Average Slip and Fall Settlement Amounts: What You Need To Know

Out-of-Court Settlements for Slip and Fall Injuries

The vast majority of slip and fall injury cases are resolved with a negotiated settlement. Typically, the injured party accepts an agreed-upon amount of financial compensation in exchange for either promising not to sue or agreeing to dismiss any pending legal action. Virtually all of these negotiations are confidential, which is unfortunate for anyone curious about the average value of these settlements.

Settlements in slip and fall accidents usually involve a written release that often prohibits either party from publicly disclosing the specifics of a settlement. For that reason, there is very little public data about the outcome of prior slip and fall injury lawsuits.

The good news for anyone considering legal action after a slip and fall claim is that it could be possible to recover the compensation you deserve despite the lack of information regarding average settlements. One of the roles of your attorney will be to carefully review your case and determine the total value of your damages.

By carefully calculating the amount it will take to make you whole, you could increase your chances of getting a fair monetary award.

Factors That Determine the Value of a Slip and Fall Case

Talk to a Glen Oaks Personal Injury attorney about your case to understand liability, how your actions might have influenced the outcome, your insurance coverage, the impact of your physical injury on your mental health and emotions, and so on. When assigning a monetary value to a claim, your attorney will help you calculate all economic and non-economic damages you might pursue. There are numerous factors that could increase or decrease the potential value of your injury claim or lawsuit following a slip and fall accident.

Some of these factors include:

The Severity of Your Injuries

It should come as no surprise that the severity of your injuries will play a major role in the monetary value of your case. Serious injuries require extensive medical care. Recovering these costs is often a large part of a slip and fall injury settlement.

Other aspects of your case are impacted by the severity of your injuries as well. For instance, you could be entitled to recover pain and suffering damages. Typically, awards for pain and suffering scale with the number of medical bills a person faces.

Contested Liability

Whether or not the property owner takes responsibility for your fall can also impact your case’s value. In some cases, the property owner or their insurance company might agree that liability is clear.

In these cases, negotiations focus on the amount of compensation as opposed to whether compensation is necessary.

A defendant who refuses to accept liability can not only slow down the settlement process but also reduce the value of a potential settlement. With the risk of contentious litigation that could ultimately be unsuccessful, a contested case could push some plaintiffs to accept a lower settlement instead of risk potentially walking away with nothing.

Your Freedom of Fault

Whether or not you were partially responsible for your injuries can also play a part in determining the value of your injury settlement. If you are entirely free from fault, you could expect to recover the full amount of your damages at trial.

However, if you share in the liability for a fall, the courts could reduce the amount of your damages. This reduction could result in lower settlement offers when negotiating with the other side. According to a Long Island personal injury lawyer slip and fall expert, you might be subjected to New York state’s “pure comparative negligence rule.” It determines how much money you can recover from the liable party if you were somewhat negligent as well in relation to your case. For example, if you are found to be 30% responsible for your slip and fall, you will be awarded 30% less damages.

Insurance Coverage

Recovering fair compensation can be more challenging when the property owner in question does not have insurance. While insurance companies have substantial assets to resolve these claims, not all property owners will have the funds necessary to resolve a personal injury case.

The presence of robust insurance coverage likely increases the chances of a higher settlement. That said, there are numerous steps your attorney could take to pursue benefits directly from the property owner after a fall.

New York State’s Statute of Limitations

The statute of limitations could impact the value of your injury claim after a slip and fall accident. In unfortunate cases, injury victims who wait until after the statute has expired to pursue their case could see the value of an otherwise-viable injury case reduced to zero. In New York State, the statute of limitations is limited to three years, as outlined in CVP § 214.

Steps to Maximize Your Slip and Fall Settlement in New York

A successful claim does not happen by chance. Building a strong case requires immediate action and strategic preparation. Here are some key steps to improve the value of your settlement:

Document Everything

After a slip and fall, it is essential to document your injuries, the scene of the accident, and any witness statements. This information serves as the foundation of a convincing case. Also, keeping a personal injury journal detailing your symptoms, pain levels, and treatments over time can support your claim.

Seek Prompt Medical Attention

Immediate medical care not only supports your recovery but also ties your injuries directly to the accident. Without prompt treatment, insurance companies might argue that your injuries are not serious. Remember to follow up with specialists or physical therapists if recommended, as gaps in treatment can weaken your position during settlement talks.

Preserve Evidence

Retain physical evidence like clothing and footwear, and request security footage if available. A photograph of the hazard that caused the fall can be powerful proof. If the fall occurred at a commercial property, gathering maintenance records or incident reports is also helpful, as it can sometimes reveal previous complaints.

Avoid Early Settlement Offers

Insurance companies often offer low settlements, hoping injured parties will accept quickly. Speaking with the Law Office of Cohen & Jaffe, LLP before accepting any offer safeguards your interests. A quick payout may seem appealing when financial pressures are mounting, but careful review and negotiation often lead to settlements that more accurately reflect the true impact of your injuries.

Prepare for Negotiations

Settlement talks are not just casual conversations. According to the American Bar Association, effective settlement agreements help parties resolve disputes, avoiding the risks, delays, and costs of litigation. Many settlements result from mediation, which transforms conflict into resolution and litigation stress into peace of mind. Working with a legal team also allows you to better anticipate the tactics insurance companies may use to minimize your claim.

Taking these steps can strengthen the likelihood of reaching favorable average slip and fall settlement amounts. It is important to stay proactive, communicate openly with your legal team, and remain patient throughout the settlement process.

The Role of a Slip and Fall Attorney

Handling a slip and fall claim on your own can quickly become overwhelming. Hiring an attorney makes a significant difference. Here is why:

• Knowledge of Local Laws: Nassau County has specific property liability regulations that differ from those of other parts of New York. A local lawyer understands these nuances.
• Managing Legal Deadlines: Missing critical filing dates could jeopardize your claim. An attorney ensures that all paperwork is handled on time and correctly.
• Handling Negotiations: Insurance companies come prepared with their own legal teams. Having an advocate on your side ensures that your voice is equally strong at the negotiation table.
• Navigating Court Procedures:  If settlement negotiations fail, moving into litigation is sometimes necessary. As part of their biennial registration, attorneys in New York must report admissions in other jurisdictions, CLE compliance, voluntary pro bono work, and child support obligations.

Working with a trusted Nassau County attorney removes much of the stress from the process and gives you a strong foundation to pursue fair average slip and fall settlement amounts.

Contact a Slip and Fall Lawyer for a Free Consultation

If you are curious about the average settlements available for slip and fall accidents, you could benefit from a discussion with one of our representatives. The team at the Law Office of Cohen & Jaffe, LLP, could carefully evaluate your claim or lawsuit and advise you on the recovery you might be entitled to recover.

Call (866) 878-6774 for a free consultation today.

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