What’s a Good Settlement for a Slip and Fall Injury in New York?
People often underestimate the severity of slip and fall accidents. If your slip and fall injuries have resulted in serious losses, talk to our attorneys about how much the payout for your accident might be worth.
Slip and falls happen almost every day, and injuries range from mild bumps and bruises to severely devastating injuries. A good way to determine what your case might be worth is to review the factors that might increase or decrease your potential payout with your lawyer. While your injuries are the prime focus of your case, various factors surrounding how the injuries occurred can also play a role in your settlement. Our attorneys can go over your case and help you figure out what your claims are worth and counteroffer if the settlement is not enough.
For a free review of your case, call our New York slip and fall lawyers at The Carrion Law Firm at (646) 362-4815.
What is a Good Amount for a Slip and Fall Injury Claim Settlement in New York?
The average payout for slip and falls in New York is hard to determine precisely. The best settlement will be one that accounts for all the losses stemming from your accident and injuries. In any case, financial compensation is based on numerous factors that tend to vary based on the circumstances. For example, one plaintiff might have fallen down the stairs in a department store while another might have slipped in a spilled drink in a restaurant.
While both are slip and fall accidents, and both plaintiffs might be badly hurt, many differing factors and circumstances affect the final payout for both cases, and the final payout for both cases might be vastly different. Generally, the owner of the property where the plaintiff slipped and fell is held responsible for the injuries. This also affects the amount of compensation the injured party might receive.
Businesses or corporate entities generally have greater financial resources and might be more capable of paying larger amounts of compensation. A person might be legally liable for their injuries, but they might only have so much insurance and personal finances to rely on before nothing is left.
Payouts also depend on whether the parties involved are willing to cooperate. In cases where both parties are willing to negotiate, settlements are more likely, and plaintiffs get paid faster. In cases where the parties are more acrimonious, the case might be drawn out for months or even years. However, the more serious the slip and fall injury, the more we will usually be able to get for your settlement.
How Do You Negotiate a Settlement After Suffering Your Slip and Fall Injuries in New York?
As mentioned, you can file a lawsuit against the owner of the property where your accident happened. However, preparing for a trial can take a long time and be emotionally exhausting. In many cases, the parties to a lawsuit opt for a settlement.
A settlement is a deal between the parties. Typically, the defendant agrees to pay an agreed-upon sum to cover the plaintiff’s damages. In return, the plaintiff agrees to drop the case, and they lose their right to file the lawsuit at all.
Settlements can be beneficial in numerous ways, but they are not required. If you reject a settlement offer, that is not necessarily the end of things. You and your lawyer can make a counteroffer to the defendant for a better settlement. Alternatively, you can shut down negotiations and take your case to trial.
Our New York slip and fall attorneys can help you negotiate the best settlement possible for your case and maximize your compensation. We can also help you determine if a settlement offer is good or bad and your odds of success at a full trial.
Determining the Value of Your Settlement in a New York Slip and Fall Case
While an overall average payout for slip and falls is hard to say, there are ways you and our team can assess the value of your specific case. Numerous factors surround the issue of financial compensation. Some factors might help increase the payout amount, while others might work against you. It is important to go over your case with a fine-tooth comb with an experienced attorney to get the most for your injuries.
What Makes Your Case Worth More?
Plaintiffs with severe injuries are more likely to incur greater economic damages, especially those involving medical bills. As a result, these plaintiffs tend to see greater financial compensation. You must get to a hospital immediately after a slip and fall accident. The sooner you get to a hospital, the more accurate your medical records may be regarding the accident, and the stronger our evidence will be to prove your claims.
Another factor that might lead to a more significant payout is the defendant’s obvious or even shocking acts of negligence. Slip and falls are often related to rather mundane instances of negligence. For instance, a business might have missed a spill, or the homeowner might have forgotten to clear the ice from their front walkway before guests arrived. However, other cases might involve more egregious failures.
Perhaps the property owner knew their stairs were unsafe but refused to make repairs because they did not want to pay the cost. Such blatant negligence will not bode well for defendants, and juries might be more inclined to award more significant damages.
The best way to maximize financial compensation is to have the strongest evidence possible. Cases with strong evidence are more likely to succeed in court. If you have trouble obtaining evidence, talk to your attorney about how you can build the strongest case possible with what evidence you have.
What Makes Your Case Worth Less?
Carelessness on the part of the plaintiff may negatively impact the ultimate payout in a slip and fall case. For example, if the defendant proves that part of the reason you fell was that the heel of your shoe broke off and you were off-balance, the jury might believe you partially contributed to the accident. In that case, your damages might be reduced.
Compensation might be smaller in other cases when negligence is harder to identify. Perhaps they were a bit careless, but did their actions really constitute a breach of their duty to maintain the property and make reasonable inspections for unknown hazards?
Another issue that might cost plaintiffs financial compensation is waiting to come forward with claims. People sometimes brush off slip and fall accidents and do not consider legal action until their injuries become too painful to ignore. By this time, valuable evidence might be gone, and proving your claims in court might be extremely difficult. It is better to speak with an attorney right after the accident, even if you are still unsure whether to take legal action.
Reasons to Accept a Settlement Offer for Your Slip and Fall Accident in New York
If you have been offered a settlement after being injured in a slip and fall accident in New York, you should discuss the settlement with an attorney before making any decisions. Our Brooklyn slip and fall lawyers can help you determine if the settlement offer is a good one that should be accepted.
A good settlement offer is one that adequately covers your damages. In most settlements, the defendant does not cover 100% of the plaintiff’s damages. The point of a settlement is that each party benefits. Typically, the plaintiff gets some or most of their damages covered, and the defendant saves money by paying less than they would have after a trial. If the settlement offer in your case covers most of your damages, and you can handle anything that is not covered, you might want to accept.
Even if the settlement adequately covers your damages, you should consider whether the settlement represents a just outcome. Many plaintiffs want more than just their damages covered. They want the defendant to learn from the experience so they do not repeat their negligent behavior. If the settlement feels like you are being paid to go away, you do not have to accept, and we can help you get justice in the courtroom.
You should also consider accepting a settlement offer if you do not want to spend more time and money on a trial. Many plaintiffs would rather take a settlement offer and move on than deal with a tiring and complicated trial.
When Should I Reject a Settlement Offer for a Slip and Fall Case in New York?
A general rule of thumb in negotiations is never to accept the first offer. This rule might also be true of settlement negotiations. Often, a defendant will make a relatively low offer first, and it is up to you and your attorney to negotiate for something better. If you are offered a settlement that leaves you with too many unpaid debts, you can reject it for something better.
You should also consider your future needs when negotiating. The settlement might seem good at first because it covers most of your existing damages. However, people receiving ongoing medical treatment might incur future expenses. Your settlement should not be a quick fix but should compensate for all your losses.
Do I Have to Accept a Settlement Offer for a Slip and Fall Case in New York?
You are never required to accept a settlement offer. It is okay to reject an offer after weeks or even months of negotiations. You should also take your time deciding what to do about a settlement and discuss any offers with our lawyers before accepting.
In fact, you should not be negotiating settlement offers alone. An attorney has the legal knowledge and negotiation skills to advocate for you in settlement talks. Your lawyer will work to make sure you walk away with the best settlement possible.
It is your right to file the lawsuit, and you should not feel pressured by anyone to waive this right unless you believe doing so is in your best interest. You should always speak to a lawyer before entering settlement negotiations.
Contact Our New York Slip and Fall Lawyers for Support Today
For a free case evaluation to begin your claims, call our Brentwood, NY slip and fall lawyers at The Carrion Law Firm at (646) 362-4815.