If you’re the victim of a slip and fall accident, you’re likely dealing with unexpected medical expenses and other significant disruptions to your life. The party that’s liable for your injuries and losses will need to compensate you for these challenges. But how much will they pay you?
Slip and Fall Accident Liability
Property owners in New York are required to maintain safe conditions on their premises. When they fail to do so, and someone gets injured on their property, they may be held liable. This legal concept is called premises liability.
Slip and fall claims can arise from various situations, including:
- Wet or slippery floors without warning signs
- Uneven or broken pavement
- Poor lighting in stairwells or hallways
- Unsecured rugs or carpets
To successfully file a slip and fall claim, you must prove that the property owner was negligent and that their negligence directly caused your injuries. This can involve gathering evidence, such as photographs, medical records and witness statements.
Types of Compensation Available
When pursuing a slip and fall claim in New York, you may be eligible for several types of compensation. These compensatory damages are generally divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages refer to the tangible financial losses you incur as a result of your accident. These can include medical expenses, lost wages, property damage and out-of-pocket expenses.
Compensation for medical costs is often a significant component of a slip and fall claim. This includes hospital bills, emergency room visits, surgery, medication, rehabilitation and any future medical treatments related to the accident.
If your injuries prevent you from working, you may be entitled to compensation for lost wages. This can cover the time you have already missed and any future earnings if your ability to work is affected long-term.
If personal property, such as a phone or glasses, was damaged during the fall, you might receive compensation for repair or replacement costs.
You also may be compensated for miscellaneous expenses you incur due to the accident, such as transportation to medical appointments or hiring people to help you with household tasks.
Non-Economic Damages
Non-economic damages compensate for the intangible losses that affect your quality of life. These damages can be more challenging to quantify but are no less importantl to your recovery. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life and loss of consortium.
Pain and suffering compensation covers the physical pain and emotional distress caused by your injuries. It considers the severity of the injury, the expected duration of pain and the impact on your daily life.
Compensation for emotional distress aims to address emotional challenges that were caused by the accident. Emotional and psychological challenges caused by slip and fall accident injuries include anxiety, depression and post-traumatic stress disorder (PTSD).
If your injuries prevent you from participating in activities or hobbies you once enjoyed, you may be entitled to compensation for the loss of enjoyment of life.
Loss of Consortium compensation applies if your injuries have negatively affected your relationship with your spouse or partner, impacting companionship, affection or intimate relations.
Factors Influencing Compensation Amounts
Several factors can influence the amount of compensation you might receive from a slip and fall claim in New York. These factors include the severity of injuries, degree of liability, quality of evidence,
The severity of your injuries plays a significant role in determining compensation. More severe injuries typically result in higher medical expenses, longer recovery times and a greater impact on your life, leading to higher compensation amounts.
The degree of liability is another factor. New York follows a “pure comparative negligence” rule, meaning your compensation may be reduced if you are found partially at fault for the accident. For example, if you are 20% responsible for the fall, your compensation will be reduced by 20%.
The quality of evidence can also influence your compensation amount. Reliable and convincing evidence can significantly strengthen your case. Well-documented evidence of the hazard, medical records and witness testimonies can help increase your likelihood of receiving fair compensation.
Additionally, the property owner’s insurance policy limits may affect the compensation you can recover. If your claim exceeds the policy limits, you may have to sue the property owner for additional compensation. Even if you win the lawsuit, it may be difficult to recover compensation if the property owner doesn’t have enough assets.
How to Strengthen Your Slip and Fall Claim
To maximize your chances of receiving fair compensation, there are several steps you can take. Seeking immediate medical attention, documenting the scene, gathering witness information, reporting the incident and keeping detailed records can help increase your chances of receiving the compensation you need.
Seeking medical attention as soon as possible after the accident not only ensures your health and safety but also creates a medical record that links your injuries to the accident. This record can play a major role in your claim.
Documenting the scene is key to proving your case. Take photos or videos of the hazard and surrounding area as soon as possible after the fall. These photos and videos can help prove hazardous conditions and negligence.
Witnesses can provide valuable support for your claim. If there were any witnesses to your accident, collect their contact information and ask for statements.
It’s also important to report the incident. Notify the property owner or manager about the accident as soon as possible to create an official record of the accident.
Furthermore, you should keep detailed records. Maintain a journal detailing your injuries, medical treatments, pain levels, and how the accident affects your daily life. Also, keep all medical bills and receipts for out-of-pocket expenses.
The Importance of Working with a Personal Injury Attorney
To maximize your compensation and achieve the best possible outcome, it’s important that you work with an experienced personal injury attorney. Hiring a personal injury attorney can provide several benefits, ensuring that you have the support and expertise needed to pursue fair compensation.
With their specialized knowledge of slip and fall claims, personal injury attorneys can evaluate your case and identify the best course of action. They can also investigate your accident, ensuring your case is backed by strong evidence. In addition, a personal injury attorney can accurately determine the full value of your claim and negotiate with insurance companies.
If the insurance companies do not agree to a fair settlement, your personal injury attorney can file a lawsuit and represent you in court.
Contact Us for a Free Case Evaluation
If you have been injured in a slip and fall accident, contact us at Cellino Law for a free case evaluation. With 65 years of experience and millions of dollars recovered for clients, we are committed to achieving the best possible outcome for slip and fall victims. Reach out to us, and let us help you on the path to recovery.