(914) 220-1086When you’re going about your daily life, you might accidentally fall and get hurt. Sometimes, these falls are nothing more than bad luck, like stumbling over a curb because you weren’t watching where you were going. In other cases, a slip and fall is caused by a dangerous condition, like a spill on the floor of a grocery store that wasn’t cleaned up properly.
If your fall was caused by someone else, you might be able to file a premises liability lawsuit against the property owner. Like other types of personal injury claims, slip and fall lawsuits are usually resolved outside of court through settlement. A New York slip and fall attorney can help you get maximum compensation for your medical bills, lost wages, emotional distress, and other losses.
The Law Offices of Thomas L. Gallivan represents individuals throughout New York who have been hurt in all types of accidents, including slips and falls. We handle all cases on a contingency fee basis so that you never have to worry about how you will pay for a lawyer. Contact our law firm today to schedule a free initial consultation with a New York personal injury attorney.
What Your Slip and Fall Settlement Should Include
In any personal injury case, you may be entitled to recover financial compensation for your losses. This compensation is divided into 3 categories known as damages: economic damages, non-economic damages, and punitive damages. Together, economic and non-economic damages are considered compensatory damages. They are available in every slip-and-fall case, while punitive damages may be awarded in limited circumstances.
Economic damages essentially pay you for any financial losses that you may have suffered as a result of your accident. For example, if you need surgery and are out of work for a month after a slip and fall accident, economic damages will cover those losses. These damages include money for things like medical bills, future medical treatment, property damage, lost wages, and reduced earning potential.
Non-economic damages pay for the emotional harm that you suffered because of your fall. These losses are no less important than economic damage, but they can be harder to prove since you won’t get a bill in the mail. Our New York slip and fall attorneys will work with experts to develop a claim for losses such as emotional distress, pain and suffering, loss of enjoyment of life, scarring, and disfigurement.
Punitive damages may be awarded in more unusual cases where the at-fault party (defendant) acted intentionally or recklessly. Most slip and fall cases are based on a theory of negligence, so punitive damages typically aren’t available. However, if a property owner did something like set a booby trap on their property, then punitive damages may be appropriate.
Any settlement for a slip and fall case should include compensation for economic and non-economic damages. It should also include enough money to truly compensate you for your losses. In most cases, the initial settlement offer from the property owner’s insurance company falls far below this threshold.
Insurance companies are in business to make money. Part of how they make money is by paying out as little as possible on legitimate claims. Insurance adjusters often approach accident victims shortly after a fall, offering a lowball settlement amount to make the case go away for pennies on the dollar.
Before you give a statement or sign any paperwork, you should set up a free initial consultation with a New York slip and fall attorney. They will listen to your story, analyze your case, and offer you insight into your legal rights and options. They will also offer you a ballpark estimate of the value of your case, which is typically much higher than what the insurance company is offering.
Our law firm has successfully resolved slip and fall cases for clients throughout New York. Our results include:
- $188,333 settlement for a slip and fall into a small trench in Westchester County that resulted in a right ankle fracture; and
- $140,000 for a slip and fall on ice in New York County that resulted in a wrist fracture.
While each case is different and an outcome is not guaranteed, our legal team has a track record of success in helping our clients get top-dollar settlements for their injuries. Reach out today to schedule a free initial consultation with a New York premises liability attorney.
What Can Influence the Value of a Slip and Fall Settlement?
There isn’t really any such thing as an average slip and fall settlement in New York. One premises liability case might result in a $1,000,000 settlement, while a different case might lead to a $50,000 settlement. The value of any case is based on the facts of the case, plus a range of other factors.
The first factor that impacts the value of the case is the nature and severity of a person’s injuries. Broadly, the more serious the injuries are, the higher the settlement will likely be. While this isn’t true in every case, if a person has a permanent disability as a result of a slip and fall accident, they will probably recover more money than someone who is completely healed after a few months.
For example, consider a situation where a man falls after tripping over a loose rug at a restaurant. He hits his head on the side of a table and suffers a traumatic brain injury. He requires emergency surgery, is in a coma for weeks, and is left with significant deficits (such as impairment of his short-term memory). He is no longer capable of working.
Now, imagine that a different man tripped on the same rug and broke his wrist when he put his hands out to break his fall. He needs surgery and has to wear a cast for close to 2 months, but he recovers from the fall and is able to go back to work.
In these scenarios, the man with the brain injury would likely get a much larger settlement than the man with a broken wrist. His economic and non-economic damages would be much larger given the seriousness of his injury, the bigger medical bills, the need for ongoing care, and the impact on his ability to work and enjoy his life. This would lead to his case having a higher value than the man with a broken wrist.
There are other factors that can affect the value of a slip-and-fall claim. The availability of insurance and the size of the insurance policy can have an impact as well.
Most slip and fall claims are covered by homeowner’s insurance, renter’s insurance, or a commercial liability policy (depending on where the fall occurred). Typically, businesses take out much larger insurance policies than homeowners and renters. If someone is hurt at a grocery store, they might receive a larger settlement than someone who suffered the same injury at a friend’s house. This is due to the fact that the store probably has a much higher policy limit for their insurance than the friend has with their homeowner’s policy.
Another factor that can impact the value of a slip and fall settlement is liability issues. In other words, the strength of your case will affect its value. If it is clear that the property owner was negligent in some way, then it will increase the value of your case. If liability is in question, then it might lead to a smaller settlement.
In premises liability cases, one of the key issues is showing that the property owner either knew about a dangerous condition or should have known about it. They also must have failed to either fix it or warn others about it. If you can’t prove that the property owner knew about a dangerous condition or that they should have known about it by inspecting the property, then that might make liability less clear-cut.
Similarly, there are sometimes cases where the injured victim may have been partially at fault. This can affect the value of a settlement. For example, if someone trips on a broken sidewalk but they could have seen the issue if they hadn’t been looking at their phone, that might reduce the value of their settlement.
Our New York premises liability lawyers understand how these and other factors can influence the total value of a slip and fall settlement. Our job is to work to get our clients maximum compensation for their injuries. We do this in a few different ways:
- Thoroughly investigating the case, interviewing witnesses, seeking out photos and videos of the accident, and reviewing medical records;
- Working with expert witnesses;
- Researching New York law; and
- Examining options for pursuing a claim against another party.
We are also skilled negotiators who are adept at getting fair settlements for our clients. We take the time to understand the strengths and weaknesses of each of our cases so that we can put together a smart strategy for success. Whenever possible, we resolve our cases outside of court, but we aren’t afraid to take a case to trial to help our clients get the compensation that they deserve for their injuries.
If you have been hurt in a slip and fall accident, you should never accept the first settlement offer by the insurance company. Instead, you should schedule a free consultation with a New York personal injury lawyer so that you can better understand the true value of your case. Our law firm will fight for your right to full compensation.
Hurt in a Slip and Fall? Call Our Law Firm Now
Slip and fall cases can result in serious, life-changing injuries. If you have been hurt in a fall, you may be able to file a lawsuit against the property owner. We can help you with the process, starting with a free initial consultation. Our team will work tirelessly to get you maximum compensation for your injuries.
At the Law Offices of Thomas L. Gallivan, we are skilled litigators and negotiators. We advocate for victims of slip and fall accidents in New York who seek fair compensation for their losses. We offer free consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a New York slip and fall lawyer, call us at 914-220-1086 or fill out our online contact form.
