One of the most dangerous things that can happen to you is to slip and fall. In fact, unintentional falls are one of the leading causes of injury death in New York City, even affecting those in the 15-24 age demographic.
These incidents and injuries can often occur due to carelessness. If you suffer a slip and fall because of someone’s negligence, New York’s premises liability laws give you the right to pursue compensation for damages. Find out which damages you can recover for yourself or a loved one after slipping and falling.
The Different Types of Damages You Can Recover in a Slip-and-Fall Accident
Legal professionals across the country divide damages into three categories: special, general and punitive.
Special Damages: Economic Recovery of Expenses
The primary type of compensation you can receive is special damages. Another name for these is economic losses. These are the specific costs you incurred or will incur due to the accident.
Medical Treatment
To begin with, the at-fault party or their insurer must cover the costs of your medical treatments. From the initial examinations to the point of full recovery, that person or entity is liable.
You should carefully keep all bills, records and invoices pertaining to your treatment to claim these costs. These include emergency room visits and overnight stays, as well as physical therapy and rehab. If you require a home health aide, you can claim those costs as well.
Prescriptions and Medical Equipment or Supplies
If you need medication to manage your condition, these are also part of your recoverable economic damages. Don’t forget that crutches, wheelchairs and other mobility aids are another significant expense the liable party should pay for.
Lost Wages and Benefits
A slip-and-fall injury can force you to take time off from work or even sacrifice paid time off for recovery. The liable party should remunerate you for the lost income and benefits.
If your ailment alters the kind of employment you can obtain, the defendant could also be accountable for lost future earnings. It takes a lot of work to calculate the full extent of these damages, which is why it’s a good idea to have the help of one of our lawyers at Cellino Law.
Property Repair and Replacement
Falling can cause you to damage your clothing, jewelry and accessories. Most of us spend hundreds of dollars on personal electronic devices, and a fall could ruin your smartphone or tablet.
You can recover the fair market value of the damaged item in your slip-and-fall accident case. Furthermore, you can claim the loss of the use of that property. For example, if you need to rent another smart device that you use for your side hustle, you could potentially claim that expense and lost profits.
Additional Out-of-Pocket Costs
As you get medical treatment or take care of other matters relating to your injury, you may have other expenses, such as travel costs or parking fees. Save all of your receipts to calculate these related expenses.
Funeral and Burial Expenses
If a loved one dies due to a slip-and-fall incident, a family member or personal representative can file a wrongful death suit. Unfortunately, death brings along many additional responsibilities and expenses, including for the burial and funeral.
The at-fault party must cover reasonable funeral and burial costs, but even modest arrangements can be expensive. For example, the National Funeral Directors Association found that the median cost of a funeral with burial in 2023 was over $8,000. With a vault, that jumps to nearly $10,000.
General Damages: Non Economic Harm
General damages encompass the mental, emotional and psychological harm you suffer after a slip-and-fall accident. Though these losses have no associated price tag, you can also recover compensation for them.
Pain and Suffering
Living with physical pain can dramatically impact your life, so New York law allows you to also sue for these damages. For example, a disability can be disheartening. You may permanently lose the capacity to do the same kind of work or no longer be able to enjoy the same recreational activities that you love.
A disfigurement or scarring can also affect your quality of life. You can claim general damages for the trauma and anxiety these may cause you, whether they are a result of the accident itself or the medical treatment you require.
Loss of Services, Support, Companionship or Consortium
An injury might affect your home life and relationships. If you can’t contribute to the care and maintenance of the home, this can impact your sense of self-worth and even strain relationships as others compensate for your injury.
A traumatic brain injury or cognitive impairment can alter how well you can communicate. Consequently, the family may not enjoy the same warmth and companionship as before. Likewise, if an accident causes sexual dysfunction, spouses can claim loss of consortium.
Be aware that most personal injury cases settle out of court in confidential negotiations, meaning you don’t necessarily have to publicly discuss the details of such traumas. Regardless of how your case proceeds, our compassionate team at Cellino Law will support you through the process.
Punitive Damages: Punishment for Intentional Wrongdoing
Punitive damages are rare but have the intent of punishing egregious or deliberate wrongdoing. Instead of paying to help you restore your life, these awards set an example for anyone who might think of engaging in similar activity.
For example, maybe a product defect created a situation that caused you to slip and fall. If the manufacturer or seller knew about the problem but didn’t do anything to resolve it, you might be able to request punitive damages.
Sometimes punitive damages are possible for on-the-job accidents. If your employer was neglectful and left a dangerous situation or ignored safety regulations despite repeated warnings, such willful inaction could warrant punitive damages.
How Comparative Negligence Affects Your Damages
New York follows the pure comparative negligence statute. That means no matter how much fault a court wants to assign you for the incident, you can still recover damages. Therefore, if the circumstances lead the court to believe you were 20% responsible for slipping and falling, the defendant would only owe you 80% of the damages.
You can expect that the property owner’s defense team or insurance company will argue every angle to make it seem you were at least partly at fault for the incident. They may try to assert that you weren’t paying attention or that you were in an area that you shouldn’t have entered. Our lawyers will work with you to gather all the facts that support your case and help you recover as much as possible in damages.
New York’s Statute of Limitations on Slip-and-Fall Accidents
You can only recover damages if you file your claim within New York’s time limits. The statute of limitations here is typically three years from the date of the accident.
Though that seems like a substantial amount of time, you can lose valuable evidence by waiting. Keep in mind that premises liability cases like slip-and-fall accidents can present challenges to gathering proof because the incident occurred on someone else’s property.
Cellino Law Will Help You Fight for Damages After a Slip-and-Fall Accident
You don’t have to struggle with calculating the full extent of damages if you or a loved one suffers a slip-and-fall accident in Manhattan and surrounding areas. Call our team at Cellino Law for guidance. In total, we’ve helped clients recover over $2 billion in damages and are ready to fight for you to get justice.