How Are Slip and Fall Settlements Calculated?

Slip and fall settlements are calculated by adding the costs of your economic and non-economic damages. When you suffer a slip and fall injury, the settlement you receive will depend greatly on the circumstances of your accident, the injuries you suffered, and the costs you incurred.

Working with a Long Island slip and fall attorney is one way to understand the possible settlement range of your case and ensure you include all recoverable damages. You might qualify to recover your medical costs, pain and suffering, and lost income. 

Damages Your Lawyer Will Calculate for Your Slip and Fall Settlement

Since slip and fall damages stem from the expenses and losses the victim incurred, the recoverable value of the claim depends greatly on these costs. Compensable damages can vary widely from case to case but often include the following types of losses: 

• Pain and suffering: This is a non-economic damage suffered by the victim because of their physical pain. Your slip and fall attorney will assign a value to this and any other non-economic losses.
• Medical bills: This includes current and future care costs and related expenses for fall injuries, complications, and related medical treatments. Any medical expenses like treatment for severe injuries, prescription medications, and ambulance costs are typically covered by compensation.
• Income losses: You might be compensated for current and future lost income due to the time missed at work because of injuries and treatment.
• Reduced earning capacity: If you cannot return to your career or cannot work at all due to lasting injuries, you could qualify for a settlement for this financial loss.
• Miscellaneous expenses: This could include parking at the hospital, traveling for treatment, and other out-of-pocket costs with receipts.

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How Do You Know How Much Your Slip and Fall Case Is Worth?

One way to know how much your case might be worth is to work with a personal injury lawyer. They will value the case based on the evidence and documentation available. We will use the following forms of evidence to prove you deserve compensation: 

• Medical bills and statements from your doctor 
• Your income statements and documentation about time missed working
• Expert statements about prognosis, future care, and related expenses

The value of any personal injury case depends greatly on the expenses and losses the victim experienced because of their accident. This includes both economic costs and non-economic losses. Your accident-related damages are often very difficult for a victim to identify, catalog, and value on your own. This is especially true of pain and suffering and other intangible losses, which are non-economic and have no cash value.

A personal injury attorney who handles slip and fall cases regularly will know how to value these losses. They will determine the appropriate settlement range of the claim before demanding financial compensation from the insurance carrier representing the liable party. This usually leads to negotiations and possibly a settlement agreement.

How Will a Slip and Fall Attorney Seek a Settlement in Your Case?

When our slip and fall lawyers seek compensation for an injury victim, we handle all legal aspects of the case. We identify who is liable, develop a compelling case, negotiate with the insurance carrier, and sue the at-fault party when necessary. We know how to navigate the personal injury lawsuit and claims process, including calculating the potential settlement range.

When you trust us with your case, you should feel confident your slip and fall lawyer will do the following for you:

• Keep you updated about the progress of your case
• Investigate and identify all liable parties
• Communicate with all parties for you
• Gather evidence to develop a solid case for compensation
• Determine a value for your case
• Fight relentlessly to win the best possible case outcome for you

Our lawyers use proven negotiation techniques and present strong evidence to support an appropriate settlement value in slip and fall cases. We often settle these cases outside of court. We will not settle for less than the case is worth, though. Our team of lawyers will sue if necessary, and we are not afraid to stand up to large insurance companies for the money you need.  In fact, we have done so, successfully, thousands of times over the more than thirty years that our firm has been fighting for slip and fall victims’ rights. 

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Who Will Pay Your Slip and Fall Settlement?

Property owners or occupiers leasing the property must keep guests safe from unreasonable hazards on their grounds and in their buildings. When they fail to do so, they could be legally responsible for the injuries that occur. This applies to slip and fall injuries and many other types of accidents.

Most property owners have some type of insurance that covers these injuries. This could include homeowner’s, renter’s, or business liability coverage.

Our attorneys generally negotiate with the insurance carrier for a payout based on their policyholder’s coverage. When this is not possible or ineffective, we could sue the property owner or occupier and take the case to trial.

Common Causes of Slip and Fall Accidents That Could Entitle You to Compensation

Accident victims who suffered losses such as medical care expenses, emotional distress, and other monetary damages could seek compensation if their accident occurred in one of the following ways: 

• Hazardous conditions on a public property, such as  spill that was not cleaned. 
• Property owner did not maintain the property or keep the premises safe for guests
• Dimly lit parking lots or stairwells 
• Uneven flooring
• Otherwise creating, or allowing to exist for an unreasonable period of time, and failing to barricade or warn of any slip and fall, trip and fall or other dangerous condition. 

A premises liability lawyer will investigate the cause of your accident, proving you need a payout for your accident claim. 

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What Should You Do If You Believe You Have a Slip and Fall Case?

Under New York Civil Practice Laws & Rules § 214, victims only have a limited time to file a lawsuit against the property owner or another liable party in a slip and fall case. This is one reason we recommend acting quickly and enlisting the help of a lawyer. As soon as you hire us, we begin working for you. This includes:

Protecting Your Rights

Our attorneys know the tactics insurers use to downplay injuries, make lowball offers, and try to reduce how much they must pay in these cases. From the first day, we manage all communication with the insurance carrier and other involved parties, protecting your right to appropriate compensation.

Investigating Your Case

We begin gathering evidence to support your claim as soon as you hire us. This could allow us to develop a stronger case, as some evidence does not last long. When we investigate a case quickly, we could uncover video, additional eyewitnesses, or even proof of the hazard that caused your slip and fall, trip and fall, or other type of accident that caused your injury.  (For example, electric shocks, burns, falling objects, etc.)

Discuss Your Next Steps With a Slip and Fall Legal Team

At Friedman & Simon, L.L.P., our personal injury team offers free initial consultations for fall victims hurt on Long Island or elsewhere in the New York metropolitan area. We will meet with you to discuss your case at no cost to you or your family. 

Call for a free consultation or use our online contact form to connect with us today.

Call or text 516-932-0400 or complete a Free Case Evaluation form