Premises liability cases arise from injuries sustained in slips and falls, dog bites, and other events that occur on public or private property.
Understandably, clients want to know the average value for slip and fall cases and settlement amounts.
Unfortunately, it’s impossible to provide a settlement range for slip and fall cases or other premises liability claims in New York because there are so many variables at play.
Let us review the specifics of your claim and evaluate its potential settlement range.
For now, let’s look at several factors to consider when calculating what your New York premises liability accident is worth.
Injury Type and Severity
The type and severity of your injuries play an integral role in determining your case value.
For instance, consider a slip and fall victim with soft tissue injuries that resolved with minimal treatment and no residual complaints.
That case would warrant less compensation than a slip and fall victim who sustained a fractured hip that required hip replacement surgery.
Fault is another crucial element in premises liability claims. New York operates under the pure comparative fault rule.
That means someone can collect compensation even when they are primarily responsible for the accident.
Insurance companies will do anything possible to reduce their company’s exposure and financial payout, and they do this by attributing liability to you.
Consider two similar slip and fall injuries with comparable damages. The plaintiff is 20% at fault in one case, which means the maximum compensation is 80% of their overall damages.
If the plaintiff in the second case is 80% at fault, they will only collect 20% of their damages.
If both plaintiffs had $100,000 in damages, the first plaintiff could receive up to $80,000 while the second one would not get more than $20,000.
Your total damages also impact your settlement. Damages fall under two main categories: economic and non-economic damages.
Economic damages are tangible losses, such as medical expenses and lost wages. Your non-economic damages are more subjective.
These damages can include pain and suffering, disability and disfigurement, and loss of consortium.
How to Potentially Increase New York Slip and Fall Cases Settlement Amounts
Building a solid case against the defendant starts immediately after an accident. If possible, take scene photos and get contact information for witnesses.
Seek timely medical treatment and keep a pain journal to record your daily pain and discuss how the accident impacts your life.
Hire a New York premises liability attorney before speaking with the insurance company.
The insurance company will try to use anything you say against you during the claims process.
When you retain the Law Offices of Theodore A. Naima, you won’t have to worry about saying the wrong thing because we handle all communication with the insurance company.
Contact our office today if you need assistance recovering compensation for a New York slip and fall accident.
With over 20 years of New York trial experience, we know how to help you fight for the maximum compensation possible in a New York premises liability lawsuit.