While the idea of an “average payout” exists as a theoretical mathematical calculation, as a practical and realistic matter, here is no such thing as an “average payout” in a New York City accident case. The recoverable settlement or award in your slip and fall or trip and fall case will depend on many factors that are unique to your accident. This includes the severity of your injuries, the necessary treatment and recovery, your lost wages, and much more.
An experienced slip and fall attorney will put a settlement value on your case once: The extent of your injuries and reasonably likely level of recovery can be determined; The precise facts as to the cause of the accident are fully investigated and; The limits of available insurance coverage are known. At that point, your lawyer will enter into settlement negotiations on your behalf.
Recoverable Damages Vary from Case to Case
Knowing how much other people received in a slip and fall case does little to help you understand the damages you will receive. The details of your own accident, injuries, treatment, and recovery determine the overall damages you sustained. In general, our attorneys seek a payout for a slip and fall based on the value of our client’s economic expenses and losses as well as their noneconomic damages.
Economic expenses and losses after a slip or trip and fall could include:
- Current and future medical treatment, hospitalization, follow-up, and related care
- Lost wages and benefits
- Diminished earning capacity
- Property damages if applicable
- Out-of-pocket costs related to the fall or injury treatment
Noneconomic damages are more difficult to put a price on, but your attorney will know how to put a fair value on these losses. They include:
- Pain and suffering
- Emotional trauma
- Diminished life enjoyment
Each of these will be different for you than it was for others who fell in a similar way, suffered a similar injury, or even who sustained injuries at the same time you did.
Other Factors Also Play a Role
Your damages are not the only determining factor when it comes to the value of a slip and fall case. As mentioned above, there are also other considerations that play a role in how much you will be able to recover. Important factors to consider include:
- The strength of your case as a function of the weight and strength of the evidence supporting your claim as to who caused the accident
- The insurance coverage available
- Many other factors (For example: Where a potential trial would be held or “venued”; The prevailing cultural climate as to how prospective jurors might feel about certain types of cases, etc.)
Looking at these factors plus your economic and non-economic losses, your attorney will put a just settlement value on your NYC trip and fall case.
For a free legal consultation, call 516-932-0400
Your Attorney Will Build a Strong Trip and Fall Case to Support Your Claim
If you suffered injuries in a trip and fall or slip and fall accident in greater New York City, you will be able to participate in a free consultation with one of our attorneys about your case. We will help you understand your rights and go to work on your case right away if you qualify to take legal action against the property owner, property occupier, a property management company or another party, such as a contractor who performed work on the premises in a negligent manner that contributed to the creation of the slipping hazard.
When you choose to work with our firm for your NYC slip and fall case, winning the best possible monetary outcome for you is one of our top priorities, as is providing you with excellent service. As your attorney, a member of our team will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
We will pursue the payout in your case by either filing an insurance claim based on the property owner’s liability policy and working to negotiate the best possible settlement or, depending upon the unique circumstances of your claim, filing a personal injury lawsuit and using the case we built to prove to the judge and jury that you deserve significant compensation. While we often settle these cases without going to court, we have trial experience and will represent you if that is the best option in your case.
It is important to remember that there is a time limit on how long you can wait before filing a personal injury lawsuit under Section 214 of New York’s Civil Practice Law & Rules. There are additional time-restrictions that apply to claims and litigation as well. Your attorney will ensure that all deadlines are met in a timely and appropriate manner so that you do not miss any opportunity to recover monetary compensation, as long as you contact us before time runs out. It is important to note as well, that factors such as witness availability and memory and the availability of physical evidence such as surveillance video, are best dealt with as soon after the accident as possible. For all these and other reasons, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Talk to a Slip and Fall Lawyer About Your Fall in Greater NYC
If you suffered injuries in a slip and fall or trip and fall in Greater NYC, we will review your case for free. At Friedman & Simon, L.L.P., our attorneys are passionate advocates for the injured. We build cases and fight for our clients’ financial recoveries. A member of our team will review your case today. If you qualify, we will handle your claim on a contingency basis.
Contact a slip and fall attorney from Friedman & Simon, L.L.P. now at (516) 932-0400.