Slip and Fall Fracture Settlements and Verdicts When a Court Orders a New Trial

Slip-and-falls can lead to serious injuries with long-lasting implications. However, judges and juries often downplay these incidents, even when they result in broken bones and fractures.  Although documented fractures should impact a person’s pain and suffering award, Pennsylvania courts do not always view it that way. In fact, a recent Superior Court decision highlights how courts can diminish the value of a person’s pain even when the victim experienced a fracture.

​Slip and Fall Damages in Pennsylvania

Generally, slip-and-fall damages involve economic losses and non-economic losses. The specific type and amount of damages depends on the veracity and weight of the victim’s evidence. 

Common categories include the following:

• ​Medical Bills. Emergency care, imaging, follow-up visits, therapy, and future treatment may be part of your damages when a doctor ties those services to the fall.
• Lost Income. Time missed from work and reduced earning ability may be recoverable when the injury limits what you can do over the long term.
• Pain and Suffering. Day-to-day physical pain, limits on movement, and changes to routines and activities often form the core of this category.
• Loss of Life’s Pleasures. This category focuses on hobbies, family activities, and other parts of life that you cannot do the same way after the fall.

These damages are not presumed or automatic. Defense teams commonly try to diminish a person’s pain and suffering by establishing that the victim’s pain does not substantially impact their livelihood. 

Broken Bone Pain and Suffering After a Slip and Fall

Pain and suffering is generally one of the most contested parts of a broken bone or fracture case. While imaging can show a tear, sprain, fracture, or break, it cannot quantify pain or ongoing symptoms. As a result courts and juries typically look at evidence such as follow-up care, therapy, medication use, work restrictions, and consistent complaints documented over time. 

On the other hand, defense teams often use proof of a gap-in-treatment to show that the person is not entitled to pain and suffering damages. Similarly, defense attorneys will point to skipped occupational or physical therapy to show that the victim’s pain must not be as severe as they claim. Even though there are many viable reasons why an injured person might not be able to consistently attend therapy. 

​When Courts Order a New Trial on Damages

​A new trial on damages is a do-over, limited to the money part of the case. Judges can order it in narrow situations, including when a verdict is so out of line with the evidence that it suggests unfairness, mistake, or a failure of justice. That standard is intentionally high. Appellate courts also consider who is making the call. A judge who sat through the trial observed the witnesses and the courtroom tone. A judge who inherits the case after trial often has a colder record and less ability to evaluate credibility. That difference can matter when the question is whether a jury simply weighed the evidence differently than a judge would have.

Red Robin Slip and Fall Case Exton, Pennsylvania

​In the January 22, 2026, decision, the Superior Court reviewed a Chester County slip and fall that involved a fractured right elbow after a fall inside a Red Robin in Exton. The injured person pursued non-economic damages, focusing on pain and suffering and related impacts on their life. The defense disputed liability, pointed to a wet floor caution sign, and also disputed the extent of the injury. At trial, the evidence included medical testimony on the fracture and the recovery, along with facts the jury could use to evaluate how much the injury disrupted daily life.

The jury initially attempted to return a verdict placing most of the fault on the restaurant and awarding zero dollars. The trial judge did not accept that and instructed the jury that it needed to award some damages. No one objected at the moment. The jury then returned with a $1,000 award. Post-trial litigation followed, and the case went up and back more than once. On remand, a different judge granted a new trial on damages only, finding the award inadequate. The restaurant appealed again.

The Superior Court vacated the new trial order and remanded the case, effectively rejecting the do-over. The opinion emphasized that the jurors heard conflicting evidence not only about fault, but also about the degree of injury and the level of pain and suffering. The record included points the defense used to argue minimal impact, including limited treatment, no missed work, a family vacation shortly after the incident, and a lack of therapy despite recommendations. The defense also presented medical opinion evidence suggesting resolution and a full recovery. The injured person’s medical proof supported ongoing limitations and future risk, yet the court treated this as a classic credibility and weight question for the jury.

The takeaway is not that fractures are minor. The takeaway is that juries can discount pain and suffering when the story of day-to-day impact does not come through consistently and convincingly, and appellate courts often leave that call to the jury when the evidence is mixed.

​Can a Judge Increase a Low Slip and Fall Verdict

​Pennsylvania does not let a judge simply rewrite a jury’s number to what seems fair. There are limited tools after trial, including requests for a new trial on damages or for an additur in the right setting. Those requests rise or fall on the record. If the defense introduced facts that plausibly undercut ongoing pain, such as long gaps in care, improvement noted in records, or minimal functional impact, the verdict may survive even if it feels low for a fracture. That is especially true when the jury also made a comparative fault finding, since jurors sometimes compromise across fault and damages as part of the same overall decision.

​What to Do After a Slip and Fall Fracture

A fracture can heal on a timeline that looks neat on paper, while your day-to-day life stays messy for weeks. The way you handle care, documentation, and follow-through in the early stretch after the fall often shapes how an insurance company values the claim and how a jury hears your story later.

Start with medical care that creates a clean record. Getting evaluated quickly and returning for follow-up visits gives doctors a chance to track swelling, range of motion, pain levels, and work limits over time, and those details become the backbone of your damages proof.

If therapy is recommended, treat it like part of your recovery plan, not an optional add-on. When cost, scheduling, transportation, or childcare creates a barrier, raise it directly with the provider and ask that it be noted, since insurers regularly argue that skipped therapy means the injury was not serious or symptoms resolved.

Keep a plain, honest log of what the injury changes in your routine. Notes about gripping, lifting, driving, sleep interruptions, cooking, showering, and other everyday tasks help connect a diagnosis on an X-ray to the real limitations you dealt with, without turning your claim into a performance.

Preserve scene evidence and paperwork as soon as you can. Photos of the area, your shoes, the condition of the floor, and any incident report details can become harder to recreate later, and witnesses become harder to locate as time passes.

Even with a fracture, insurers often push back on pain and suffering and focus on gaps, inconsistencies, and anything that suggests quick recovery. A lawyer can organize the proof early, anticipate the arguments that commonly show up in these cases, and keep the claim moving while you focus on getting better.​

Philadelphia Slip and Fall Lawyer

​If you are dealing with a fracture after a slip and fall, a free consultation can help you understand what your claim may actually require. MyPhillyLawyer can review where the incident happened, what the records show, and how insurers may try to minimize pain and suffering. Call (215) 227-2727 to talk through your situation and the next steps that make sense for your recovery and your case.