After the initial shock of slipping and falling is over, and you’re home from the hospital recuperating, talking to a slip and fall lawyer may be next on your to-do list.
Considering the pain you’re in, the lost work and wages, and the time you’ll be recuperating at home, you may be thinking about money. How much money you’ll be able to get to take care of the bills that are stacking up while you can’t work. And if you’ll have enough to take care of yourself if you’re out of work a long time, or even unable to return to work.
New York Premises Liability
A slip and fall case comes under premises liability law, which governs negligence and liability for accidents on property, both private and public. New York City taxpayers paid out over $506M in 2012 for over 5,200 various slip-and-fall accidents in the city. By 2014, that figure became $706M.
Having a slip and fall accident means that someone’s negligence caused your injuries. Whether it’s a grocery store with a wet floor, a broken sidewalk, stairs missing a handrail, or other dangerous hazards, someone failed to correct a dangerous condition or warn visitors that the condition existed.
One of the most important parts of your case is proving that the owner, manager and/or employee knew, or should have known, that the condition existed, so they could take corrective action. Because the condition was not corrected, causing your slip and fall and your injuries, they may be responsible for your injuries and restitution damages to correct it.
The “clock” of the statute of limitations begins ticking on the day of your accident. You’ll have three years after the date of the accident to file a claim. After the three years, your claim will be dismissed.
Putting A Price Tag On Your Slip and Fall Case
The first thing you need to remember is that every slip and fall case is different—even one that’s “just like yours.” If a friend or relative tells you about their slip and fall case and the dollar amount they received, it’s not necessarily an indicator of any potential settlement you might receive.
Settlement damages usually consist of:
- Medical expenses
- Lost wages, which can include:
- Loss of earning capacity
- Loss of future earnings
- Pain & Suffering, and other punitive damages
- Other damages as indicated
A number of factors come into play when calculating the settlement you might receive, such as age and prognosis for recovery. For instance, if you’ve suffered a broken leg, you’ll likely recover and be able to eventually return to work. But if your injuries include a condition that ends your working life, such as paralysis or other permanent injuries, your settlement will reflect the additional amount of money you need to take care of yourself and eventually apply for disability.
Your slip and fall attorney will perform an analysis of your case before considering any valuation. This analysis will include your age, occupation, prognosis, and lifestyle, and how these factors will influence your case. Once he or she has a better understanding of your case, they will be able to give you an idea of how much you may expect to receive whether you settle out of court or go through a jury trial.
You can read more about a hypothetical example of a slip and fall case in New York.
Need Help? Hoffmaier & Hoffmaier has been helping injured New Yorkers with slip & fall cases for over 25 years. Call us at (212) 777-9400, or contact us online. We’ll schedule your free consultation, and let you know how we can help you. There’s no fee unless we win your case. We’ll fight for your rights and get you the settlement.