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How Much is a Slip and Fall Case Worth in NYC?

It’s very common to want to know exactly what your case is worth. Unfortunately, the classic lawyer’s answer applies: “it depends.”
 
Still, we can tell you what will go into that determination, and why.
 

Liability

 
The first thing we have to prove in any slip and fall case is whether someone was liable for your injury. To do that we have to show the following:
  1. There was some sort of dangerous defect, like a hole in the sidewalk, a broken step, a faulty fire escape, a loose stair rail, or a spill.
  2. The defendant, or the owner of the property, should have known about the problem. This means the problem had to have been there long enough for a reasonable person to notice it and address it. It may also mean providing proof that the defect had been brought to the owner’s attention in the past. Or proving the defendant “caused and created” the problem, which can happen. For example, an employee may cause a spill and fail to clean it up.
Sometimes the insurance companies will contest liability. They could do this by making one of three arguments:
  1. Showing the owner of the premesis didn’t have adequate notice of the problem, which means he or she can’t be expected to address it.
  2. In some cases, the insurance company may argue that someone may have been negligent, but it wasn’t their client. For example, a recent case involved an out-of-possession landlord who was not contractually obligated to repair the premesis in a snow and ice case. That case is still being battled out in the courts, but it’s a nice example of one in which defendants are attempting to shift responsibility to other parties.
  3. Yes, the problem was there, but the plaintiff (you) were somewhat negligent of your own safety in some way. For example, if you saw a spill on the floor but continued to walk back and forth over the spill to bring items to your car without pointing the spill out to any employee then your own negligence can be said to have played a role in the slip and fall.
If the insurance company successfully argues the first then the case is worth nothing, because no case exists. Remember, personal injury cases aren’t there to mitigate the risks of bad luck. They’re there to hold people accountable for negligence. If there was no negligence, then there is nobody to hold accountable and all that’s left is for you to absorb the consequences of your bad luck as best as you can.
 
“Comparative negligence” is the term used when both the plaintiff and the defendant bear some responsibility for the accident. The jury will make a decision about the percentage of fault each person holds in the case. For example, they may find the defendant to be 65% negligent while finding you to be 35% negligent. The amount you can recover would be reduced by your percentage of the negligence.
 

Damages

 
The second thing we have to figure out is the amount of damages. It’s hard to know this figure until the full course of treatment has been completed.
 
If you had a broken bone, then we’d know what the hospital is charging you in about six weeks, when the cast comes off. A broken bone may or may not stop you from working until it’s well; if it does, we’d look at lost wages.
 
If you have some sort of permanent or prolonged injury we’d have to wait until you reached maximum medical improvement to reach that figure. But at that time we may also be looking at lost income and wages.
 
Documentation is the key to fair compensation. Make sure you save every medical bill, follow your doctor’s orders, and document every visit. You should also get a job description and pay stubs.
 
The issue of pain and suffering can be a lot more complex. It could be a factor in your slip and fall case, and if it is, you may be elgibile to receive more money. Punitive damages are complex as well.
 
Some slip and fall cases result in wrongful death. When that’s the case we would pursue damages on behalf of a spouse or immediate family member.
 

Expert Help

 
This is a highly overlooked factor. But the sad truth is some people walk away with an insurance company’s low ball offer. It only covers a fraction of their bills and expenses. And it happens because they did not consult with a personal injury lawyer.
 
A truly good lawyer who investigates the case, who is willing to bring in experts and who is both a good negotiator and a good litigator can make all the difference. While some clients grow nervous about contingency fees it’s important to remember that you’ll typically walk away with far more money than you would have alone, even when all fees are accounted for.
 
Call today to discuss your slip and fall case. We’ll work hard to make sure you recover as much as you can.
 
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Law Office of David S. Leigh
11 Broadway suite 615, New York, NY, 10004
New York NY 10004
(212) 843-0907

Meet Our Attorney

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David S. Leigh

David S. Leigh is a New York City Personal Injury Lawyer committed to helping those in the New York Metro area recover and find fair compensation after an accident or injury. 

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David has helped my small business (photography) with several proposals and bid letters. He also took the time to explain the language of each letter. I would definitely use David again for all the legal needs of my business! William F Spencer
William Spencer
William Spencer
21:58 30 Aug 16
I worked with David while at the District Attorney's office. David is very knowledgeable in the law. David has outstanding attention to detail and the critical ability to see the big picture, then find and question the inconsistencies in the reports. This is a fundamental skill that makes a good criminal defense lawyer great. I highly recommend David.
Greg Green
Greg Green
20:27 07 Oct 15
David is a tireless advocate for his clients and a consummate professional with whom I've worked on a variety of legal matters. His character and integrity surely set him apart from many of his contemporaries. As colleague, I wholeheartedly recommend David to anyone seeking counsel in the NYC area.
Hari K. Singh
Hari K. Singh
13:32 05 Oct 15
David is a first-rate trial lawyer. Having had the opportunity to both watch him in trial and personally try a case with him, I can say that I would be glad to have him working with me on a case. His delivery is excellent, as is his ability to connect with a jury.
Bryce Allen
Bryce Allen
21:13 15 Nov 15
Knowledgable and great to work withI can't say enough good things about David. My husband needed his help with language for documents he'd need for his business. David was knowledgeable and told us exactly what we needed to hear. I can't think of anyone else I'd want to work with. The next time we need legal counsel, we're calling David.
Yahaira Castro
Yahaira Castro
14:41 28 Sep 15
I was looking for a personal injury lawyer and a friend of mine referred me to David. David is really smart and also great to work with. He really listens to you, works hard and he knows how to get results.
Lili Grossman
Lili Grossman
17:36 29 Oct 18
When my mother suffered back and shoulder injuries due to a car accident, Mr. Leigh went above and beyond to make sure she was rightfully compensated for her traumatic ordeal. He was tough with the insurance company yet very patient with my older mom, as he navigated her through these complex negotiations. He exemplifies what a personal injury attorney should be and we highly recommend him.
Max Patino
Max Patino
19:02 29 Oct 18
David is a top-notch lawyer who is very diligent in all that he does. He is not only a sharp legal mind, but actually has interpersonal skills that make him a caring advocate for his clients. I have had the privilege of working with David in private law practice and can easily say that few attorneys match him in personability, advocacy, verbal ability, and in-court and deposition strategy.
Samae Rohani
Samae Rohani
01:40 30 Oct 18
I was helping my cousin find an attorney and came across David's firm. We contacted him immediately and scheduled a consultation. He was very thorough and provided us with all the details we needed.
Cassandra
Cassandra
03:27 20 Dec 18
Thoughtful, knowledegable and a great attorney. I needed some legal advice and representation. He was everything you could ask for in a lawyer. David is top notch and I would highly recommend him.
Marisa Osorio
Marisa Osorio
21:24 26 Dec 18
David Leigh is a top notch attorney that I have worked with closely. He has integrity, excellent legal ability, and is able to obtain optimal results for his clients. I recommend him wholeheartedly to anyone looking for the highest level of representation.
Stephanie Plana
Stephanie Plana
22:02 18 Jan 19

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