What is the Average Slip and Fall Settlement in New York?
Unfortunately, there is no average settlement amount that can tell you what your New York slip and fall claim may be worth. However, there are specific factors that will influence how much a case is worth.
If you want a better idea of how much you may receive to settle your slip and fall claim, speak with an experienced lawyer who can give you a personalized analysis. The New York slip and fall attorneys at Douglas and London will look at the full scope of facts surrounding an injury to give clients an idea of the compensation they may receive.
Factors influencing a settlement amount
Your case’s value is based on how likely a jury would find in your favor and the amount that they would likely award. The attorneys on both sides will look at the case from many angles to calculate the likely verdict range. Some of the considerations that NYC slip and fall lawyers make include:
- Monetary Losses – Larger medical bills and lost wage claims are likely to net higher awards.
- Non-monetary losses – Pain and suffering, disability, disfigurement, and loss of companionship are a few examples of damages that are not represented by dollar amounts.
- Special injuries – Some injuries, like eye injuries, tend to draw larger verdicts than injuries that result in similar economic and non-economic losses.
- Fault – Even a plaintiff who is partly to blame for their fall may recover from an at-fault party, but it will reduce the amount recoverable. The more clear liability is, the more likely a party will receive full compensation.
- Local trends – The juries in some geographic areas tend to be more plaintiff-friendly, while in other areas, verdicts in similar cases tend to favor defendants.
- Personality – If a party or witness comes across as exceptionally truthful or untruthful, it can increase or decrease a possible settlement amount.
- Outside pressures – Some parties need to settle a claim quickly to pay bills or take care of other matters held up by litigation or a long insurance claim process.
Your lawyer will often create a demand package that documents the claim, including bills, medical documentation, verification of lost wages, and a written description of the effect that the injury has had on the claimant’s life. This begins the negotiation process that can lead to a settlement.
How to improve the settlement value of a slip and fall injury
Early action and thorough documentation can help you get the most out of your slip and fall injury claim. Some steps you can take include:
- Take photographs at the scene and gather the names and contact information of witnesses to help prove liability.
- See a doctor as soon as possible to assess your injuries and keep all of your bills for medical providers, medications, and other injury-related costs in one place.
- Write down your experiences. Keeping a journal with your recollection of the fall, log of medical appointments and associated costs, daily pain level, and activities that the injuries have affected can help prove your claim.
- Speak with a personal injury lawyer before talking with the insurance company; anything you say to the insurance company can be used to undermine your claim, but if you are represented by counsel, your attorney can handle those conversations for you.
Contact us for a free consultation
After a fall injury, you may have a lot to manage. A personal injury lawyer can help you understand your rights and then fight for them. However, statutes of limitations limit how long you have to file a lawsuit or an insurance claim, so it is important not to wait.
At Douglas and London, our team focuses on those injured by someone else’s carelessness. We are not afraid to fight insurance companies and other big businesses. We give you an honest assessment of your claim and then get to work building the strongest case possible. If you or a loved one have sustained an injury due to an NYC slip and fall, do not wait to call Douglas and London. All consultations are free and confidential.
- Scholarship@CornellLaw, What is the Settlement Rate and Why Should We Care?, https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub
- JD Supra, NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence, https://www.jdsupra.com/legalnews/ny-high-court-overturns-25-years-of-20328/