The average settlement for a slip and fall accident is between ten thousand dollars and fifty thousand dollars. Did you recently suffer a slip and fall accident? If you did, you may qualify for significant monetary compensation. The purpose of this settlement is to cover your lost wages, medical bills, and other related costs and damages.
The settlement amounts in a slip and fall case will vary depending on various actors. Some of these include the severity of the injury and total lost wages. If you are looking to fight for compensation following a slip-and-fall accident, find a skilled and experienced personal injury attorney. If you reside in Queens, New York, consider drawing upon the comprehensive knowledge and vast experience of Gregory Spektor & Associates.
Understanding Slip and Fall Accidents
A slip and fall accident is a type of personal injury case. Essentially, it is a trip or slip accident that occurs on another person’s property. A slip and fall case, under the law, falls under a broad category of cases on premises liability. When it comes to making a settlement claim, the victim must prove that the accident happened on the premises or property owned by another individual. If it did, the property’s owner may be legally accountable for the accident.
Did you sustain any form of injury following a slip and fall incident? If so, you need to know that you have the means to claim compensation, no matter how minor the incident.
Common Causes of Slip and Fall Accidents
Slip and fall injuries result from many different factors. Some of these include:
Wet or Uneven Surfaces
These are the most common causes of slip and fall accidents. These include wet floorboards, uneven sidewalks, and other surfaces. Other possibly hazardous areas that can help validate and solidify a slip and fall case include:
- Worn-out carpet floors.
- Cluttered floors.
- Condensed or moist floors.
- Poorly constructed staircases.
- Freshly waxed floors lacking warning signs.
- Freshly-mopped floors without warning signs.
- Potholes.
- Loose floorboards.
Weather Conditions
Of course, the weather is a natural event. However, different weather conditions can make walking surfaces hazardous. For example, the rainy and winter seasons cause numerous injuries and even death. Therefore, everyone should walk carefully. If you are a property owner, you need to understand that you hold legal responsibility for your property. Some of your responsibilities include:
- Continuously mopping and drying wet floors during the rainy season.
- Plowing and shoveling the street.
- Provide mats and mops to control water on your floors.
- Salting your walkways during the winter season.
If you fail to take these precautions, you will be liable for any injuries that happen to your property. Weather-caused negligence is a strong case for a personal injury claim.
Poor Staff Training
Staff training is particularly important when it comes to dangerous zones like construction sites. Poor training is a major cause of slip and fall accidents. Therefore, managers and employees should go through rigorous and continuous training to avoid workplace accidents. They must know how to properly walk on hazardous sites, how to handle different tools and equipment, and other important precautions. If you fail to provide proper training to your employees, you will be liable for all injury cases that occur on your property.
Stray Cords and Unkempt Electrical Wires
When it comes to public places, cleanliness and tidiness are key considerations. Failure to keep items such as cords and wires in check can lead to slip and fall accidents. Such items can hook around people’s ankles or shoes, causing them to slip and fall. Remember that some people are unable to see clearly while walking.
Poor Lighting
Many property owners fail to understand the importance of good lighting in their properties. That is why poor lighting is another leading cause of slipping and falling accidents. This is especially so when it comes to public areas and old buildings. As a property owner, you are legally responsible for ensuring that every corner of your building is well lit, especially at night. It is also important to illuminate sidewalks, staircases, and walkways to prevent accidents.
Damaged or Unmaintained Handrails
You should design your property for maximum convenience and inclusivity. This applies to public spaces as well, which is why handrails exist. There should be well-maintained handrails alongside staircases and pavements, fixed on posts and walls to support people as they walk. Unfortunately, many people suffer serious slip and fall injuries resulting from damaged or unmaintained handrails.
Nursing Home and Hospital Neglect
Neglect in hospitals and nursing homes is perhaps a niche topic. However, slip and fall accidents occur in such institutions every year. You need to remember that such places are home to sick and vulnerable individuals. Also, the elderly and sick tend to have a reduced sense of balance, which leaves them at risk of slipping and falling accidents.
Therefore, nursing homes and hospitals may be liable to slip and fall lawsuits. This is especially so when you consider that most falls can worsen a patient’s existing condition or even cause death. The responsibility falls on caregivers since they must monitor and assist movement inside the facility.
Common Injuries Sustained After a Slip and Fall Accident
A slip and fall case can cause a serious injury and overwhelming medical bills. The average slip and fall case will probably lead to a personal injury lawsuit with a staggering settlement amount. That is especially so if it causes severe injuries. Some of the injuries that can result from a fall may range from minor to deadly. Some of these include:
Head Injuries
The settlement amount for a head injury, particularly a traumatic brain injury, can be as much as $50,000 or more. Serious head injuries can lead to cognitive difficulties, seizures, mood changes, and other detrimental symptoms. People who suffer such injuries often need emergency medical assistance that may require expensive ER treatments, tests, and hospitalizations.
Head and brain injuries tend to be some of the most misunderstood injury cases. That is partly because they are not necessarily visible. That said, many of them can be catastrophic. You should understand that even a mild brain injury can change the entire course o your life. Therefore, the settlement for a traumatic brain injury can run into the millions. Therefore, there is no predetermined settlement amount or a brain injury resulting from a slip and fall accident.
Back and Spinal Injuries
Anyone is at risk of sustaining a back or spinal injury, depending on the extent of the damage. Most broken hips, particularly among the elderly, result from slip and fall accidents. Such injuries can cause extensive damage to your vertebrae, leading to extreme pain and limited movements.
In severe cases, some back and spinal injuries can lead to sensory lapses, neurological damages, or even permanent paralysis. Compensation for a minor back or spinal injury can range from anywhere between $10,000 and $50,000. However, for injuries that cause permanent paralysis, victims can claim hundreds of thousands or even millions.
Hip Fractures
Did you fracture your hip following a slip and fall? If so, you can seek compensation from the responsible party by filing a slip and fall lawsuit. You have a right to do so even if you suffered minor injuries. The average settlement amounts for such an injury vary significantly. However, they often range between ten thousand dollars and fifty thousand dollars. That is according to most personal injury attorneys.
Hip fractures necessitate surgery and hospitalization, followed by rehabilitation therapy to restore movement. Consequently, your medical bills will pile up. That is another reason to consider contacting a personal injury lawyer and filing a slip and fall claim. Your attorney will help you navigate the legal process and give you an idea o how much compensation you should expect.
You may need an artificial hip replacement. However, that comes with an increased risk of infections and complications. The increased risk of complications makes hip fractures one of the most difficult and frustrating injuries to treat. Your increasing medical costs may also make it difficult to determine fair compensation.
Fractures and Sprains
Anyone can suffer a sprain or fracture following a fall. Depending on the extent of the injury and the circumstances, you can file a personal injury lawsuit. The settlement amount will depend on the personal injury attorney you hire.
Falls and slips can cause individuals to twist their limbs, causing sprains and fractures. Understand that the connective ligaments in your body are susceptible to severe damage since they can bend and tear. The impact of landing on a hard surface can cause fractures and sprains, especially among the elderly. Some of the areas where such injuries occur include:
- Hands.
- Legs.
- Shoulders.
- Ankles.
- Upper arm.
- Forearms.
- Pelvis.
Who Is Liable for Your Slip and Fall Injury?
As mentioned earlier, you have the right to claim compensation for injuries you sustain from a slip and fall accident on another individual’s property or premises. To recover well, you need to obtain the best medical services. You should also seek compensation for lost income from the negligent party.
You may sustain an injury due to your negligence. In such a case, you cannot claim compensation. However, if you believe that your injury resulted from another person’s actions or lack thereof, you have the right to seek compensation. Some of the parties you can seek compensation for a slip and fall injury from include:
- The government.
- Commercial property owners.
- Residential property owners.
How to Prove Your Slip and Fall Case
When it comes to making personal injury cases or filing slip and fall claims, victims need to gather every piece of evidence quickly. They also need to preserve their evidence since they will need to prove the following:
- The extent of their injuries and damages.
- The fault or liability of the property owner.
- The specifics of the accident that caused the injury.
Unfortunately, this evidence can disappear quickly. For example, the property owner can have a wet floor mopped and dried within minutes. You need to understand that the party responsible does not have the legal duty to preserve evidence.
The key to making a successful slip and fall claim to help cover your medical bills, lost wages, and future medical expenses are acting quickly. Do everything possible to get a fair slip and fall settlement. Make it known to the responsible party that a lawsuit is coming. By doing so, you will compel them to hold evidence for you.
Other items of evidence you need to gather immediately include:
- Surveillance camera footage.
- Photographs of the scene.
- Witness accounts of the incident.
- Clothing and shoes you were wearing during the accident.
- An affidavit or written record o the accident.
- Medical documents detailing the extent of your injuries.
- A journal containing the specifics of your injury, limitations, medications, costs, emotional trauma, and more.
Remember that the more evidence you can provide in court, the higher the amount of compensation you will receive. You also need to prove the pain and distress the accident caused in various aspects of your life. That includes financially, mentally, emotionally, and physically. That will help you get a fair slip and fall settlement that will cover your medical bills and other damages.
Why You Should Hire a Personal Injury Lawyer or Your Premises Liability Case
Do you want to get maximum compensation for your slip and fall injury from the at-fault party? If so, you need to hire a skilled personal injury lawyer. Some injuries resulting from a slip and fall can be hard to prove. However, regardless of the severity of your injury, it is within your rights to file an injury claim based on the other party’s negligence.
A skilled attorney will help you prove your case. Your lawyer will do everything possible to help you get compensation for your medical expenses, income loss, pain and suffering, and any other damages.
The Best Personal Injury Lawyers in Queens, NY
Filing a slip and fall lawsuit is a complicated process. As stated earlier, the average slip and fall settlement ranges between $10,000 and $50,000. However, a good lawyer can help you get more for an average slip and fall.
If you are looking for the best personal injury lawyers in Queens, New York, visit Gregory Spektor & Associates at our office in Queens, NY. You can call 1(800)-318-8888 to request an appointment today. You will receive the best representation from the brightest legal minds. We specialize in slip and fall, construction accidents, automobile accidents, wrongful death, premises liability, medical malpractice, and personal injury claims.
