or more vertebrae to stabilize the spine.
Discectomy – Removing a damaged disc to relieve nerve pain.
Laminectomy – Removing part of the vertebra to ease pressure on the spinal cord.
Hip Replacement or Repair
Hip fractures are common in slip and fall accidents, especially for older adults. Treatment may involve:
Hip replacement – Replacing the damaged joint with an artificial one.
Hip pinning – Using screws or plates to stabilize the bone and help it heal.
Knee Surgery
A hard fall can damage the knee, leading to:
ACL or Meniscus Repair – Fixing torn ligaments or cartilage.
Knee replacement – Replacing a severely damaged knee joint.
Shoulder Surgery
Landing hard on the shoulder can lead to fractures, dislocations, or torn rotator cuffs. Common surgeries include:
Rotator cuff repair – Fixing torn shoulder tendons.
Shoulder replacement – Replacing a damaged joint for better movement.
Wrist or Ankle Surgery
Many people try to break their fall with their hands or feet, leading to broken wrists or ankles. Treatment may require:
Open reduction and internal fixation (ORIF) – Using metal plates, screws, or rods to fix broken bones.
Arthroscopy – A minimally invasive surgery to repair joint damage.
Head and Brain Surgery
If a fall causes a serious head injury, surgery may be needed to reduce swelling, stop bleeding, or repair fractures. This can include:
Craniotomy – Removing part of the skull to relieve pressure.
Hematoma removal – Draining blood buildup around the brain.
7) What If A Store Denies Fault For My Slip & Fall
IWhen someone slips and falls at a store like Target, Costco, Ralph’s, or a restaurant, the store almost always says, “It’s not our fault!” Even if they agree to pay money later, they still usually say, “We’re not saying we did anything wrong.”
But don’t worry — just because a store says it’s not their fault doesn’t mean your case is over. The next step is to take the case to court. For slip and fall accidents, stores usually won’t pay unless you file a lawsuit first. (Car accident cases are different — those often settle without going to court.)
Once the case starts, both sides have to share information. This is called “discovery,” and it includes things like answering questions, looking at photos and videos, talking to witnesses, and checking out the place where the fall happened. After that, it becomes clearer if the store did something wrong.
Stores usually try to say one of three things:
Nothing was dangerous.
They didn’t know about the danger.
You should have seen the danger and avoided it.
But during discovery, we can sometimes prove those things aren't true.
For example:
Client A slipped at Ralph’s because someone spilled detergent on the floor. Ralph’s first said they didn’t know about the spill. But later, one of their workers said in a recorded interview that they did see the spill — they just didn’t clean it because the store was really busy.
Conclusion:
Experiencing a slip and fall with the need for surgery can be a challenging and stressful situation. To ensure you receive fair compensation for your injuries and medical expenses, seek immediate medical attention, document your injuries and treatment, preserve evidence, and consult with a personal injury attorney. Your settlement amount will depend on the severity of your injuries, the impact on your life, and the liability of the responsible party. Remember that your health insurance may initially cover your medical bills, but ultimately, the liable party's insurance should cover expenses related to the slip and fall injuries.
This article is not legal advice and does not create an attorney-client relationship. Each case is different and it is recommended that you consult a licensed attorney in your area if you have been injured or have a potential personal injury case.