Slip-and-fall accidents can lead to serious injuries, ranging from broken bones to a traumatic brain injury (TBI). You may decide to pursue legal action against the negligent property owner in your accident. However, understanding how much your case may be worth is often a wise first step.
Several factors can affect how much compensation you might receive. Speak with a slip-and-fall lawyer in New York for more personalized guidance regarding your accident case.
How Slip-and-Fall Accidents Happen on New York Properties
Falls are a relatively common cause of injury, especially among older adults. Every day, two older New Yorkers die because of a fall, 140 are hospitalized, and 223 are seen in emergency departments, according to the New York State Department of Health. But when someone slips, trips, or falls due to a hazard on another person’s property, the property owner may be liable for their damages.
Several types of property hazards can cause visitors to slip, trip, or fall, resulting in serious injuries. Examples include:
- Inadequate lighting
- Torn or bunched carpeting/rugs
- Merchandise in store aisles
- Lack of handrails in stairways
- Damaged flooring
- Lack of “wet floor” signs
When a property owner knew or should have known about a hazard that caused an accident yet failed to mitigate it, they are often liable for damages. A slip-and-fall lawyer in New York can help you establish liability in your case.
Factors That Affect Slip-and-Fall Compensation
How much is your slip-and-fall case worth? When you first meet with a New York slip-and-fall accident lawyer, they can review the details of your accident to help you understand the types of compensation you may be eligible for. Several factors can affect your final payout, if you receive one. These include:
- The severity of your slip-and-fall injuries: Your New York slip-and-fall settlement directly correlates to the severity of your injuries. More severe injuries necessitate more serious medical treatment and a longer road to recovery, all of which contribute to monetary costs.
- Your percentage of fault in the accident: New York slip-and-fall laws follow a pure comparative negligence policy for assigning fault and seeking compensation for damages after an accident. All parties involved in an accident can be assigned a percentage of fault, and your payout is reduced by your fault percentage. For example, if you are found to be 20% at fault for your own accident, you could only seek 80% of your damages in a personal injury claim.
- Your method of seeking compensation: Your slip-and-fall lawyer in New York can walk you through your options for seeking compensation, which may include a liability insurance claim or a personal injury lawsuit. A lawsuit may increase your chances of maximizing your payout, but many premises liability lawsuits also settle out of court, which can lead to a slightly lower settlement but avoid the expense of going to trial.
- The other party’s insurance coverage: If you pursue a liability insurance claim against the property owner, your payout is limited by their insurance coverage limits. If your damages are worth more than the coverage limits, you may seek a lawsuit to pursue additional compensation. However, collecting any additional compensation may prove to be extremely difficult, if not impossible, if the liable party does not have the resources to pay or assets.
Working with a slip-and-fall attorney may be an effective way to seek the highest payout compared to navigating your case on your own.
Consult Our Personal Injury Lawyers in New York
If you are considering filing a slip-and-fall lawsuit, you should understand that several factors may impact your payout. The Wohlgemuth Law Firm PLLC represents clients through slip-and-fall and premises liability cases in New York and can explore all of your options for compensation with you.
Contact us today at 718-474-9100 to request a consultation.
Frequently Asked Questions
What is the statute of limitations for slip-and-fall cases in New York?
The slip-and-fall statute of limitations in New York is generally three years from the accident date. Failing to make a case in this timeframe could forfeit your right to compensation. However, this time frame can be significantly less in some cases, such as cases involving municipal liability.
How do you prove property owner negligence in a slip-and-fall case?
Your slip-and-fall lawyer in New York can help you prove property owner negligence through evidence such as photos of the hazard that caused the accident, witness testimonies, security camera footage, and medical records detailing your injuries.
How much is a slip-and-fall case worth?
The value of a slip-and-fall case can vary significantly based on a range of factors. Generally, clients seek compensation for their medical expenses and lost wages resulting from the accident, while some serious cases may give rise to non-economic damages like pain and suffering as well.
