Slip and Fall Settlements
After suffering a serious slip and fall injury, many of our clients ask what types of damages are available through the legal system. Whether you live in New York or New Jersey; were hurt in a gas station parking lot or at a shopping mall, there are some common considerations that impact slip and fall out of court settlement amounts.
Understanding slip and fall lawsuit settlement amounts
Damages in slip and fall cases account for several categories of losses with the intent of making the injured plaintiff whole again. It is up to your lawyer to calculate the full extent of these losses, both current and anticipated, to ensure victims are properly compensated.
The attorneys at Kantrowitz, Goldhamer & Graifman have handled numerous slip and fall injury claims in Bergen County, NJ and Rockland County, NY. We understand every facet of premises liability law and know how to secure the best possible financial settlement for clients. Arrange a private case evaluation with a member of our team to discuss slip and fall compensation amounts and the merits of your claim.
Types of slip and fall damages
Slip and fall compensation falls in two broad categories: special damages and general damages.
Special damages are verifiable financial costs that are directly tied to the injury. Also known as economic damages, this compensation accounts for both past and future losses such as:
- Hospital and medical bills
- Future medical care and services
- Lost income
- Loss of earning capacity
- Injury-related out-of-pocket expenses
- Legal fees
- Household/incidental expenses and necessities
General damages, also known as non-economic damages, are designed to compensate the victim for non-monetary losses. These losses are less tangible, and thus harder to assign a dollar value. General damages slip and fall cases may include:
- Pain and suffering
- Emotional distress
- Loss of consortium or companionship
- Loss of enjoyment of life
- Negative lifestyle changes
Slip and fall punitive damages are awarded to discourage negligent behavior and to punish the defendant for wanton conduct. Unlike general damages, punitive damages are more difficult for plaintiffs to win because the case requires proof of intentional deceit or repeated incidence of gross negligence.
Average settlement for slip and fall injury
No two slip and fall claims will entail the same circumstances, the same injuries or result in equal settlement amounts. As such, there is no average settlement for slip and fall injury victims. The potential value of your claim will depend on the extent and permanency of the physical injuries sustained, your income before the fall, your capacity to work after the injury, and the skill of your legal counsel. The attorneys at Kantrowitz, Goldhamer & Graifman work hard to build a strong claim for damages — a case that could win at trial and potentially cost the defendant a huge verdict. This encourages defendants into settlement talks more quickly.
How long do slip and fall settlements take in NY & NJ?
Even when liability is clear-cut from the start, there are numerous factors that influence a slip and fall settlement timeline. Medical records and injury-related losses must be gathered and tallied, and projected expenses calculated before attempting to resolve the matter with an out-of-court settlement. The amount of ongoing medical treatment needed by the plaintiff will also prolong the timeline.
Insurance adjustors may offer a low settlement to resolve the claim without litigation, especially when personal injuries are deemed minor. As your legal advocate, we will negotiate the highest damage amount and explain the pros and cons of filing a lawsuit if negotiations fail to yield a just outcome.
Maximize your slip and fall lawsuit settlement
Since 1975, the law firm of Kantrowitz, Goldhamer & Graifman has helped clients obtain maximum damages in slip and fall cases throughout New Jersey and New York. We understand the physical, emotional and economic devastation associated with serious personal injury and utilize our vast resources and investigative prowess to optimize the value of your claim.
We possess the skill to negotiate a fair out-of-court slip and fall settlement amount, and though very few claims go to trial, our seasoned litigators will argue your case before a jury if necessary. Find out how Kantrowitz, Goldhamer & Graifman can help you – reach out for a complimentary consultation with our NJ and NY slip and fall attorneys.
Additional slip and fall settlement resources:
- ABA Journal, Jury awards $1.6M to man in supermarket slip-and-fall, including $1M in punitives, http://www.abajournal.com/news/article/jury_awards_1.6m_to_man_85_in_supermarket_slip_and_fall_including_1m_in_pun
- NFSI.org: Trips, Slips, & Falls: New National Standards Certain to be Game Changer, https://nfsi.org/trips-slips-falls-new-national-standards-certain-to-be-a-game-changer/