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May 15, 2024 | Slip & Fall

Average Slip & Fall Settlement Amounts in New York

While the average slip-and-fall settlement amount can be between $10,000 and $50,000, we've had more considerable success winning a case of $445,000 for a female who slipped and fell on a wet floor (no wet signs) in Brooklyn and underwent an ACL repair 21 months after the accident.

This guide aims to shed light on the complexities of slip-and-fall cases in New York, offering insights into what victims can expect in terms of financial settlements, legal challenges, and the path to recovery.

How much is a slip-and-fall case worth in New York?

The value of a slip-and fall-case in New York varies, ranging between $10,000 and $50,000. However, these figures can fluctuate significantly depending on factors such as the severity of the injury and the impact on the victim's life. Generally, more serious injuries/losses could lead to higher settlements.

The calculation of a settlement is not solely based on medical expenses. Lost wages, future medical treatment costs, pain and suffering, and diminished quality of life are also significant contributors to the overall settlement amount. For instance, a severe injury resulting in chronic pain or disability can escalate the settlement amount well beyond the average range.

Victims should also be aware of New York's comparative negligence law, which can influence the outcome of a slip-and-fall case. Under this law, if a victim is found partially responsible for the accident, their settlement amount can be reduced proportionately to their fault percentage.

Find out how a free consultation with a New York slip and fall lawyer from our law firm can help you understand your rights and reach a higher settlement than you might think

How are slip-and-fall settlements calculated?

Slip-and-fall legal settlements are primarily calculated considering the extent of the victim's injuries, required post-injury care, and the recovery time needed to return to full health, alongside any lasting impacts on the victim's quality of life and ability to earn a living in the future.

In addition to economic damages, non-economic damages play a part in the overall settlement amount for slip-and-fall cases. These damages account for the more intangible aspects of a victim's suffering, encompassing emotional distress, loss of life's enjoyment, and physical pain that doesn't have a direct financial cost.

The challenge, however, lies in quantifying these losses. This is where the multiplier method often comes into play, with legal professionals multiplying the total tangible damages (like medical bills and lost earnings) by a factor that reflects the severity and permanency of the injury.

The selected multiplier, ranging anywhere from 1.5 to 5, is largely dependent on the specific circumstances surrounding each case, including the nature and extent of the injuries. This method is used to arrive at a reasonable estimate of the non-economic damages and add it to the overall settlement calculation.

Average slip-and-fall settlement amounts

The amount for a slip-and-fall settlement in New York will differ depending on where the accident occurred, such as at work or in other venues like shopping malls, public sidewalks, or residential properties.

Below are the distinctions between slip-and-fall settlements in the workplace compared to those that happen in other locations, offering insights into the varying factors that influence settlement values.

Slip-and-fall at work settlements

The average settlement amounts for workplace slip-and-fall cases can vary widely, which is why we can't pin a number on them. However, they could be in the range of tens of thousands.

They depend not only on the severity of the injuries and the circumstances of the accident but also on whether the claim is resolved through workers' compensation or a personal injury lawsuit against a third party.

Settlements for slip and fall incidents occurring in the workplace often involve specific considerations that differentiate them from other slip-and-fall cases. 

In New York, workers' compensation typically covers employees injured on the job, providing them with certain benefits regardless of fault. These benefits might include:

  • Medical expenses
  • A portion of lost wages
  • Compensation for permanent disabilities

However, workers' compensation does not cover non-economic damages such as pain and suffering.

In some instances, if the slip-and-fall was caused by a third party's negligence (someone other than the employer or co-worker), the injured employee might have the right to pursue a personal injury lawsuit against that party. This type of lawsuit could result in a settlement or award that includes compensation for pain and suffering, in addition to the benefits received through workers' compensation.

Slip-and-fall accident settlements in other venues

Settlements for slip-and-fall accidents that occur in venues other than the workplace, such as public shopping malls, are generally governed under the principles of premises liability. Premises liability laws require property owners and managers to keep their spaces reasonably safe for visitors. When they fail in this duty, and someone is injured as a result, the victim can pursue a slip-and-fall settlement against the property owner.

In the case of public shopping malls, the amount of a slip-and-fall settlement can vary significantly based on several factors, including:

  • Severity of the injury
  • Level of negligence on the part of the property owner or manager
  • Impact of the injury on the victim's quality of life and financial situation

If the accident was due to someone else's negligence, the victim may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

Premises liability and slip & fall settlements in these environments also take into account the clearness of the property owner's liability. For example, if the property owner was previously aware of a hazardous condition and did not take reasonable steps to rectify it, this could significantly influence the settlement amount in favor of the injured party.

Negotiating a fair settlement in premises liability cases often involves a detailed analysis of the circumstances surrounding the accident, including compliance with local safety standards and regulations.

How much can YOU get for a slip and fall?

If you've experienced a slip, trip, or fall that resulted in injury, you may be entitled to compensation that can vastly aid your path to recovery. Each case carries its unique circumstances, and understanding your rights is the first step towards securing the settlement you deserve.

The best way to maximize your payout following a slip and fall injury is to seek expert legal guidance from an experienced attorney. This is vital to secure your financial future and ensure you receive the support needed for a full recovery.

We provide an initial free consultation to discuss your case and start to plan the next steps in seeking the justice and compensation you deserve.

Your slip and fall lawsuit payout could be more than you think!

Don't hesitate to reach out and get the professional insight you need from a personal injury lawyer on a NYC slip and fall claim. You could be overlooking significant compensation that rightfully belongs to you. Remember, understanding the nuances and potential slip and fall payouts is essential in ensuring you're not settling for less than what your case is worth. 

Contact us today for a free consultation. Our experienced slip and fall attorneys will analyze your situation, guide you through your options, and help you fight for the justice and compensation you're entitled to.

FAQs

How much is pain and suffering worth in a slip and fall?

The value of pain and suffering in a slip and fall case can vary widely. It's typically calculated based on the severity and impact of your injuries, using a multiplier of your tangible damages. Settlements might range significantly, emphasizing the importance of a personalized evaluation of each case.

How much can you get for falling in a store?

Settlement amounts for falls in stores can vary greatly, often being 5-digit payouts, and are influenced by the severity of the injury, the store's liability, and the impact on the victim's life. It's essential to consult with a legal expert for an assessment tailored to your specific case.

How long does a slip and fall case take to settle in NYC?

The duration of a slip and fall case settlement in NYC can vary, generally taking anywhere from several months to several years. The timeline heavily depends on the case's complexity, extent of injuries, and negotiation between involved parties.

What is the highest paid slip and fall settlement?

Among the highest recorded slip and fall settlement cases today involved a man who sued New York City for $18 million after falling into an unmarked open manhole in 2024, resulting in severe, permanent injuries. This was after the city initially offered $2,000 to settle the case.

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