One of the most common cases a New York personal injury lawyer will have to deal with has to do with slip and fall accidents. State law is stringent regarding liability in such cases and is designed to provide victims with the necessary tools to seek compensation from the at-fault party.
A slip and fall accident can occur due to a variety of reasons and can result in serious injuries being suffered by the victim.
However, determining who is at fault and proving negligence is not always an easy thing to do. That is why victims need to hire a slip and fall lawyers in Long Island to handle their personal injury lawsuits.
The Law Office of Carl Maltese has been helping slip and fall victims recover fair compensation for their injuries for many years now. Anyone in need of the services of a good law firm can call and schedule a free consultation. We can also advise on who pays for a construction accident in NY.
What Is a Slip and Fall Accident?
A slip and fall accident is a type of premises liability case that involves the victim falling and getting injured due to hazards that could have been avoided by the at-fault party.
Things such as failure to maintain safe environments or provide adequate warning signs for visitors in a building can easily lead to a slip and fall lawsuit in which the property owner or manager is held liable.
If the victim can prove that their slip and fall injury and subsequent losses were due to someone else's negligence, they can walk away with a sizeable settlement.
However, New York law can be complicated, which is why victims need an experienced slip-and-fall attorney to handle the case and ensure the at-fault party or their insurance company pays for their damages. As well as explain who pays for a dog bite in NY.
Common Slip and Fall Injuries Suffered by Victims
A slip and fall accident can result in a wide variety of injuries being suffered by the victim, which will affect the amount of compensation they can win.
In some cases, the victim can walk away with some sore muscles or a few minor bumps and bruises. While these are hardly life-threatening, New York law still entitles the victim to seek compensation from the liable party.
However, in the worst-case scenarios, slip and fall accidents can result in very serious injuries, such as broken bones or traumatic brain injuries. Permanent disability can also occur, which would change the victim's life forever.
When slip and fall accidents happen to the elderly, death could also be the result. In such cases, the slip and fall claim can be filed by the deceased person's family members to seek wrongful death compensation from the at-fault party.
Who Is Liable in a Slip and Fall Case?
Before determining who the liable parties in slip and fall cases are, it is important to look at the particular circumstances surrounding the incidents. In most cases, any of the following parties can be held responsible for a slip and fall accident:
Property owner
Building manager
Construction company
Cleaning company or other third-party contractors
Government entities
Insurance company
Are Property Owners Always Liable for Incidents That Occur on Their Premises?
When a slip and fall accident occurs on someone else's property, the natural reaction is usually to blame the property owner or manager and expect them to pay for all the medical expenses and other damages.
However, while the property owner does owe a duty of care to visitors and licensees who are on their property, this does not extend to trespassers. As such, if the injured party was not lawfully allowed to be on the property, winning their slip-and-fall settlement will be difficult.
The only exception is in cases where the trespassers are children. Here, property owners may still be held liable for any injuries suffered by the victims even if the children entered the premises unlawfully.
How to Prove Negligence in a Slip and Fall Case
To prove that property owners are liable for damages in a slip and fall case, a good personal injury lawyer will have to show the following:
The property owner was aware of the hazardous condition before the slip and fall accident occurred but did nothing about it.
There is reason to believe that the property owner reasonably should have been aware of the hazard that led to the slip and fall injury.
The property owner created the hazards that led to the accident.
How Is a Slip and Fall Settlement Calculated in New York?
To calculate the value of a personal injury claim in slip and fall cases, lawyers and insurers often look at the economic and non-economic damages suffered by the victim. The following factors determine the amount of compensation the victim is likely to receive:
Medical Bills
Medical expenses usually make up the bulk of the damages that can be sued for in a slip and fall accident claim.
These medical bills usually cover a wide range of treatments and care provided to the victim, which may include hospitalization, medication, surgeries, diagnostic testing, X-rays, and rehabilitation.
Lost Wages
If the victim has to take time off work while recovering from their injuries, they may lose a lot of money through lost wages, which the liable party will have to compensate them for.
Pain and Suffering
Any pain and suffering or emotional distress that the victims suffer also has to be taken into account when determining the value of the slip and fall case. It will be up to the judge to determine how much money to award the victims.
Long-term Disability
Some slip and fall injuries are so serious that they will affect the victim for the rest of their lives. A good example is when long-term disability is caused by the fall. Here, the court will have to consider the ongoing medical bills the victims will have to pay and account for these in the settlement amount.
Average Slip and Fall Accident Settlement Values
In most cases, the value of a slip-and-fall case in New York ranges from $10,000 to $50,000. However, settlements fluctuate all the time, and it is common for victims to walk away with a lot more than that in cases where they have suffered serious injuries.
The Law Office of Carl Maltese Can Help
Having to shoulder huge medical bills while dealing with lost earnings can be very difficult for most slip-and-fall victims. In such cases, having a compassionate and experienced lawyer can make a huge difference in the outcome of a New York slip-and-fall settlement.
The Law Office of Carl Maltese is ready to help. Victims can visit its Long Island offices for a free consultation today.