A slip and fall mishap can head in a few different directions based on many specific factors. You are probably thinking, “How much compensation can I recover for my damages with the help of an accomplished Slip and Fall lawyer?” There is no right or wrong way to calculate the precise amount of compensation you can receive as a settlement. You can maximize your chances to receive remuneration with an experienced Slip and Fall lawyer on your side. Other factors such as the intensity of your injuries, the injury’s effect on your life, how much the other party is to blame, and the outcome of similar slip and fall cases can give you an idea of how much your lawsuit could be worth.
What Is A Slip And Fall Accident?
A slip and fall accident is an incident when someone finds themselves in an unpredictable and precarious situation, slips, trips, falls, and hurts themself. A slip and fall accident occurs due to the actions taken by a landlord, business organization, inclement weather conditions, or even contractor negligence. The words “slip” and “trip” appear synonymous, but they both have unique definitions. The National Institute for Occupational Safety and Health (NIOSH) provides the following explanations:
- A “slip” occurs when you lose your footing
- A “trip” occurs when your foot catches onto something
- A “fall” occurs when you suddenly come tumbling down that can be due to a “slip” or “trip.”
An example of a slip and fall is when somebody loses their footing on a wet slippery slope and slips and falls. Another instance of a trip and fall is when somebody trips over a hard object such as a misplaced wire, wooden obstacles, metal objects, or out-of-place bricks.
Common Grounds For Slip And Fall Accidents In New York
The state of New York poses some extraordinary and unprecedented perils that can result in a slip and fall accident. There are infinite possibilities of slip and fall accidents because New York is one of the biggest cities within the United States. You can have a slip and fall injury because of one of these causes, or it can be entirely due to something else:
- Broken or disfigured sidewalks
- Carelessness at the construction site
- Dangling wires and cables
- Poor lighting conditions on a stairway or sidewalk
- Lack of signs warning people of hazards
- Failure to shovel snow off of the stairway or sidewalk
- Loose or unanchored floor tiles
- Not repairing leaks
- Failure to maintain handrails on staircases and escalators
- Inadequate or insufficient platform at the end of a staircase or escalator
- Decrepit walls or ceilings
- Dropping litter
- Absence of a well-maintained ledge on upper floors
These are just some of the reasons why a slip and fall accident can occur, but in reality, there are an endless variety of reasons for the slip and fall accident. You can only be so careful during the entire day and still experience an unavoidable slip and fall accident. You might be entitled to restitution if someone else’s negligence caused the slip and fall accident.
Premises Liability Law
In most cases, you or someone close to you has the right to pursue compensation in a court of law if the slip and fall accident that causes the injuries occurs due to someone else’s negligence. Premises liability law is the domain of all slip and fall injury cases in New York. Premises liability laws investigate whether a slip and fall accident is preventable. The goal of the investigation is to determine whether the average person anticipates an accident occurring in the premises based on the condition of the property.
Another objective of the inspection is to determine if the property owner put in the effort to maintain the premises in a safe and suitable condition based on the facilities and equipment present on the property.
Why Does The Condition Of The Injured Person Matter?
Not everyone who sustains injuries in a slip and fall accident has the same right to retrieve remuneration from a property owner. The responsibility of a contract management company, property owner, or any other entity varies, depending on the circumstances of the injured person. The lawyer representing you will examine and determine that all the proofs and information related to your case consistently point to a single accused party. Once your lawyer compiles all the evidence against the accused party, your status on the property will be clear. It will also become clearly apparent who you will be pursuing for compensation for your injuries and other damages.
Visitors that suffer injuries on a property are usually one of the three parties indicated.
Business Invitee
A business invitee is present on the property because the owner allows its premises to be open to the public for business purposes that are fundamentally in the best interest of the business activity. The tenants in a residential complex, consumers in a shopping center, and patients in a hospital are some examples of business invitees on a commercial premise. It is the responsibility of property owners and corporate management companies alike to protect the health and safety of the business invitees on their corporate premises. Property owners and contract management companies must punctually repair hazards on the premises and notify business invitees of any problems to the property that can cause injuries to onlookers.
Licensee
A licensee is the status of another protected person on the property. The definition of a licensee is someone who has legal authorization to be on somebody else’s property. Some examples of licensees are third-party contractors that make repairs on the property and public guests the property owners allow on their premises. The person will not be a licensee if property owners allow only four guests at once and more than four guests present at once.
People violating property policies come into the next category of trespassers.
Trespasser
Trespassers have much fewer rights of being on a property in comparison to business invitees and licensees. A property owner owes the minimum possible responsibility to a trespasser because the trespasser is not authorized to be on the property in any case. The minimum possible responsibility a property owner owes a trespasser is that the property owner does not cause deliberate harm to the trespasser.
What Damages Can You Recover From A Slip And Fall Settlement?
You need to figure out what damages you can recover after you and your lawyer establish who is responsible for the slip and fall accident, and your status on the property. In most cases, this includes all of the injuries you sustain from the slip and fall accident. Determining what damages you can recover from a slip and fall accident is a complicated process because the consequences of two accidents are not always similar. A slip and fall accident that has a long-term impact on the victim’s health is much different from a slip and fall that causes minor cuts and bruises.
Consult a legal representative to discuss the minimum and maximum amount of compensation you are ready to accept for the slip and fall case. Some of the factors that can influence your decision for the amount of remuneration are:
- Medical Therapy Costs (present and expected future costs)
- Lost Earnings
- Psychological distress
- Costs of dependents
- Physical affliction & distress
Slip and fall accidents have outcomes that are very expensive to alleviate. Why should you be responsible for bearing treatment costs if your negligence was not the cause of the slip and fall accident? People who experience a slip and fall accident sustain injuries that must require medical attention that is not free. The exact opposite is true; medical treatment is inordinately expensive with long-term physical side-effects on the victim.
Grown-ups can have dependents, such as a spouse and children, that rely on their earnings. The victim is responsible for managing their dependent’s food, transportation, education, housing, and other expenses. These costs need to be associated with the amount of compensation the victim claims for the slip and fall accident. In addition to the physical injuries, do not overlook the emotional aspect of the pain and suffering.
What Is A Settlement And How To Reach It?
Settlement negotiations begin when two or more factions decide to find a resolution to their disagreement outside of the courtroom. The settlement negotiation is one of the most important phases of the process to recover compensation for your damages. Victims should have a highly reputable and established attorney by their side to represent their best interests in the case. The presence of a compelling attorney will ensure that the victim does not get persuaded to accept a conditional or an unfair offer presented by the other party.
Negotiations for a settlement proceed to become a lawsuit or an insurance claim if the two parties are unable to reach an agreement on their own. It becomes easier for both parties to reach a satisfactory conclusion with a qualified slip and fall attorney representing the victim such as Finz & Finz, P.C. The victim can agree to drop the charges if the liable party agrees to pay the victim the right amount of compensation.
Frequently Asked Questions About Slip And Fall Cases:
Question 1: Can I seek more compensation to avoid unanticipated damages that come to light after the initial settlement?
The simple answer is no. The reason is that when you agree to accept an amount as compensation for your losses, you also have to conform not to pursue any further legal action against the other party. There are some anomalies to bring up a case in the future against the same party as we see in the case of Abdulla VS Gross. The complainant pursued a slip and fall case and received compensation for it.
The claimant appealed for a second time for a slip and fall case in the same premises and was barred from court because of the original settlement. Upon further investigation and new information provided by the claimant, the court realized the second claim was due to completely new circumstances and had nothing to do with the previous case. The claimant was no longer barred from the court in light of this new information.
Question 2: Can I get compensation even if I was not allowed on the property where I received my injuries?
There can be more than one right answer to this question depending on the details of the case in New York. You may still be entitled to compensation as a trespasser because the property owner is entitled to give you their duty of minimal care. An example of this is the “attractive nuisance doctrine” that applies in the state of New York. According to the attractive nuisance doctrine, property owners must maintain basic safety measures for everybody if the property contains an addition that unnecessarily attracts the attention of people.
Property-owners that have a playground, pool, or sandbox must make sure that their property is safe if children inadvertently stumble on the area. The justification is that children are naturally inquisitive and cannot decide if they can fall into danger due to the property owner’s negligence.
Question 3: What is the best way to calculate a slip and fall settlement?
The best way to appraise the potential slip and fall compensation you can pursue is to contact professional lawyers and discuss your case with them. Highly skilled attorneys like Finz & Finz, P.C. can help you identify the compensation amount based on the details of your case and previous judgments of similar lawsuits. Reputable lawyers will also show you how you can legally pursue your case in a court of law.
How can I most accurately calculate a slip and fall settlement?
If you want to estimate your potential slip and fall settlement, and then pursue that compensation, give yourself the best chance of maximizing both by contacting a highly skilled attorney. They will be able to most accurately figure out the amount you deserve, and then help you navigate the legal process to recover it.
Question 4: Can I pursue a slip and fall case for a lost loved one and receive compensation on their behalf?
You can pursue a slip and fall case and possibly receive compensation if you lost a loved one due to someone’s negligence. It will be a rigorous process to gather the evidence, formulate a case, and chase the negligent party for damages. New York laws are designed in the best interest of the citizens residing in the state. Legally, you might have to show that the deceased would want you to recover the damages on their behalf.