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How Much Is My Slip and Fall Settlement Worth?

If you have fallen at a grocery store, shopping mall, or in a parking garage, you may be plagued by medical bills, lost income, and emotional trauma. How can you be expected to pay for your surgeries, prescriptions, and physical therapy when you do not have a steady source of income?

In this article, our Buffalo premises liability attorneys discuss the different factors that are considered in a slip and fall claim.

Slip and Fall Facts

A slip and fall can happen due to an uneven sidewalk, wet floor, bunched carpeting, a waxed floor, or a hole in the ground.

The following facts provide further insight into slip and falls:

  • Falls account for over 8 million emergency room visits each year
  • Five percent (5 percent) of people who fall suffer fractures
  • Most falls occur at the ground level
  • For individuals 85 years of age and older, falls are the leading cause of death due to an injury
  • Over 60 percent of nursing home residents fall each year

Factors Affecting the Worth of Your Slip and Fall Case

While it is difficult to pinpoint the average settlement amount for a slip and fall, certain factors will affect the worth of your case.

Nature and Extent of Your Injuries

The nature and extent of your injuries will play a large role in determining your final compensation. For example, if you fall and twist your ankle, your medical bills will likely not be as costly as if you fall and fracture your hip.

This does not necessarily apply across the board, since an individual may experience complications from even a minor injury, resulting in massive medical expenses.

Measurable Losses

In any personal injury case, your losses will determine how much compensation you receive. Generally speaking, individuals who sustain more serious injuries usually incur more losses. Measurable losses may be monetary (economic) or non-monetary (non-economic) in nature.

Known as economic damages, these losses take money directly from you, such as:

  • Lost income
  • Lost earning capacity
  • Emergency room visits or urgent care
  • Doctors’ visits
  • Prescription costs

In contrast, non-economic damages are subjective losses that affect your quality of life but are not easily quantifiable. These may include:

  • Pain and suffering
  • Mental anguish
  • Infliction of emotional distress
  • Humiliation
  • Reputational damage

Thankfully, there is no statutory cap on non-economic damages. While an insurance company will calculate non-economic damages, our dedicated legal team will take the time to gather all the necessary information to determine the full extent of your losses.

Your Degree of Fault

If a court determines that you contributed to your slip and fall, then you will recover less compensation. Under the state’s pure comparative negligence law, a plaintiff’s damages will be reduced by his or her degree of fault. Unlike other states that bar recovery if the plaintiff is more than 50 percent at fault, in New York, you can recover even if you are found 99 percent at fault.

Injured? Our Buffalo NY Slip and Fall Lawyers Can Help

A slip and fall can impact your ability to work, take care of your kids, and even take care of yourself. If you fell because of another person’s negligence, we are here to help. To request your free consultation, contact us online or by phone.