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.

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.