How Slip and Fall Settlements Are Calculated in NY: A Guide

Slip and fall accidents happen fairly often, and depending on the circumstances, they can introduce a series of unfortunate circumstances into the lives of victims. In some cases, the effect is minor. However, in others, fall victims end up with severe injuries that change their lives temporarily or permanently.

One of the initial concerns of those affected may be finding out what the average slip and fall personal injury settlement looks like. This is not a recommended approach, as each claim is unique. An attorney will do the necessary work to seek compensation in line with the impact of the fall. Have a look at the information below to get an idea of what determines the figure. Our team of attorneys can also help with how construction accident settlements are calculated in NY.

Understanding Slip and Fall Accidents

A slip and fall accident is an incident in which a person is injured due to hazardous environmental conditions. Such occurrences can happen in a variety of settings, such as public sidewalks, company buildings, or private residences.

The applicable property owner is responsible for maintaining a safe environment so no injury from unstable or slippery surfaces is possible. Depending on the circumstances, the negligent party in one of these incidents can be a private individual, a company, or even the government.

For a personal injury claim to succeed, a slip and fall attorney will aim to demonstrate that there was a responsibility on the part of the negligent party to maintain a reasonably safe premises, and there was a failure to do so.

Common occurrences under the slip and fall umbrella include falls on the same level, uneven surfaces, inadequate lighting, and failure to warn of known dangers.

The calculation of a fair settlement tends to consider how the fall happened and what the effects are on the victim.

New York Slip and Fall Laws

New York premises liability laws dictate that property owners need to maintain all of their properties in a “reasonably safe condition.”

The legal definition of “reasonably safe" is subject to interpretation and is determined by a court of law on a case-by-case basis. A personal injury attorney bears the responsibility of demonstrating to the court what this definition looks like in the context of the incident, as well as how the negligent party failed to do their duty properly.

If the premises on which the victim fell is considered to be reasonably safe, the entity responsible for owning or operating the premises will not be held liable for injuries. Since there isn't a set definition that lays out what this term means, affected parties are highly encouraged to retain the services of a skilled and experienced attorney.

The negligent party will do everything possible to lower the settlement amount or avoid it altogether, which means there will be no hesitation in the retention of a seasoned lawyer to make a strong case.

Without doing the same, victims put themselves in a position where they do not have the expertise necessary to deal with the legal complexities of the matter. This may mean foregoing fair compensation when it could have been secured.

It is essential to think about factors, such as the medical bills that were incurred, especially if there are more to come. There is no reason why the party responsible for the injuries sustained should not have to cover these costs. For more information, a Long Island slip and fall lawyer may be able to help.

Factors Affecting Settlement Amounts

As indicated before, the result of a slip and fall lawsuit is unique, as it depends on the applicable circumstances. The factors that form a part of this consideration are as follows:

1. Injury severity - Serious adversities, such as spinal cord damage or traumatic brain injuries, tend to attract higher compensation. This is because of the excessive medical requirements and the potential long-term impact.

2. Insurance policy - The limits of the policy held by the negligent party will determine the maximum amount that an insurance company will pay to the victim for the different categories of awards, such as medical expenses and lost wages.

3. Legal representation - Navigating the complexities of securing a fair slip and fall lawsuit payout necessitates the expertise of an attorney. With an abundant knowledge of the law, skilled legal professionals present compelling evidence, advocate for fair compensation, and negotiate with insurance companies.

4. Affected earning capacity - If the accident has negatively affected the victim's ability to earn, the negligent party will need to cover this. Some persons may not be able to work going forward, which means the settlement amount will make provisions for future lost wages.

   
   

Proving Liability in Slip and Fall Cases

Successfully proving that a slip and fall was the result of the property owner’s negligence instead of a mistake on the victim's part generally relies on the following three conditions:

1. Owner's negligence - Considering that many of the elements of the incident rely on some form of interpretation, this can be trickier than it may sound. Even so, there must be no doubt that a failure to maintain a reasonably safe premises has occurred.

2. The presence or absence of an experienced slip and fall attorney to argue the case - By now, it should be clear that a personal injury lawyer should be a part of the process. Remember that the core premise does not have a concrete definition. The position of the victim needs to be argued with strong legal backing. Only a seasoned attorney can do this on behalf of the affected party.

3. Comparative negligence - Since comparative negligence applies in New York, there needs to be considerations made for it. While slip and fall settlements consider the extent of negligence of the property owner, the actions of the victim in the matter are not disregarded. Sometimes, the injured party bears fault as well. In fact, there are cases in which the plaintiff is completely at fault.

   
   

Economic Damages in Personal Injury Lawsuits

Economic damages include the money that the victim spent or lost because of the accident. This is why a fair settlement is designed to account for past and future losses that relate to the incident. To this end, it is very important to ensure that all forms of documentation that record accident-related costs are retained and provided to the slip and fall lawyer.

A typical payout may include medical expenses, lost wages, and property damage on the economic side of the fence. Further to the point made above, this means that medical records, pay slips, receipts, and the like need to be available.

Non-Economic Damages in Slip and Fall Claims

Non-economic damages include compensation for the physical and emotional pain that the victim suffered. It also speaks to other areas of quality of life that have been lost because injuries have introduced mobility or other issues.

As is the case with economic damages, the non-economic variant should include both past and future components. Some of the typical elements of this segment of settlement calculations include pain and suffering, emotional distress, loss of enjoyment of life, and physical trauma.

These kinds of damages are not characterized by any receipts or documentation that provide monetary figures as a point of reference. Therefore, attorneys will use their collected knowledge of the situation, as well as prior experience, to make a fair determination.

The Role of Insurance Companies

The concept of personal injury law is almost synonymous with the struggles that victims go through in their engagements with insurance companies. These firms will do everything possible to reduce the payout, so it’s essential to have a strong case. They are even willing to fake care for the victim and check in just to hear even a semblance of a statement that would suggest the injuries are not too bad.

This is why legal professionals will typically handle communications with insurance firms. Among the responsibilities of an experienced attorney, one of the most important is the assistance offered to the victim in navigating negotiations and thwarting underhanded attempts by the insurance company to swindle the injured party out of what is deserved.

Maximizing Compensation

There is no way to guarantee a higher settlement, but it is possible to protect the right to just compensation by working with an experienced lawyer. The legal team will work to secure the maximum amount for the slip and fall injury.

Ensure to choose a law firm with expertise in these kinds of cases. This one decision can help secure settlements that genuinely reflect the extent of the damages suffered. Our team can also advise on how dog bite settlements are calculated in NY.

While many of the firms out there have experience with personal injury matters, they may not necessarily have the kind of background that is suitable for dealing with the specific circumstances presented, which is a problem.

Schedule a FREE Consultation Today with a Seasoned New York Slip and Fall Attorney!

Slip and fall accidents are not easy to deal with, especially when they cause injuries that necessitate extensive medical treatment. This is why negligent parties should not be allowed to get away with ignoring their responsibilities.

Have you been injured in a slip and fall incident in New York? If so, you may be entitled to compensation. The Law Office of Carl Maltese has the knowledge and experience necessary to secure the settlement you deserve. Schedule a free consultation today!