Premises liability claims cover injuries that arise from falls, dog bites, and other instances that happen on another party’s property. However, placing a set value on such claims is not always straightforward, as most cases come with their own set of complexities. When thinking about the average premises liability settlement in New York, there is no clear information. Some people recover thousands of dollars in damages. Other claimants do not recover anything at all.
A slip, trip, or fall can affect two people in entirely different ways, with varying recovery times and appropriate treatment plans. While it can be disappointing to learn there is no simple way to value an injury claim, you still may have legal options. A personal injury lawyer can review the facts of your situation and determine the cost of your expenses.
Certain Aspects of Your Case Will Determine Its Value
To fully understand the financial consequences of an accident, you must first determine how the incident has affected you personally. Factors such as age, activity levels, body composition, lifestyle, and even gender can impact the amount of time it takes to recover from an injury. The circumstances of your accident and the severity of harm you suffered will play into the value of your personal injury case.
However, to determine the impact of a premises liability accident, you will need to gather and review various forms of evidence. When you work with a lawyer, they can provide an investigation into the cause of your accident and help you gather witness statements, medical and employment records, and other relevant documents.
Through an investigation, your lawyer may also be able to determine fault and liability for your accident. If they are able to accomplish this goal, then they can move forward in recovering compensation for your expenses.
A Lawyer Can Help You Recover the Cost of Your Damages
When you work with a lawyer, their goal is to recover compensation for your various economic and non-economic damages. Economic damages account for quantifiable financial expenses relating to your accident. These are direct monetary losses resulting from your injuries.
- Medical bills
- Rehabilitation costs
- Lost income
- Reduced future earning capacity
- Property damage costs
Noneconomic damages are losses that do not have an established monetary value. Your lawyer will need to work with the insurance company to calculate the value of these expenses.
Some types of non-economic damages include:
- Pain and suffering
- Impaired quality of life
- Loss of consortium
Rather than contemplating how much the average premises liability settlement is in New York, it is perhaps more beneficial to think along the lines of how the accident has affected you on a personal
level. Discussing your case with a law firm during a free case evaluation can be an excellent place to start.
You Have a Limited Time to Recover Compensation through a Lawsuit
It is important to be aware of the deadlines imposed under New York’s statute of limitations. Per New York Civil Practice Law & Rules (CVP) §214(4), you typically have three years to initiate a premises liability lawsuit. In the event of wrongful death, qualifying representatives have two years from the date of their loved one’s passing to file a lawsuit, per Estates, Powers & Trusts (EPT) §5-4.1.
Considerations Following a Premises Liability Incident
After being injured on someone else’s property in New York, you will usually file a claim with the property owner’s insurance company. Yet, while most personal injury cases are resolved in this manner, you may need to file a lawsuit to recover compensation.
Many injured parties seek legal representation to help determine the most suitable course of action for their situation. There are also steps you can take on your own behalf to bolster your case.
If you are able, you should consider:
- Documenting the accident scene (this could be by taking photographs or writing down witnesses’ contact information)
- Seeking medical attention; your health is a priority in the event of an accident
- Documenting your treatment and following your treatment plan
- Recording how the accident has affected your everyday activities physically and emotionally
- Keeping records of all expenses related to the accident
Knowing how to manage a slip and fall claim can be confusing, especially if you are recovering from serious injuries at the same time. A personal injury lawyer can clarify your legal options and build a case on your behalf. After liability is established, and the physical, emotional, and financial consequences of your accident are evaluated, negotiations for a fair settlement can begin.
Discuss Your Legal Options in a Free Case Evaluation
With over a century of combined experience, the Law Office of Cohen & Jaffe, LLP, understands how a slip, trip, or fall accident can have more than just physical consequences.
We have helped many clients in similar cases. We can help you too. To find out more about your legal options, call for a free case review at (516) 358-6900. We can help you take steps to protect your well-being and future.
For a free legal consultation, call 516-358-6900