Slip and fall accidents often leave victims not only with painful injuries but also with pressing financial worries. Hospital bills, physical therapy, and missed work can quickly add up. Many people wonder: How are slip and fall settlements calculated in New York?
The answer depends on a combination of factors unique to each case. At the Law Offices of Steven Gacovino, P.C., we have helped clients across Suffolk County and New York State understand these factors and fight for fair compensation. Here’s a breakdown of how settlements are typically determined.
1. The Severity of the Injury
One of the biggest drivers of settlement value is the seriousness of the injury. Minor sprains or bruises may not lead to large settlements, but broken bones, spinal cord injuries, or traumatic brain injuries often result in higher awards.
Courts and insurance companies consider how much the injury affects daily life. If an injury limits a victim’s ability to walk, work, or enjoy hobbies, the damages increase significantly. Permanent disability or the need for ongoing care can push settlements into the six- or seven-figure range.
Our attorneys consult with medical experts to document the full scope of injuries. This includes prognosis, long-term care needs, and how the injury will affect the client’s ability to live and work.
2. Medical Expenses (Past and Future)
Settlements must account for both the bills a victim has already received and the ones they are expected to face in the future. This includes:
- Emergency room visits
- Surgeries
- Physical therapy
- Prescription medication
- Rehabilitation or long-term care
A settlement is intended to cover not just today’s costs but also the financial burden that extends years or even decades into the future. Our firm works closely with doctors and life-care planners to ensure future medical expenses are fully accounted for.
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3. Lost Wages and Reduced Earning Capacity
If an injury prevents a person from working, the settlement should compensate them for lost income. This includes not only time missed immediately after the accident but also any reduction in future earning potential.
For example, if a victim was employed in a physically demanding job and their injuries prevent them from returning to that line of work, their earning capacity is permanently affected. In these cases, economists and vocational experts are often brought in to calculate the value of lost income over the victim’s expected career.
The Law Offices of Steven Gacovino, P.C. has experience presenting these calculations in a clear and persuasive way, ensuring that insurance companies or juries fully appreciate the long-term financial impact on the victim’s life.
4. Pain and Suffering
Not all damages can be measured in dollars and cents. Pain and suffering accounts for the physical pain, emotional distress, and loss of enjoyment of life that victims experience. In New York, juries often award substantial sums for pain and suffering, especially in cases involving permanent disability or lifelong medical complications.
For example, in Angeles v. County of Suffolk (2023), the plaintiff was awarded over $745,000 in damages, with the bulk covering pain and suffering rather than direct medical expenses. This shows how critical it is to present a strong narrative about how an injury impacts daily living.
Our attorneys are skilled in working with clients to build that story, ensuring judges and juries understand the real toll an accident has taken.
5. Comparative Fault
New York follows the rule of comparative negligence. That means if the injured person is found partly responsible for the accident, their settlement may be reduced by their percentage of fault.
For instance, if a jury finds that a plaintiff was 20% responsible because they ignored warning signs, their compensation would be reduced by 20%. Even so, plaintiffs can still recover damages as long as they are not found entirely at fault.
The Law Offices of Steven Gacovino, P.C. knows how to counter defense claims of comparative negligence by gathering strong evidence and presenting testimony that minimizes the plaintiff’s share of responsibility.
6. Insurance Coverage and Defendant’s Resources
Sometimes the available compensation depends on the defendant’s insurance coverage or financial resources. For example, a slip and fall at a large retail store with robust insurance coverage may lead to a higher settlement than an incident at a small business with limited coverage.
An experienced attorney can identify all potential sources of recovery, from property insurance to umbrella policies, and ensure that no avenues for compensation are overlooked.
Why Choose Gacovino for Slip and Fall Cases
At the Law Offices of Steven Gacovino, P.C., we pride ourselves on maximizing client recovery in slip and fall cases. We use a combination of medical records, expert testimony, and financial analysis to build compelling claims. Our team is committed to making sure victims receive not just quick settlements, but fair settlements that truly reflect the impact of their injuries.
If you’ve been hurt in a slip and fall in Suffolk County or anywhere in New York, don’t leave your future in the hands of insurance adjusters. Call us today for a free consultation.
For more perspective on how New York courts handle these claims, visit our companion blog: Landmark Slip and Fall Cases in Recent New York History.
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