The value of a slip and fall case varies based on the severity of your injury, the cost of medical treatment, and the long-term effects on your physical and emotional well-being. The determination of fault and the amount of insurance available to cover your losses are also significant factors.
If you or someone you love suffered serious injuries in a slip and fall incident on someone else’s property, a New York City slip-and-fall lawyer can offer legal assistance. An experienced slip and fall accident attorney can gather evidence to support a premises liability case and help you seek compensation. Contact David Resnick & Associates today for a free case review.
What Evidence Can Support My Slip and Fall Claim?
Commercial property owners and property managers may be held responsible for slip-and-fall accidents caused by unsafe conditions on premises they own or control.
To prove liability, you will need to show that a dangerous condition existed, such as an icy walkway, wet floors, poor lighting, or broken steps. You must show that the property owner knew or should have known about the unsafe condition and failed to fix it or provide adequate warning. An experienced slip-and-fall accident lawyer will seek evidence of the property owner’s negligence to support a personal injury lawsuit. The evidence in a fall accident case may include:
- Witness statements– Eyewitnesses could provide testimony about what they saw concerning the unsafe condition and your accident.
- Medical reports – Medical records are essential for proving the injuries sustained in a slip-and-fall accident. They also establish the severity of injuries and your prospects for recovery. Medical bills show that you have incurred medical expenses.
- Photos or videos of the accident scene – A personal injury attorney can use photos of the accident scene and videos to document the unsafe conditions that caused your fall.
- Physical evidence – Physical evidence may include the clothing and shoes you were wearing when you fell. It may also include objects and debris from the scene that contributed to your fall.
- Surveillance camera video – There could be surveillance camera footage or cell phone video of your fall that can be obtained from the property owner.
- Reports of similar accidents at the same location – If there are accident reports involving similar slip-and-fall accidents at the same location, they could help establish a pattern of negligence on the part of the property owner.
Strong evidence can increase the value of a slip-and-fall case. The insurance company is more likely to agree to a fair settlement than to go to trial if there is strong evidence of the at-fault party’s negligence.
Our law firm can seek the evidence needed to build your premises liability claim and demand fair compensation for your injuries and losses.
What is the Difference Between Economic and Non-Economic Damages?
Economic and non-economic damages compensate personal injury victims for different types of losses.
Economic damages are your actual expenses. You can calculate them by adding up bills, receipts, and estimates. They include your medical expenses, lost income, lost earning capacity, and other accident-related costs. If your loved one sustained a fatal injury, economic damages in a wrongful death case may also include funeral and burial expenses.
Non-economic damages provide compensation for intangible losses. These losses are harder to quantify because you cannot simply add them up. They include physical pain and suffering, emotional distress, post-traumatic stress disorder (PTSD), anxiety, and loss of enjoyment of life.
An experienced attorney can increase the value of your claim by identifying all of the economic and non-economic damages that are compensable in your case.
What Medical Expenses Could You Recover in a New York City Slip and Fall Case?
The cost of medical treatment is a significant factor in the value of a New York City slip-and-fall case. Medical costs often account for a large portion of personal injury settlements and verdicts.
Recoverable medical expenses include both your current and future medical bills. You may seek compensation to pay for the following:
- Ambulance fees
- Emergency medical attention
- Hospital stays
- Doctor bills
- Surgeries and medical procedures
- Physical therapy and rehabilitation
- Wheelchairs, walkers, crutches, or other mobility aids
- Medications
- Long-term nursing
How Are Pain and Suffering Damages Calculated?
Insurance companies have developed two methods for assigning an amount for pain and suffering.
The Multiplier Method
The most common method insurers use is the multiplier method. This method assigns a number (usually between 1.5 and 5) to use as a multiplier. So, if you have $10,000 in medical expenses and the insurance company assigns a multiplier of three, your pain and suffering compensation would be $30,000.
When assigning a multiplier, insurers consider:
- The severity of your injury
- The expected length of your recovery
- Whether or not doctors expect you to make a full medical recovery
- How your injury affects your daily life
Our personal injury lawyers have handled many personal injury claims and will use our experience to negotiate with insurance companies. We will seek to present a case that clearly shows that the insurance company’s client was at fault and prove the extent of your pain and suffering using medical evidence and testimony from your family and loved ones.
The Per Diem Method
Another method used is the per diem method. Insurance companies assign a dollar amount for each day you must deal with physical and mental injuries from your slip and fall. Typically, this amount is based on your income.
How Does the Severity of Injuries Affect a Slip and Fall Case?
The severity of injuries is a significant factor in determining the value of a slip-and-fall case.
Injury severity determines the extent and cost of your medical treatment. More serious injuries typically lead to higher medical bills.
Severe injuries also tend to have longer recoveries, resulting in greater lost wages. If the accident caused a permanent disability that prevents you from returning to work, you may seek compensation for the loss of your future earning capacity.
If I Am Partly At Fault, How Could It Affect the Value of My Slip and Fall Claim?
In New York slip-and-fall lawsuits, the court looks at the evidence and assigns each party a percentage of fault. If the court assigns partial fault to you, your compensation will be reduced by that percentage.
For example, if you have $100,000 in losses, but the jury believes you are 20 percent at fault, any compensation you receive would be reduced by 20 percent. Your award would be $80,000. The determination of fault and how it affects your compensation are other reasons you need an experienced slip-and-fall lawyer guiding you through the legal process.
How Long Does It Take for a Slip and Fall Case to Settle in NYC?
How long it takes to settle a slip-and-fall case in New York City depends on factors such as the duration of the investigation and the insurance company’s willingness in settlement negotiations to offer fair compensation. Some cases take a few months to resolve, while more complex cases could take a year or longer.
An important deadline to keep in mind is the statute of limitations governing personal injury lawsuits. According to New York State law, you typically have three years to file a slip-and-fall lawsuit. However, if you were injured on government property, the deadline to submit a notice of claim could be much shorter. If you do not file a claim before the statute expires, the court may decline to hear the case.
Contact a New York Slip and Fall Accident Lawyer
David Resnick & Associates, P.C. has fought for injured clients in New York City and on Long Island since 1998. We pride ourselves on the personalized service we provide and our case results, including million-dollar-plus settlements and verdicts for slip-and-fall accident victims.
Our legal team believes in open and honest communication. Attorney David Resnick handles questions directly and often visits clients in their homes. Numerous testimonials, like the following, evidence this dedication:
“This was my first time experiencing a slip-and-fall injury, and I’m happy I trusted my gut to choose David Resnick & Associates, P.C…. They never once stopped fighting my case until it was settled with an amount I was satisfied with. I would definitely recommend them to anyone who is in need of an injury lawyer!”
– Ivone Maduro, March 27, 2025
We are ready to help you maximize the value of your slip-and-fall case. Contact us today to learn more during a free case evaluation.
