Calculating an average payout for slip and fall accidents is difficult because these case outcomes vary based on the characteristics and details of each individual accident. Settlements are typically between $10,000 and $50,000, but those totals can be misleading because values often fall on both sides of that range.

Speaking with an experienced attorney is the best way to get an estimate of what your payout may be for your slip and fall injuries. The Mark E. Seitelman Law Offices has been advocating for injured New Yorkers for over 30 years. Our firm is a trusted source of legal guidance and support for people who have been hurt in slip and fall accidents.

What Is the Typical Settlement for Slip and Fall Cases?​

Each New York slip and fall claim is unique, and because of this, settlement amounts range significantly. While national averages are typically within the $10,000 to $50,000 range, compensation is based on the specific details of the individual case and the accident victim. Settlements can total thousands of dollars or hundreds of thousands of dollars. An experienced NYC slip and fall attorney can help you determine the value of your claim, so you know what to expect as you go through this process.

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Brenda Harvin

★★★★★

I have been a client of The Seitelman Law Offices for over 30 years now. From my very first experience, this office has been a Godsend to me. I will never forget my first case with them. It was a rainy day, and I went into a grocery store to buy a drink. I slipped and fell flat on my back because of the wet floor. When I got home from the Emergency Room, I began to call law firms. The first firm I called, the girl on the phone laughed aloud and informed me they did not handle such small cases. I began to get discouraged, and then I dialed the Seitelmam Team. The secretary was polite and put me on with a paralegal who listened carefully and then put me back on with the secretary who made an appointment for me to come into the office. Once I got there, I spoke directly with the paralegal, who went to explain the situation to the attorneys. I was fortunate enough to get Mr. Seitelman himself to handle my first case. He also listened carefully and then told me they would take my case. He explained that the procedure meant the case would take about a year. At the end of that time, he called me with a settlement offer. When I asked him what he thought, he suggested it was up to me, but he felt I shouldn't take the first offer. Long story short, at the end of that year, I received an offer of thirty thousand dollars, which I accepted. I have been with them ever since. It has been over 30 years, but whenever I needed an accident law firm, I would contact the Seitelman Team. While living in upstate New York, I slipped and fell backward flat on my back getting out of the shower and was trapped for 5 days because the landlord hadn't installed a grab bar. That time, the Seitelman Team got me an award of over one hundred thousand dollars. I have recommended them to several friends who were also extremely satisfied. I highly (and happily) recommend the Seitelman law firm.

Elements That Determine Slip and Fall Settlement Amounts​

Typically, the variability of slip and fall settlement amounts is due to the following factors:

  • Injury severity
  • Medical costs and treatments
  • Lost wages
  • Impact on earning capacity
  • Pain and suffering

NYC slip and fall accident claims can include compensation for economic and non-economic damages, which means the direct and indirect costs associated with an accident will play a large role in determining how much money the injured victim receives. Medical costs are often the largest portion of a payout, so injuries that require more medical treatments and prolonged care will likely result in higher payouts.

In addition to the direct expenses like medical costs and lost wages, slip and fall claims may also involve pain and suffering damages. The exact damages and amounts you receive will depend on the factors above, as well as additional elements that may be unique to your case.

Courts tend to use one of two methods to calculate pain and suffering: the multiplier method or the per diem method. With the multiplier approach, the value of your economic damages, like medical expenses and lost wages, is multiplied by a variable between 1.5 and 5. Higher numbers are used in cases involving more severe injuries. In the per diem approach, pain and suffering are assigned a daily value and then multiplied by the number of days it lasts.

New York uses a comparative negligence system in slip and fall cases, and this legal concept also impacts payouts. Slip and fall accidents in NYC follow pure comparative negligence rules, which state that injured accident victims are entitled to recover compensation from the at-fault party even if they were partially or mostly at fault for the accident. However, final payouts are reduced by the injured party’s percentage of fault.

For example, Sean was injured in a slip and fall accident that he was 20% at fault for. The value of his claim is determined to be $60,000. His portion of fault, 20%, must be subtracted from $60,000, which makes the final compensation amount $48,000.

Strategies to Enhance Your Settlement After a Slip and Fall Incident

Taking the right steps after a slip and fall can make a significant difference in the outcome of your case. Immediately following your accident, the first priority is to seek medical attention. Some injuries are not obvious until hours or days after onset. Don’t wait to get treatment after an accident. Not only is this the safest option for you, but having thorough medical documentation will also be helpful in your slip and fall claim.

Other important steps to take soon after your accident include:

  • Notify the property owner or manager about the accident and the hazard
  • Gather and maintain evidence of the accident, including photos of the scene and eyewitness statements

One of the best strategies you can use to maximize your chances of a higher payout is working with an experienced NYC slip and fall attorney. The Mark E. Seitelman Law Offices fights tirelessly to give our clients in the Bronx and the other boroughs the best chance at recovery. We offer free case evaluations, so you have nothing to lose by speaking with us about your claim. Contact us today to schedule yours.