Slip and fall accidents in New York City are quite prevalent, both on private and public property. When injuries and economic losses are sustained because of the negligence of the property owner or operator, victims are entitled to seek monetary damages in a premises liability claim. As with any legal claim for personal injury, the amount of compensation recovered will depend on many factors that are unique to the specific case.
When it comes to getting fair compensation for your injuries, always look for a New York City slip and fall lawyer who has a proven track record of success. A good attorney will know how to negotiate with the City and put you in the best position to achieve a full settlement or court award. The money secured in a legal claim can help slip and fall victims better manage medical costs and financial burdens while offering some measure of justice against negligent property owners.
What Type of Slip and Fall Compensation Can You Seek?
There are several categories of money damages available to New Yorkers who have been hurt in a slip and fall accident. The nature and severity of your injuries will be one of the primary factors evaluated by both your legal counsel and the defendant. While it’s impossible to predict your case value upfront, the goal of your lawyer is to assess all of your past, current and anticipated losses to ascertain the appropriate amount of compensation to be demanded.
If your fall left you with limited mobility, lasting disability, and other long-term complications that hamper the quality of your life, your payout will reflect this hardship.
Depending on the circumstances of your slip and fall case, your personal injury attorney may demand damages for the following:
- Existing hospital and medical costs for diagnosing and treating your injuries
- Anticipated expenses for future medical care, including surgery, medication, and physical therapy
- Rehabilitation expenses
- Transport costs to and from medical appointments
- Loss of income/wages while you are recovering from your injuries
- Loss of future earning potential
- In-home assistive care from family members or hired employees
- Necessary vehicle or home modifications to accommodate disability
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
What Factors Go into Calculating Damages in a Slip and Fall Case?
The damages you may be entitled to recover in your New York slip and fall lawsuit are characterized either as economic or non-economic. Economic damages are the hard objective costs and expenses you incur due to your injuries. They are verified by the doctor’s bills, invoices, receipts, and other documentary proof that record your actual monetary expenditures.
Your non-economic damage award will compensate you for soft costs that are not as readily verifiable. Insurance companies will generally use formulas to estimate these losses. They are based on factors such as your age, gender, marital status, the size and composition of your family, and the nature and extent of your injuries. For example, if you suffered a bone fracture in a slip and fall accident, an insurance company formula would likely generate a lower value than if you had suffered a traumatic brain injury.
However, these formulas do not consider the unique factors in your slip and fall case. A personal injury lawyer will fight for a substantially larger damages award by bringing those unique factors into focus. For example, your lawyer might show that before your accident, you had an active personal life and that your injuries adversely affected your relationships with your spouse, children, siblings, and friends.
Your lawyer might also argue that other circumstances cause you to be more sensitive to pain and suffering. Expert testimony and reports from physicians can be used to describe:
- The time and effort required to heal.
- How this recovery is not accurately reflected in an insurance company formula.
- Scarring or disability that will likely last a lifetime.
In all cases, and contrary to what an insurer might argue, the factors that go into calculating damages in your slip and fall lawsuit are specific to the evidence of your accident and injuries.
Tips to Strengthen Your Claim for Money Damages
Supporting documentation of your injuries and economic losses is crucial for winning a premises liability case. Your attorney will ensure that all medical records, tests, and reports from attending physicians and healthcare professionals are submitted to bolster your claim for damages. Bear in mind that if you have a history of missing doctor’s appointments, the defendant’s insurance company may claim that you are overstating the gravity of your injuries. Make sure that you follow all instructions from your doctors and do not miss any medical appointments.
Defendants will look for ways to undermine the credibility of your case, so it’s vital to work with an established personal injury practice like Friedman, Levy, Goldfarb & Green, who have the experience to protect your interests and maximize your monetary recovery.
There are specific time limits for filing a slip and fall case in New York City, after which your claim is barred. The statute of limitations for a private defendant is generally three years from the date of the accident. When suing a municipal entity a Notice of Claim is required within 90 days of the date of accident and a lawsuit must be filed within one year and 90 days of the accident.
Your Choice of Legal Counsel Matters
In the wake of a slip and fall accident, the New York City personal injury lawyers of Friedman, Levy, Goldfarb & Green stand ready to protect your rights to fair compensation. For over 50 years, our law office has provided exceptional representation to residents throughout Manhattan, the Bronx, Queens, Brooklyn, and Long Island. We offer dedicated legal advocacy on a contingency fee basis, meaning you owe us nothing unless we win or settle your case.
If you slipped and fell on another’s property and were hurt, we encourage you to reach out for a free and confidential consultation.