Experiencing a slip-and-fall accident can be sudden, tragic, and disorienting. In the immediate aftermath, your focus will naturally shift to addressing any injuries you might have sustained, particularly severe ones. Your first priority is likely regaining your health and well-being. However, knowing your legal rights is crucial during this challenging time.
The legal landscape surrounding slip-and-fall incidents can be complex and intimidating. This article aims to demystify the legal landscape by providing practical information and guidance to help you secure the best possible outcome for your case.
The information listed on this page is for general informational purposes only and should not be construed as legal advice on any subject matter. Recipients of this content, clients or otherwise, should not act or refrain from acting based on the content of this website without first seeking appropriate legal or other professional advice on the specific facts and circumstances at issue from an attorney licensed in your jurisdiction.
If you’ve been injured due to someone else’s negligence and want to learn more about slip-and-fall cases settlement amounts in NYC, Eric Righman, Esq. is here to help. Click to Call Us at 800-801-9655 or request a free consultation online.
Slip-and-Fall Accidents in New York City
It’s important to understand that New York premises liability laws require property owners to maintain their premises in a “reasonably safe condition.” However, the definition of “reasonably safe” is subject to interpretation and determined by the courts on a case-by-case basis. If the location of a slip-and-fall accident is found to be unsafe, the owner could be held liable for damages.
|Examples of Slip-and-Fall Case Settlement Amounts in NYC
|Eric Richman, Esq., has handled many slip-and-fall cases in New York City, ranging from moderate to significant settlement amounts. We’ve listed a few recent settlements below for your consideration.
|$450,000 in a Slip-and-Fall Accident in NYC
|A client was injured when a New York City landlord neglected to shovel snow on the sidewalk in front of his building. The client had multiple leg and knee tears, requiring surgeries. Our team proved that a significant amount of time had elapsed between the last weather event and the accident. The client was compensated $450,000 for his injuries.
|$400,000 in a Trip-and-Fall Accident
|A client fell on snow and ice in a parking lot, which resulted in a serious shoulder injury that required surgical intervention. Eric Richman, Esq. proved that the property owner had not properly cleared the parking lot following a snowstorm and won a settlement of $400,000.
|$400,000 in a Trip-and-Fall Accident
|A client was caused to fall because of a protruding and defective step. The client suffered head and neurological injuries. An investigation determined that a prior accident had occurred at the exact location a year earlier — and the defendants never bothered to fix the defect. The client received $400,000 for his injuries.
Eric Richman, Esq., has handled many slip-and-fall cases in NYC, ranging from moderate to significant settlement amounts. Several factors influence slip-and-fall case settlement amounts in NYC, and we will explore them in greater detail below.
Factors Influencing Settlements
Slip-and-fall case settlement amounts in New York City can vary significantly. Accident location, medical costs, lost income, and the severity of the injuries are all factors that influence settlement amounts. Securing a favorable slip-and-fall case settlement in New York City often requires the assistance of a personal injury attorney.
Some of the main factors that influence settlement amounts are as follows:
- Negotiation over Trial: Many slip-and-fall cases in NYC are resolved through settlement negotiations rather than going to trial. The process typically hinges on establishing the liability of the property owner or business operator.
- Type of Injury and Compensation: The nature and severity of the injuries sustained are significant in determining settlement amounts. Long-term or permanent injuries usually lead to higher compensation due to extensive medical costs, ongoing emotional and mental trauma, and the potential impact on quality of life.
- Comparative Negligence: New York follows a “pure comparative negligence rule” in personal injury cases, including slip and fall incidents. This rule means that a victim’s compensation can be adjusted based on the degree of fault in the accident. For example, if you are found to be 50% at fault for your slip and fall injuries, compensation from the property owner will be reduced by 50%. This rule allows for recovery even if the victim is partly responsible for the accident.
- Statute of Limitations: Understanding the time constraints for filing a slip and fall claim in New York City is critical. The timeframe to make a claim depends on the case and can vary. Contact a lawyer immediately. It is best to consult an experienced lawyer to assess your Slip-and-Fall settlement in NYC. Eric Richman, Esq., can provide a thorough evaluation that considers the complexities of your specific case.
|What should I do immediately after a slip and fall accident in NYC?
|After seeking medical attention, photograph or videotape the accident scene and collect contact information from witnesses. Reporting the incident to the property owner or manager is also advisable.
|How long do I have to file a slip-and-fall lawsuit in New York City?
|The statute of limitations for slip and fall cases in New York can be as much as three years from the accident date. However, the time limit can be tricky. If your case involves a city or government entity, the timeframe to initiate a claim can be only three months. An attorney should separately evaluate every case, so call our office to discuss your case as soon as possible.
|Can I still receive compensation if I was partly at fault?
|Yes. In New York, the rule of “comparative negligence” applies, which means that your compensation may be reduced by your percentage of fault. You may still have a right to compensation even if you are at fault.
|What types of damages can I claim in my slip and fall case?
|You may recover compensatory damages for pain and suffering, medical costs, and lost wages. Punitive damages are extremely rare.
|What evidence is crucial in a slip-and-fall case?
|Photographs and videos of the accident site, medical records, witness accounts, and any submitted accident reports are all important pieces of evidence.
|How are settlement amounts determined in these cases?
|Settlements are influenced by factors such as the severity of your injury, the impact on your quality of life, lost income, and the property owner’s liability.
This is not legal advice. Every case is unique, so please work with a lawyer to get advice on your specific situation.
Steps to Take Following a Slip-and-Fall Accident
This section provides practical guidance to help you take the necessary steps to secure the best possible result for your case. It’s crucial to recognize, though, that attempting to negotiate with insurance companies and make claims on your own (especially when injured) can be extremely challenging.
Seeking legal advice early in the process is a smart move. Working with an expert personal injury attorney can help you negotiate with insurance companies, have legal representation in court, and receive fair compensation.
|How to Protect Your Rights After a Slip-and-Fall Accident
|Seek Immediate Medical Attention
|Prioritize your health by seeking immediate medical attention. Documenting your injuries through medical records is also important for future legal claims.
|Document the Accident
|Take photographs or videos of the accident site, especially of any conditions that contributed to the fall (such as wet floors, uneven surfaces, and so on).
|Gather Witness Information
|Gather the contact information of any witnesses. Their account of the accident can be helpful in correlating with your version of the event.
|Report the Incident
|Inform the property owner, manager, or other appropriate authority of the incident. Make certain that this report is documented, and obtain a copy for your own records. If employees at the location refuse to talk to you, try to at least get their names.
|Keep Detailed Records
|Maintain a detailed record of all medical treatments, missed workdays, and other ways the injury has impacted your life, including emotional distress.
Contact The Law Offices of Eric Richman for a Free Consultation
If you or someone you know has been injured in a slip-and-fall accident, knowing the laws that influence settlement amounts in your area is critical to obtaining the best settlement amount possible. Slip-and-fall case settlement amounts in NYC vary, and working with a legal expert can save you time and frustration and help you secure a settlement that accurately represents the impact of your injuries and financial losses.
If you need guidance on handling a slip-and-fall case in New York City, we can help. The Law Offices of Eric Richman provides compassionate, expert legal representation for the New York City Area. Call us at 800-801-9655 to discuss your case or request a free consultation online.