Based on statistics compiled by the Centers for Disease Control and Prevention (CDC), more than one million Americans are injured in slip and fall accidents each year. The CDC also divides slip and fall accidents into two categories – elevated falls and same-level falls.
Same-level falls are the most common and result in more injuries to more people. Elevated falls, however, are the most serious and cause more serious injuries. As a result, not all slip and fall cases are worth the same amount of compensation. Below, you can read about the factors lawyers consider when evaluating slip and fall cases.
How Long the Hazard Existed
Some slip and fall accidents occur before steps can be taken to correct the underlying problem. Other times, hazardous situations that lead to slip and falls have existed long enough that reasonable actions could have been taken to correct the problem.
If it can be demonstrated that the party who caused your accident had ample time in which to remedy the conditions that led to your accident, you have a much greater chance of obtaining compensation.
Whether Routine Checks Were Performed
Routine checks or maintenance of property must be performed to prevent unsafe conditions that could lead to injuries in visitors. If a person performed reasonable routine checks or maintenance of the property to prevent a hazard, this can influence whether or not that party should have detected the hazard and thus prevented the slip and fall.
Steps That Could Have Been Taken
Some slip and fall accidents occur due to factors that could have been easily remedied if the responsible party had more control. Other accidents are due to factors that are much more difficult to remedy.
If your accident occurred as the result of factors that could have been quickly or easily corrected, you likely have a stronger argument that you deserve compensation. Talk to our slip and fall accident attorneys Floral Park or a Garden City slip and fall injury attorney from our firm to understand how you stand from a legal point of view. Your legal representatives can build a strong negligence case based on the evidence you provide. Moreover, they will most likely investigate the accident of their own, as you will most likely face the defendant’s comparative negligence strategy. It is something your attorneys can easily break once they have all the documents, evidence, and testimonies necessary to support your case.
Good lighting can greatly reduce a person’s chances of ending up in a serious accident. If the slip and fall accident occurred in a location where the lighting was good, then you may experience more difficulty in pursuing adequate compensation for your injuries.
Victim’s Degree of Fault
New York is a comparative fault state, which means that the degree of fault attributed to an accident victim can lead to reduced compensation. If the injured party contributed to causing his or her own accident in any way, this responsibility can end up reducing the amount of compensation that the victim is ultimately owed.
The degree of fault that an accident victim had in causing an accident will be assessed by engagement as well as warnings provided to the plaintiff. If the accident victim was engaging in activities like talking or texting on the phone at the time he or she fell, the victim might be found to have played a substantial role in causing the accident.
How the Victim was Dressed
While it might seem like a less serious issue, the clothing and shoes that a slip and fall victim was wearing can end up influencing the amount of compensation that he or she receives. For example, a court might determine that an accident victim’s high heels contributed to a fall.
If a person was wearing flat shoes, however, there might be a stronger argument for obtaining compensation.
Whether Warnings were Posted
One issue that can impact the amount of compensation a person can recover is whether a store attempted to warn others of the hazardous condition that led to the accident. Not just whether signage was posted, but also the number of signs posted can end up impacting the compensation that an accident victim receives.
While courts might determine that a store owner failed to satisfy his or her duty to warn, it might also be the case that a sign was too far away or that posting only one sign was insufficient.
The Extent of Economic Damages
After slip and fall accidents, the amount of medical bills that a person faces is taken into consideration. These bills include things like emergency services, physician treatment, prescription costs, and other costs associated with medical care.
Almost always, the greater the damages that a slip and fall accident victim faces, the larger the amount of compensation that the victim can claim.
The Extent of Non-Economic Damages
Non-economic damages refer to non-monetary losses like pain, suffering, inconvenience, emotional distress, and loss of companionship. Unlike economic damages that are associated with things like lost wages and medical bills, non-economic damages are generally more difficult to calculate.
Cases involving things like mental anguish and traumatizing memories associated with the slip and fall are much more likely to result in a greater amount of compensation.
Remember What You Can do to Avoid Slip and Fall Accidents
People who want to avoid ending up injured due to a slip and fall accident can take several important preventative actions, which include:
- Make sure to wear the proper shoes for your work environment. Many types of slip-resistant shoes are available. Another good way to make shoes less slippery is to scuff the shoes before wearing them.
- Avoid working, shopping, or walking in the dark. Using adequate lighting is one of the best ways to avoid tripping over objects.
- Make sure to be vocal and inform others that you are walking. This way, other people will not end up creating hazards that result in slip and fall accidents.
- Remember to wear flat footwear when walking through unfamiliar areas because this can greatly decrease your risk of being injured in a slip and fall accident.
Why Work with a Slip and Fall Accident Lawyer on Your Case?
Being injured in a slip and fall accident can disrupt your plans for the future. During this challenging time, you deserve to focus on your health and well-being–not stress about complicated legal matters.
You should consider partnering with our team because:
We Work on a Contingency-Fee Basis
It costs you nothing out of pocket to partner with our firm. That’s because, if your case succeeds, we’ll take our attorney’s fees from the funds we get for you.
Our slip and fall accident lawyers don’t charge hourly rates, retainers, or by-the-service fees. We want to make securing legal representation as easy (and affordable) as possible.
We will Pursue the Full Value of Your Accident-Related Losses
As noted, getting hurt in a slip and fall creates extensive medical bills and other related expenses. Our law firm wants you to recover everything you are owed. To determine what constitutes a fair settlement, we will evaluate your:
- Quality of life
- Injuries’ severity
- Economic damages
- Ability to work in the future
- Missed time from work
- Mobility and independence
- Your prognosis and diagnosis
There is no limit to what you can request for your fall-related damages. We will seek everything you deserve.
Insurance Companies Don’t Always Treat Claimants Fairly
After a slip and fall, the insurance company might do everything possible to contest your claim. It may argue that you caused the accident or you didn’t even fall at all. This is where our New York slip and fall injury lawyers come in.
We can manage all communications with the insurance company while you focus on feeling better. We will:
- Field all emails and phone calls from the insurer
- Protect you against bad faith insurance practices
- Write and send a demand letter
- File your claim
- Negotiate a settlement
We will also abide by the insurance company’s deadlines.
We’ve Recovered Millions for Injured Claimants
Our law firm has more than 100 years of combined experience advocating for injured people. Consider this outcome we secured for a slip and fall injury claimant:
- Our client was vacationing in Puerto Rico when he slipped and fell on a wet floor after exiting an elevator.
- They suffered a broken hip and required surgery back in their native New York.
- We fought to have the case tried in a New York court, where we knew we could get a higher settlement than in Puerto Rico.
- We secured an $875,000 verdict in civil court.
We’re ready to put the same time, energy, and commitment into your case as we’ve done for other clients.
We Offer Free Case Reviews
We don’t want you to feel pressured to work with us. That’s why we offer prospective clients free case reviews. During our no-obligation conversation, we can discuss:
- Your financial recovery options
- How your accident happened
- Your necessary medical care
- What you’re seeking through the legal process
- What you’re looking for in a lawyer
We can also discuss how our team offers contingency-fee-based representation.
Contact an Experienced Personal Injury Attorney
If you or a loved one has been injured in a slip and fall accident, one of the best steps that you can take is to retain the assistance of an experienced Long Island personal injury attorney. Contact the Law Office of Cohen & Jaffe LLP today at (516) 358-6900 to schedule a free consultation.
For a free legal consultation, call 516-358-6900