Fall statistics in the United States are concerning, with many Americans suffering serious injuries as a result of such accidents. In a slip-and-fall accident, serious injuries are possible. Such injuries can have life-changing consequences for the victim. Personal injury attorneys can assist you in obtaining compensation for your losses. However, calculating fall settlements is not an easy task. Slip and fall settlement values in New York will be discussed in this article.
What determines the final settlement amount in a slip-and-fall accident?
There is no fixed settlement amount for slip-and-fall victims. Additionally, NY does not have a cap on the settlement value you get for a slip-and-fall accident. The average settlement amount you get depends on various factors;
The severity of the fall injuries sustained
Accidents involving slips and falls can be fatal. A simple slip and fall can result in serious injuries, permanent disability, or even death. During a slip and fall lawsuit, the court will assess the severity of your injuries and determine the appropriate settlement amount. The following are some of the most common injuries sustained in slip and fall accidents:
- Nerve damage: All of the injuries sustained in slip and fall accidents can result in nerve damage. Cuts, compression, stretching, and pinching of a nerve are all possible causes. Because nerves regenerate, medication and therapy can be used to restore nerve function following slips and falls. Nerve damage injuries begin at $20,000.
- Spinal cord injuries: Fall accidents can result in severe spinal cord injuries ranging from herniated discs to fractures. Spinal cord injuries can impair mobility and confine the patient to a wheelchair, denying them the opportunity to live a full life, care for themselves, and work. Even with medication, spinal cord injuries rarely heal, and severe injuries result in permanent disability. These injuries are worth $100,000 to $1,000,000 in compensation.
- Broken bones: This type of injury affects approximately 6.3 million people in the United States, with seniors accounting for more than half of the victims. Many slip and fall injury victims, particularly senior citizens, sustain broken bone injuries. Depending on how the person falls, the pelvic bones are the most affected, with other victims breaking bones around the rib cage, shoulders, lower legs, arms, and collarbone. Broken bones are difficult to treat, and the patient may require extensive home care and therapy sessions to fully recover. Compensation for broken bones can range from $50,000 to $200,000.
- Neck injuries: These can occur anywhere in the neck, from the spinal cord to the tendons, muscles, and ligaments. Victims with neck injuries may be unable to care for themselves or go to work. In some cases, surgery may be required for the injured party. Neck injuries can result in compensation ranging from $5,000 to $200,000.
- Concussions: Concussions are common when the patient’s head collides with the ground or other stationary objects during a fall accident. They have brain fog, dizziness, ringing in their ears, and other symptoms that impair their cognitive abilities. In New York, the average settlement for concussions is $125,000, with minor concussions attracting $20,000 or more.
- Finger fractures: Landing on hands can easily cause fractures on the fingers. The settlement value of finger fractures can go up to over $600,000 if you have a good lawyer.
- Shoulder dislocation: This injury happens when the victim tries to prevent a fall. The force can cause a sprain to the wrist or injure the shoulder. Treatment for this injury includes Rest, Ice, Compression, and Elevation (RICE), physical therapy, or surgery. You can settle shoulder injuries for an average of $200,000.
- Knee injuries: The patient may experience a knee sprain while trying to prevent the fall. Falling in a dangerous posture can also cause a knee sprain and strain. Falling on the knees can also cause bruising, broken bones, and tearing. For knee injuries, you can get anywhere between $70,000 to over $1,000,000.
- Traumatic Brain Injuries: Slip and fall accidents could cause other brain injuries such as subarachnoid hemorrhage, intracerebral hematoma, subdural hematoma, epidural hematoma, diffuse axonal injuries, and linear skull fractures, among others. Severe TBI injuries can attract over $10,000,000 in damages as long as you have a good lawyer.
- Wrist injuries: These injuries happen when the victim tries to support themselves during a fall accident. Wrist injuries make it impossible for the victim to work. You can get a settlement value of up to $900,000 for wrist injuries in New York.
- Severe cuts: A fall can happen anywhere, from a footpath to a supermarket to a construction site. Falling on sharp objects such as broken glass and other sharp objects can cause severe cuts. Cuts can be deep or mild, with some people losing body parts.
- Facial injuries, including disfigurement:A fall can trigger the falling of other objects, causing cuts, eye injuries, or total loss of sight. Falling facedown can also cause broken teeth, dislocated jaws, nose fractures, and disfigurement. The settlement value of facial injuries depends on the injury sustained.
- Chronic pain: A fall accident victim always experiences some form of pain. Some may experience mild pain that goes away with painkillers, while serious injuries could leave the victim with chronic pain that needs serious medical care. Pain can tie down other family members and prevent the victim from enjoying life or going to work.
Premises Liability
A slip-and-fall accident can happen anywhere. However, most slip-and-fall accidents happen in these places;
- At home
- Parking lots
- Workplace
- Hotels
- Bars and restaurants
- Sidewalks
- Grocery stores
- Shopping malls
- Hospitals and healthcare centers
- Staircases
- Public spaces
- Elevators
- Decks
- Gas stations
- Theatres
- Sports facilities
- Basement
- Old buildings
- Swimming pools
Slip and fall accidents are caused by a variety of factors, including age, poor health, inclement weather, inappropriate footwear, insufficient safety training, negligence, and fraud. In New York, determining who is at fault is critical to winning a slip-and-fall claim. The majority of the time, the fault lies with the employer who failed to train their employees on safety or implement safety measures, the negligent property owner, or fraud. To establish premises liability, you must demonstrate that the property owners or management failed to fulfill their duty to keep the premises safe. In contrast, staging a slip and fall is considered fraud and can result in significant fines.
Signs of negligence include;
- Missing or broken stairs
- Lack of handrails
- Uneven ground or floor
- Ice and snow
- Obstruction
- Uncovered cables
- Wrinkled carpets
- Wet floor
- Cluttered surfaces
- Dark or poorly lit spaces
If you are partially responsible for your own injuries, the settlement value you receive could be impacted negatively. However, an experienced slip-and-fall lawyer can help you get maximum compensation. Talk to Gregory Spektor & Associates, P.C. for a free case review.
Insurance company multiplier
Economic damages in a slip-and-fall accident are simple to calculate. However, calculating the settlement amount for non-economic damages can be difficult. A multiplier method is used by an insurance company to determine how much compensation to award you for non-economic damages. The multiplier method is commonly used in New York to calculate this settlement value. Depending on the severity of the injuries, the multiplier number can range from 1.5 to 5. If you settle out of court, the insurance company may try to persuade you to accept an unfair settlement. A slip-and-fall injury attorney can assist you in negotiating fair compensation.
Other damages
Personal injuries are prevalent in slip and fall accidents, but these are not the only damages you qualify for. A slip-and-fall accident victim can incur several damages, and each damage qualifies for compensation. A reputable law firm can help you determine all the losses incurred in the accident.
Damages in N.Y. Slip and Fall lawsuits
Slip and fall accidents result in both economic and non-economic losses. Your lawyer can file multiple claims in connection with the slip and fall accident, increasing the amount of your settlement. Because there is no cap on the total damages you can receive for your injuries in New York, you will need a great lawyer to ensure a successful claim and a high settlement. Here are the types of damages you can sue for:
Medical expenses
People injured in slip and fall accidents are liable for compensation for all the money spent seeking medical care. The medical expenses involved in a slip and fall claim include;
- Medical bills for diagnoses, rehabilitative therapy, doctors’ consultation fee, surgical costs, prescription drugs, and medical devices.
- Transport costs incurred when seeking medical care or during follow-ups.
- Wages for caregivers and assistants due to a disability.
- Future medical bills that the insurance company does not cover.
Lost wages
A slip and fall injury can keep a person from working. Whether a minor or serious injury, any day missed from work is lost income, especially if the day is not covered by employee benefits at work. Independent contractors, for example, will be forced to close their businesses or take time off during the recovery period. Business owners will be unable to pursue contracts or show up for client appointments.
You are liable for compensation for current and future lost wages until you are able to return to regular work. A good personal injury attorney can assist you in claiming compensation for a portion of your lost income if your injuries prevent you from performing certain types of work. You should also be reimbursed for any lost bonuses or commissions. All you need are financial records to back up your claim, current contracts, and missed client appointments. In a slip-and-fall case, an attorney will assist you in proving lost wages and fighting for fair compensation.
Pain and suffering
It is not always easy to prove pain and suffering in a slip-and-fall case. Lawyers can use medical records, psychiatric records, lost wages, and your physical condition to confirm the amount of pain a slip and fall injury caused. Apart from the pain from physical injuries, these conditions are signs of emotional distress;
- Fear
- Insomnia
- Anger
- Grief
- Worry
- Frustration
- Loss of quality of life
- Psychological trauma
Your lawyer and the insurance company will use a multiplier method to determine the total damage for pain and suffering. Only a reasonable attorney can help you get the compensation you deserve. The higher the economic damage, the higher the settlement amount for pain and suffering.
Permanent disability
While on partial disability, you can receive a portion of your wages until you recover. However, if your injuries result in a permanent disability that prevents you from working at all, the insurance company must compensate you. Additional requirements, such as home modifications and long-term nursing care, are necessitated by permanent disability. The law differentiates between two types of disabilities: scheduled and unscheduled loss of use. You may be eligible for scheduled loss of use if you can no longer use your arms, hands, wrist, shoulder, finger, leg, foot, ankle, hip, ankle, toe, eyes, or ears. A non-scheduled loss of use is the inability to use the brain, spine, pelvis, heart, and lungs. A good personal injury lawyer will determine whether your injuries qualify for partial or permanent disability damages and calculate the amount of compensation you are due.
Disfigurement
Specific facial and neck injuries alter your appearance and entitle you to disfigurement compensation. Abrasions, scars, and nerve damage all contribute to disfigurement. The victim frequently experiences low self-esteem, depression, a negative self-image, and poor relationships. Consult a personal injury lawyer to review your case and determine how much compensation you are entitled to.
Wrongful death
Survivors of wrongful death victims can sue for compensation. These include the spouse, children, parents, or legal custodian of the deceased person’s estate. These claims must be filed within 2 years from the time of death.
The damages awarded take care of the following;
- Funeral expenses
- Lost inheritance
- Interest in the damages
- Lost care, nurture, and services
- Lost financial support
- Health care expenses
Get a lawyer to represent you in your slip-and-fall claim for fair compensation.
Loss of consortium
These damages are available in the case of the prolonged absence of a spouse, parent, or guardian. This happens when the victim is hospitalized for a long, suffers a debilitating injury or disability that prevents them from meeting their obligation at home or dies. Family members can get compensation for the loss of their loved one’s company. Loss of consortium also covers the following;
- Lost support and services
- Lost companionship
- Lost love
- Lost intimacy
The spouse or children of the injured person is the one responsible for filing this claim. Fighting for loss of consortium damages can be an emotional affair as it investigates your sex life as a couple, quality of life, temperament of the injured party, and interest in household chores prior to the accident.
How to increase the settlement value
The compensation you get for a slip-and-fall lawsuit depends on your ability to negotiate for a high amount. You may not have the legal expertise to negotiate for a maximum settlement, but having experienced slip-and-fall lawyers can be a great relief.
1. Keep photographic or video evidence of the fall
Slip and fall accidents can occur for a variety of reasons. As soon as possible, photograph the accident scene. Keep any photos taken by witnesses of how you fell and anything else that happened, such as objects falling on you, bleeding, twisted legs or arms, as evidence. Hospital records, such as x-rays and scans, will provide additional evidence of the extent of the injuries sustained.
While you are still on the premises, take photos of the circumstances surrounding the accident. To contribute to your story, photograph any snow, water, and other spills; potholes, rough floors; darkness, broken stairs or handrails, unguarded manholes, cables; and litter. Your personal injury lawyer will thank you for gathering all of this evidence.
In addition, if you can record a video or obtain the CCTV footage from the building, ensure you keep it safe.
2. Get contacts of the witnesses
Before leaving the accident scene, obtain the contact information of any eyewitnesses. These could include your coworkers, security guards, employees of the store or shop where the accident occurred, customers, and people in your company, among others. They will need to take notes on what they saw because this will help prove your case and highlight any negligence on the part of the premise owner. Make a note of their names, addresses, and phone numbers. However, do not share them carelessly, as they may become tainted and turn against you. Only share their information with your lawyer after you’ve established an attorney-client relationship and are confident that the lawyer is fighting for your rights.
3. Keep a copy of the accident report
After obtaining the contact information of the witnesses, ensure that the accident is reported to the premises owner. Whether it occurred in your own home, a store, a mall, or a basement, go immediately to the property managers before leaving for the hospital. They will almost certainly conduct their own independent investigations to determine the cause of the accident. They may be aware of the problem that causes the accident on rare occasions. If they accept liability, they may file an insurance claim and initiate settlement negotiations on their own. Make a copy of the report.
4. Keep your receipts properly
Make sure you get a receipt for any expenses you incur. The insurance company will not reimburse you for expenses that you cannot prove. When settlement negotiations begin or your lawyer begins working on your slip and fall case, they will need to compile a list of all the expenses you have incurred as a result of the accident. Fuel and other transportation costs, medical bills, purchases, and other payments made to manage injuries, pain, or other damages should all be properly documented. If you have been forced to hire a nursing caregiver or modify your home in order to live a normal life after the injury, keep the contracts that show how much you have spent. Reports predicting the outcome of your injuries are also important in determining the final settlement.
5. Provide updated financial and work reports
Your employer records all missed work days and unpaid leave days. Make copies of all applications for leave of absence and related documents. If you own a business or work as a freelancer, obtain a copy of your financial statements to show the amount of income you make per day so that you can calculate lost income or wages. Any pending work contracts that you were unable to fulfill or supplies that you were unable to complete due to your injuries should be properly documented, as these will determine how much you receive. Any termination notices or contracts that have been halted as a result of your absence from work or disability should be provided because they determine how much future income has been lost as a result of the accident.
6. Hire a personal injury lawyer
A personal injury lawyer can make your slip-and-fall claim move faster. They have experience with the jury and know how to win similar cases. Their knowledge, experience, and negotiation skills will help help you recover a settlement for all damages incurred.
Looking for a personal injury lawyer? Call Gregory Spektor & Associates, P.C.
Gregory Spektor & Associates, P.C. are your go-to slip and fall attorneys. We are a team of 9 highly qualified and experienced lawyers working together to ensure that your slip and fall claim is successful. Through the leadership of Gregory Spektor, a renowned Super Lawyer, Who’s Who of North America, we have helped many injury victims in New York to recover compensation for damages incurred in car accidents, health center accidents, workplace accidents, and construction sites, among other settings. Call 1(800)-318-8888 to schedule a free consultation.
