A severe slip and fall is no laughing matter. While often used for a gag in films or television, the reality is that a slip and fall can cause severe injuries. You could end up burdened with enormous medical expenses, lengthy physical recovery, or permanent injuries.
Our lawyers are here to help. We can give you the peace of mind that comes with knowing you have effective legal counsel in your corner. Our team can collect evidence, interview witnesses, and hold those responsible for your injuries accountable in court. We will fight hard and do our best to get you the compensation you need after a slip and fall.
Reach out to the slip and fall injury lawyers at The Carrion Law Firm at (631) 910-7493 to talk about your case.
Things to Know About Slip and Fall Lawsuits in Islip, NY
Getting into a lengthy legal battle without some knowledge of what to expect is generally not advisable. There are important things you should be aware of so that when you consult with our lawyers, they can offer you the best service possible and file a timely, effective claim on your behalf.
Statute of Limitations
You only have a set amount of time to file a lawsuit for personal injuries in New York. The statute of limitations for personal injury lawsuits in New York is three years per C.V.P. Law § 214. Statutes of limitations exist to make sure that the facts of a case are fresh in the mind of all parties involved and to let people move on with their lives without the shadow of a potential lawsuit looming over their heads.
If you try to sue after the statutory period has run out, a court will not hear your case. Make sure you file your slip and fall claim as soon as possible so you do not lose your ability to recover damages.
Comparative Negligence
New York uses a “pure comparative negligence” standard for personal injury cases. This means that defendants pay damages based on how much of the accident was their fault.
Comparative negligence legal standards can help plaintiffs because they will likely be awarded some compensation, even if they were partially at fault for their own injuries. For example, a plaintiff who made their situation more dangerous by carrying too much but was still injured falling down dangerous, unkempt stairs still could probably recover damages depending on other factors in the case. However, their compensation would be less than it would be were they not at fault at all.
Make sure when speaking with opposing parties that you do not say things that could attribute some of the blame for your injuries to yourself. Avoid saying things like “I could have been more careful” or “I made a mistake.” While those phrases might seem harmless, they could be used against you in court to reduce your recovery or take the blame away from the defendant.
Damages in an Islip, NY Slip and Fall Lawsuit
If you are successful in court, damages will be awarded based on a number of factors. The most important factor in calculating damages is the extent of your injuries. Collecting documentation like pictures of your injuries and bills for treatment to be examined by our personal injury lawyers will be critical to the success of your case. However, other considerations besides physical injuries are also taken into account and could affect the damages you are awarded.
Cost of Medical Treatment
Medical bills generally make up the bulk of damages awarded in slip and fall lawsuits, or any personal injury lawsuit, for that matter. Medical expenses like hospital stays, surgeries, and physical therapy can quickly add up to hundreds of thousands of dollars and go beyond what insurance can cover.
Evidence such as receipts for a hospital stay or insurance claims can be helpful in establishing how much compensation you should be awarded for medical treatment by the court.
Lost Enjoyment of Life
If you used to enjoy doing certain activities but can no longer do them because of your injuries, that could also factor into your damages. For example, if you enjoyed hiking but can no longer participate after your injuries because of lost mobility or chronic pain, you could be compensated for that.
Lost Income and Earning Potential
If you can no longer do your job because of your injuries, you could be awarded damages based on what you would have earned had you not been injured. The idea behind most damages in a personal injury lawsuit is to put the plaintiff in a similar position to where they would be if they were not injured. In this case, damages could be awarded based on what you could have earned from work you can no longer do. For example, a construction worker who loses some range of motion in their arms after a slip and fall might not be able to do their job and could be awarded damages based on their prior income for their injuries.
Pain and Mental Anguish
If your injuries were particularly painful or traumatizing, that experience could factor into damages. Examples of mental anguish from a slip and fall injury could include fear of being injured again, anxiety, and emotional distress. Because these things are abstract concepts that are hard to quantify, there is no set method for calculating how much they are worth as damages.
Similarly, there is no set dollar amount for how much an injury hurt or the burden of chronic pain. You will need to argue in court what these injuries are worth to recover damages for them.
Get in Touch with Our Islip, NY Slip and Fall Lawyers Today
Do not hesitate to call the slip and fall injury lawyers at The Carrion Law Firm at (631) 910-7493 for a free analysis of your case.