Long Island Slip and Fall Injury Settlements – What Compensation Can You Expect?

At some point, we’ve all taken a tumble. Perhaps you got caught up in your dog’s leash while out on a walk, or stumbled on a curb while answering a text. In other cases, however, a slip and fall is caused by a dangerous condition on another person’s property.

In these situations, you may be able to file a lawsuit against the property owner. Through a premises liability claim, you can recover money for your property damage, medical bills, lost wages, pain and suffering, and other types of losses. Our seasoned Long Island personal injury attorneys can help you get maximum compensation for your losses.

Based in Melville, The Odierno Law Firm Accident and Injury Lawyers advocates for injury victims in Suffolk and Nassau Counties in New York. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to set up a free initial consultation with a Long Island slip and fall lawyer, contact our law offices today.

Compensation in a Long Island Slip and Fall Case 

In a personal injury case, you may be able to recover money for all of your losses. Slip and fall cases are a special type of personal injury law known as premises liability claims. Just like other types of personal injury lawsuits, they require the injured party (plaintiff) to prove that the at-fault party (defendant) did something wrong. 

Most premises liability claims are based on a theory of negligence, a type of carelessness. In more unusual cases, a claim may be brought based on a theory of intentional or reckless conduct. For example, if a homeowner sets up a “booby trap” on their property as a joke, then that may be considered reckless if someone gets hurt.

In a typical negligence slip and fall case, the plaintiff may be able to recover compensatory damages. This includes both economic and non-economic damages.

Economic damages pay for your financial losses after a slip and fall accident. This may include money for property damage, medical expenses, future medical treatment, lost wages, and reduced earning capacity. For example, if your laptop broke and you broke your arm in a slip and fall, you could recover money to pay for a new laptop and to cover your medical bills. If you were out of work for a while or will earn less money over time due to your injuries, then you can get compensation for that as well.

Non-economic damages pay for your intangible losses, such as pain and suffering, reduced quality of life, emotional distress, scarring, and disfigurement. These types of losses can be harder to put a number on, since you don’t get a bill or an invoice for something like trauma. However, they are an important part of any personal injury claim because these losses can be just as devastating.

Most slip and fall claims will include compensation for these two types of compensatory damages. If your case involves something more than negligence, then you may be able to recover punitive damages. These damages punish someone who acted intentionally or recklessly. A jury may award them in cases involving more extreme conduct.

The majority of premises liability claims won’t involve an intentional or reckless act. Instead, you might get hurt because a spill wasn’t cleaned up properly, a stair was broken, or the snow and ice weren’t cleared from a sidewalk. In these cases, you can still recover money for all of your losses – but your case probably won’t be eligible for punitive damages. Our Long Island slip and fall attorneys can help you determine if you might be able to seek punitive damages based on the facts of your case.

Factors That May Impact the Value of a Slip and Fall Settlement

After you get hurt in a fall, you might be approached by an insurance adjuster. These types of claims are usually paid out by a homeowner’s, renter’s, or commercial general liability insurance policy. The adjuster may ask you to make a statement or even offer you a settlement.

Of course, you can’t know if the settlement offer is decent without understanding the value of your claim. The insurance company is unlikely to offer you a settlement that represents the true value of your case…unless you have legal representation. After all, their goal is to resolve your claim for as little money as possible.

Typically, insurance companies come up with a settlement number using a formula. They will assign a number between 1.5 and 5 to represent the seriousness of your injuries. The adjuster will then multiply your economic damages by this number to come up with an amount for your non-economic damages. This will then be your settlement offer.

Of course, insurance companies have an incentive to make this multiplier as low as possible. This helps to keep the settlement value low. For example, you might think your injuries were pretty serious and should be assigned a 4 out of 5. The insurance company might look at the same evidence and decide that it should be assigned a 2.

There are many factors that affect the value of a slip and fall case. This includes things like:

• If the property owner’s liability is established;
• If you share any blame for the fall (for example, if you weren’t looking where you were going and tripped);
• If your injuries resulted in a permanent disability;
• Your total medical costs;
• Any future medical treatment necessary;
• The length of time that you will be out of work;
• If you will have any long-term restrictions on your ability to work; and
• The size of the property owner’s insurance policy.

For example, if you fell on some debris in the walkway at a business and twisted your ankle, then the value of your case probably won’t be too high if you fully recover after a week or two. However, if you fell at that same business and suffered a spinal cord injury that left you with a permanent disability, then the value of your case will likely be significantly higher.

Our Long Island premises liability law firm is skilled at helping our clients get maximum compensation for their injuries. During a free initial consultation, we will listen to your story and offer you insight into your options. We will also give you an estimate of the approximate value of your case. This number may increase or decrease as your case proceeds.

If you decide to hire our law offices, we will immediately start working to build your claim. This may include steps like performing legal research, interviewing witnesses, requesting photos and videos of the accident, obtaining incident or accident reports, and analyzing your medical records. We will then use all of this documentation to build a case for compensation.

Most personal injury claims – including slips and falls – are resolved outside of the courtroom. Whenever possible, we try to achieve a settlement for our clients. But if the insurance company won’t offer you the money that you deserve for your losses, we won’t hesitate to take your case to trial. As experienced trial lawyers, we know how to put together a case – and get you the money that you deserve for your injuries.

We know that getting hurt in an accident can be scary and traumatic. You may even be reluctant to file a claim if you were hurt at a loved one’s home. Our goal is to guide you through the process, offering you information and advice along the way. We won’t back down from a challenge and aren’t afraid to take your case to a jury to help you achieve justice.

Our Long Island slip and fall attorneys have recovered millions of dollars for our clients over the years. While we can’t guarantee any result, we can promise you that we will fight to help you get maximum compensation for your losses. We also won’t charge a fee unless we recover money for you.

 Hurt in a Slip and Fall? We Can Help.

Slips and falls are incredibly common at businesses, private property, and in public places throughout Long Island. While you might be able to just dust yourself off after some falls, others may result in serious injuries. If you have been hurt in a fall, we will work with you to help you get top dollar for your losses, including lost wages, medical bills, and emotional distress.

At The Odierno Law Firm Accident and Injury Lawyers, we are dedicated to helping our clients navigate the legal system and get the highest possible recovery for their losses after an accident. We offer free initial consultations and never charge a fee unless we recover money for you. If you have been hurt in a fall, we can help you get a settlement that truly compensates you for your losses. To learn more or to schedule a free initial consultation with a Long Island slip and fall attorney, give our law firm a call at 631-973-6221 or fill out our online contact form.

Related: Slip and Fall Accidents at Long Island Apartment Complexes – Tenant Rights

Slip and Fall Injuries at Hotels and Resorts in Long Island: Understanding Your Rights

Why Hire a Long Island Slip and Fall Attorney: Maximizing Your Injury Claim