How Much Can I Expect From a Slip and Fall Accident Settlement? Accident Injury Attorney Bronx Shares Insights.

Each slip and fall accident case has its own unique challenges and circumstances. Since no two slip and fall cases are really the same, there is no definitive amount you can expect from a slip and fall accident settlement. In this blog, the accident injury attorney Bronx team of Gabriel Law will be breaking down all the key factors that are considered when determining a fair and reasonable settlement for a slip and fall accident. By doing so, we hope to provide you with an understanding of how much you may reasonably expect from your slip and fall accident settlement. 

What are the factors that influence the value of my slip and fall settlement? 

• The severity and permanence of injuries 
• The cost of medical expenses
• The extent of future medical and rehabilitation expenses
• The amount of income you’ve lost and reduction in future earning capabilities
• The pain and suffering you have experienced following the accident.  
• The limits on insurance policies
• The negotiation skills and experience of your attorney  

What damages are calculated in slip & fall accidents? 

When calculating the value of your compensation, we can consider both your economic and non-economic damages. Economic damages are the tangible and quantifiable financial losses you’ve suffered as a result of the slip & fall accident. Your medical bills, lost wages, and expenses associated with disability accommodation are examples of such economic losses. Your attorney can calculate your economic damages by adding up your bills and estimating your future costs based on your spending patterns, so make sure to carefully organize your bills after the accident. 

On the other hand, non-economic damages refer to the intangible and unquantifiable losses you’ve suffered due to the accident. Examples of non-economic damages are emotional distress, pain and suffering, loss of enjoyment of life, and loss of consortium. These damages are calculated by one of two methods—the per diem method or the multiplier method. 

Under the per diem method, we assign a daily value for your pain and suffering and multiply that value by the number of days the person continued to experience pain and suffering due to their accident injuries. Under the multiplier method, we add up all your economic damages and then multiply it by a ‘factor’ between 1 and 5.

However, there is also the possibility that the compensation you calculated may be reduced because of your conduct. This is due to New York’s pure comparative negligence rule, which states that if you are found to share some of the blame for the accident that caused your injuries, your compensation can be reduced by the extent of your blame.

Suppose you’ve been in a slip and fall accident and you claim $100,000 in damages, but you are also 25% at fault for the accident. Your final compensation would see a reduction of 25%, with a final value of $75,000.

What steps should I take if I am injured in a slip and fall accident?

If you have been injured in a slip and fall accident that is the result of someone else’s negligence, we highly recommend that you take the following steps to prevent your injuries from worsening and to protect yourself legally from accusations such as failing to mitigate damages. These include 

• Seeking immediate medical attention and following up with medication and treatment schedules. Make sure to keep all your medical bills. 
• Notify the property owner about the accident. If the accident occurred within a business premise, you can also request a copy of their internal reports on the incident. 
• Photograph the scene of the accident to show the hazards at the time, and collect the contact information of potential witnesses. 
• Do not make any official statements to the insurance company without consulting with your attorney. 
• Contact an injury attorney in the Bronx to handle your case and get an understanding of your rights and liabilities.

How can I claim compensation for a slip and fall accident if I am injured at work? 

In New York, slip and fall accidents of employees ‘in the course of business’ typically come under the Worker’s Compensation Act. This is a no-fault system that will cover the costs of medical treatment and loss of wages up to a certain extent in exchange for waiving their right to sue their employer. 

However, if you are an independent contractor or if your injuries were caused by a third party completely unrelated to your employer, you cannot claim compensation under the Worker’s Compensation Act; instead, you will have to claim damages via a personal injury lawsuit. The team at Gabriel Law has handled a number of workplace slip and fall accidents in the past, and we are here to help.

Conclusion 

While no two slip-and-fall accidents are ever really the same, understanding how all the factors come together and influence the final outcome of your case is really important when it comes to setting realistic expectations. If you’ve been injured in a slip and fall accident and are not sure how to proceed, schedule a free consultation with Gabriel Law. Our team has handled a number of slip and fall injury cases over the years, and we are more than happy to help.