Individuals who suffer injuries due to a property owner’s negligence are entitled to collect damages from them. In New York, the damages that an injured party can collect in a premises liability lawsuit will be a function of the extent of the injuries and other factors. Damages awards can range from a few thousand to several hundreds of thousands of dollars to millions.
For more than 50 years, the New York premises liability attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have helped injured New Yorkers to recover the largest available awards after a property owner’s negligence has caused serious injuries.
What factors are considered to calculate a damages settlement in a premises liability lawsuit?
A premises liability lawyer in New York will analyze multiple factors to establish minimum damages amount for settlement:
- Was the property owner aware or should have been aware of a dangerous condition that caused the injury?
- Could the injured party have avoided an injury by being reasonably diligent?
- How did the injured party react after the accident happened (i.e., did they seek immediate medical attention)?
- What specific injuries did they suffer, and how have those injuries affected their lifestyle and livelihood?
These factors are best established as soon as is possible after the accident. In New York, an injured party has three years to file a premises liability lawsuit against a private defendant. However much of the information or evidence to support that lawsuit can fade quickly. An average slip and fall settlement will inevitably be larger when an individual retains a lawyer as soon as is possible after a premises accident.
Does an average premises liability settlement include more than just reimbursement for medical expenses?
An injured party’s medical expenses will be a significant component in every premises liability settlement. However, those damages often include far more than just actual medical expenses, including:
- Future medical expenses for ongoing treatment of injuries
- Reimbursement of expenses for rehabilitation and occupational therapy
- Replacement of wages, earnings, and job promotion opportunities that are lost while the injured party is recovering
- The dollar value of the injured party’s pain and suffering
- Compensation for loss of consortium and other lifestyle impairments
Property owners and the insurance companies will typically offer low settlement amounts that disregard many of the above components. For that reason, individuals should be careful not to accept early settlement offers from insurers or communicate with insurance companies without the assistance of a lawyer. Even the most innocuous conversations with insurance company adjusters can adversely affect an accident victim’s damages recovery.
What can an injured party do to improve the opportunity to recover a larger premises liability settlement?
In addition to hiring an experienced premises liability lawyer as soon as is possible after a slip and fall accident, the injured party should:
- Collect as much information about the accident as is possible, including photographs of any dangerous property conditions that caused it
- Get contact information from anyone who witnessed the accident
- Retain all medical bills, pay stubs, and receipts to demonstrate actual financial losses
- Follow all directions from medical personnel who diagnosed and treated the accident victim
Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. to File a New York Premises Liability Lawsuit
At New York’s Friedman, Levy, Goldfarb & Green, we fight to recover the largest settlement awards in every premises liability lawsuit. We treat every client with the respect and courtesy that they deserve. Further, we include every credible damages argument in our negotiations with insurers and in liability and damages trials when insurance companies refuse to settle for fair amounts.
Please see our website or call us as soon as possible after your slip and fall accident in Manhattan, the Bronx, Long Island, or Brooklyn for a complimentary consultation.