New York City slip and fall settlements can vary widely from a few thousand to over $1 million, depending on several key factors, like the severity of the injuries, the extent of lost income, whether there are any permanent disabilities, and the amount of insurance coverage or other assets available.
Because every slip and fall case is unique, with its own circumstances and challenges, the concept of an average slip and fall settlement is not particularly meaningful. The specific facts of your case are what matters. An experienced slip and fall lawyer at David Resnick & Associates, P.C., can help you understand your legal rights and options and provide an informed estimate of how much your case might be worth.
Contact experienced personal injury attorney David Resnick now for a free consultation to discuss your unique situation and your best legal options for maximizing your slip and fall compensation.
What Factors Influence the Value of NYC Slip and Fall Settlements?
Various factors influence slip and fall settlement amounts in New York City. Some of the most significant factors in a personal injury settlement include:
- The severity of your injuries
- The permanence of your injuries
- The extent of your past and future medical treatment
- The cost of your medical expenses
- The amount of your lost income and reduced future earning capacity
- The pain and suffering you experienced
- The applicable insurance policy limits
- The negotiation and litigation skills of your slip and fall injury lawyer
How Are NYC Slip and Fall Settlements Calculated?
Due to the different types of damages available, New York slip and fall settlements are calculated in several ways. The first step is to calculate your economic and non-economic damages.
Economic damages refer to compensation for your tangible financial losses, such as your medical bills, lost wages, and expenses related to disability accommodations. To calculate these damages, your attorney will add up your bills and estimate your future costs based on your past expenses. In general, more severe injuries result in higher economic damages.
Non-economic damages refer to compensation for your intangible losses, such as the pain and suffering you experienced and your injuries’ impact on your quality of life. Although intangible losses do not come with a receipt like medical bills and other tangible losses, non-economic losses are just as compensable. Our law firm has methods to calculate the fair value of your pain, suffering, lost quality of life, and similar losses. It often involves applying a multiplier to the sum of your economic losses.
New York also uses a pure comparative negligence rule that reduces a plaintiff’s damages by a percentage equal to their degree of fault. If you share fault for the fall accident, your damages may be reduced. However, our experienced lawyer can fight to minimize the fault attributed to you to maximize your compensation.
What Should I Do if I Have Been Injured in a Slip and Fall Accident?
If you suffered injuries in a slip and fall accident due to someone else’s negligence, it’s essential to take the following steps to prevent your injuries from worsening and to strengthen your personal injury case:
- Seek immediate medical treatment and follow up with your treatment until you fully recover or will not recover further. Make sure to keep all bills related to your treatment.
- Report the incident to the property owner and request a copy of their internal report if it occurred in a business.
- Gather evidence by photographing the hazard that caused you to fall and your visible injuries. You should also collect witness contact information at this time.
- Avoid providing a statement to the insurance company, as they’ll try to use it to reduce the value of your case.
- Contact our New York City slip and fall lawyer to handle your case while you recover.
Are Slip and Fall Injury Claims at Work Treated Differently?
Slip and fall injuries at work typically fall under New York’s Workers’ Compensation Act. Workers’ comp is a no-fault system that provides medical treatment and partial wage loss benefits to employees injured on the job in exchange for not being able to sue their employers for injuries.
If you are an independent contractor or a third party unrelated to your employer is responsible for your injury, you can still seek damages through a third-party personal injury lawsuit. Our experienced lawyer can help you determine your options for seeking compensation from every available source.
How Do I File an NYC Slip and Fall Injury Claim?
Slip and fall injury lawyer David Resnick can prepare and serve the at-fault party’s insurance company with a demand letter and then negotiate to seek a settlement that covers all your losses. If the insurance company doesn’t offer a fair settlement, he can file a slip and fall lawsuit with the NYC Civil Court or Supreme Court, depending on the extent of your damages.
How Long Can It Take for a Slip and Fall Case to Settle in NYC?
Many NYC slip and fall cases settle within a few months. However, if your case is complex or your injuries are particularly severe, it may take more than a year. Some injury victims want and need their compensation as soon as possible because of their bills. But in many cases, holding out for a better settlement can be beneficial.
By not accepting the first settlement offered by the at-fault party’s insurance company, your lawyer can negotiate for a better settlement that covers more of your losses. Additionally, if you have injuries that require long-term treatment, it’s often a good idea to reach maximum medical improvement before settling your case so your lawyer can better estimate your future medical expenses.
What Is the Statute of Limitations in NYC for Filing a Slip and Fall Injury Lawsuit?
Under New York’s statute of limitations for personal injury claims, slip and fall victims have three years to file lawsuits against the parties responsible for their injuries. The notice deadline is much shorter if the claim is against a governmental agency.
Failure to file your lawsuit within this period will result in the courts barring you from seeking compensation. It’s essential to begin working with a slip and fall injury attorney at David Resnick & Associates, P.C., as soon as possible so we can gather the evidence necessary for proving your case.
Contact a New York City Slip and Fall Injury Lawyer
If you were injured in a New York City slip and fall incident, contact attorney David Resnick for a free consultation with an experienced personal injury lawyer. During your initial consultation, our lawyers will review your slip and fall claim, explain your options for seeking the compensation you need, and guide you through the legal process.
