November 22, 2023
Summary:
- Slip-and-fall damages can be compensated in a New York personal injury claim.
- Types of damages in a slip-and-fall claim include economic and non-economic damages, with the rare possibility of punitive damages to penalize exceptional negligence.
- The value of slip-and-fall damages is validated with evidence of financial hardship or emotional losses
- Damages are evaluated with regard to the physical, financial, and emotional toll they have taken on a plaintiff’s life
- Recovering slip-and-fall damages in New York requires establishing liability by proving the defendant’s negligence.
- Workers’ compensation claims involving occupational slip-and-fall injuries do not require plaintiffs to prove fault in order to obtain benefits.
Following a slip-and-fall accident, a personal injury claim can provide injured New Yorkers with a path to recover compensation for their damages. The process of describing damages, connecting those losses to the injury, and ascertaining their monetary value is most effectively handled by capable slip-and-fall accident lawyers like our team at Cellino Law.
Our team will diligently strive to maximize your slip-and-fall damages because we understand that fair financial compensation is a critical step to rebuilding your life after a serious slip-and-fall accident. We encourage you to reach out to us at (888) 888-8888 or complete our online form to schedule a free consultation with one of our expert New York slip-and-fall accident attorneys.
Types of Damages Available in a Slip and Fall Accident Claim
As the plaintiff in a slip-and-fall accident lawsuit, it is beneficial to be familiar with the types of damages you may qualify for. Your personal injury attorney will have you focus on identifying your compensatory damages first, which are losses resulting from your slip-and-fall accident injuries. This category can be subdivided into economic and non-economic damages.
The financial consequences of your injuries are considered economic damages. This would describe costs like medical bills for medication, physical therapy, or a cast. If you lost income because of your slip-and-fall injury, that would also qualify for compensation. Non-economic damages address a plaintiff’s emotional losses, like pain and suffering.
Plaintiffs may also receive punitive damages in a slip-and-fall accident claim, which are not meant to directly compensate for any specific loss, but rather address the defendant’s behavior. Punitive damages are used to penalize the defendant for exhibiting an exceptional level of negligence towards the plaintiff and hopefully discourage such reckless conduct in the future.
How the Value of Your Slip and Fall Damages Will Be Determined
Once your damages have been identified and their connection to your slip-and-fall accident injuries is verified, the next hurdle to recovering compensation is to assess and prove their monetary value. Your slip-and-fall accident lawyer will lead the effort to collect evidence that supports the amount for which you are seeking compensation.
With economic damages, this is usually a straightforward process that involves collecting medical bills, pay stubs, receipts, and other documentation that details the specific dollar amount of each expense related to your slip-and-fall. Non-economic damages are harder to quantify, so they may require expert witness opinion, personal testimony, and statements from loved ones to determine their value.
Damages are also assessed in terms of how much they have impacted an individual plaintiff’s life, including their career, ability to enjoy life, mobility, mental health, and other aspects. Plaintiffs with catastrophic injuries are likely to recover larger settlements in acknowledgment of the severity of their injuries and the damages they will continue to accumulate over their lifetime.
Understanding the Process of Recovering Compensation For Slip and Fall Damages
Provided that your slip-and-fall case meets New York’s serious injury threshold, you may be able to recover slip-and-fall damages once you have established liability. A valid slip-and-fall accident claim requires evidence that the defendant owed the plaintiff a duty of care but did not fulfill it by behaving negligently.
The reckless action must be responsible for causing the slip-and-fall accident where the plaintiff sustained their injuries. Medical records are key to demonstrating this causal relationship and the severity of your injuries. Once this foundation has been laid, you must provide evidence that you suffered damages as a direct consequence of your slip-and-fall accident injuries.
If you were injured in a slip-and-fall at work, you do not need to go through this process because fault is not a factor in a workers’ compensation claim. You will still need to provide evidence that your occupational injury resulted in your slip-and-fall damages in order to claim your workers’ compensation benefits.
The Slip and Fall Accident Attorneys of Cellino Law Can Offer Exceptional Representation
At Cellino Law, we take great pride in how we treat our clients. Our commitment to respect, honest communication, and excellent results have earned us the respect of our clients and colleagues alike. As your personal injury attorneys, we will leverage our experience, resources, and knowledge to maximize your compensation for your slip-and-fall damages.
Contact Cellino Law to Discuss Your New York Slip and Fall Accident Lawsuit Today
At Cellino Law, we understand that securing a slip-and-fall settlement serves multiple purposes. Not only does it restore a plaintiff’s finances and acknowledge the significance of their losses, but a settlement also holds a negligent party accountable for their actions. Our team will diligently seek the maximum compensation possible for your slip-and-fall damages.
The experienced personal injury lawyers of Cellino Law are regarded as accomplished negotiators for a reason. We will put our considerable skills to good use to secure a settlement that compensates your medical bills, reduced earning capacity, emotional distress, and other slip-and-fall damages. Call (888) 888-8888 or complete our online form to schedule a free consultation.
Frequently Asked Questions
Can I recover slip-and-fall damages on behalf of a deceased loved one in a wrongful death claim?
If you are a close relative of someone who suffered fatal slip-and-fall accident injuries, you may be able to recover compensation for damages in a New York personal injury claim filed on behalf of the deceased’s estate. You would need to have sufficient evidence that their death was the result of a slip-and-fall accident caused by another party’s negligence to be eligible.
Wrongful death claims can provide compensation for funeral and burial expenses, final medical care for the deceased, loss of income, and other financial costs. New York does not currently allow family members of a deceased loved one to recover compensation for most of their own non-economic damages, such as loss of consortium or emotional distress.
Do I need a personal injury lawyer if I am filing a workers’ compensation claim for my slip-and-fall damages?
To have the best chance of securing the workers’ compensation benefits you deserve, hire a personal injury attorney to represent you. They regularly deal with insurance companies, so they can provide expert advice on how to negotiate with a carrier who tries to offer a lower rate than you deserve, advocate for your rights during the process, and ensure critical deadlines are met.
Will my slip and fall accident settlement be reduced if I am partially liable for the incident?
Under New York’s pure comparative negligence policy, your slip-and-fall accident settlement will be diminished by the percentage of the fault you are responsible for. For example, if a judge decides that you were 30% at fault for your New York slip-and-fall accident, your settlement would incur a corresponding reduction of 30% in acknowledgment of your role.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.