Calculating the exact value of a slip and fall injury is often challenging because there are numerous factors that can impact an accident victim’s compensation. In many cases, the financial award for a slip and fall is somewhere between $10,000 and $50,000. That is a wide range of possibilities, and it doesn’t include every option for slip and fall compensation. It can be especially difficult to calculate pain and suffering because these damages are not directly linked to a quantifiable financial loss.

Finding information online about what your claim may be worth is incredibly difficult, which is why discussing your accident with a New York slip and fall attorney is the best way to find out the value of your claim. The personal injury attorneys at the Mark E. Seitelman Law Offices have extensive experience negotiating settlement agreements and litigating lawsuits for slip and fall claims. Contact us to schedule a free case evaluation.

Understanding Pain and Suffering: Categories and Examples

In New York, people injured in an accident caused by someone else’s negligence may be able to recover economic and non-economic damages. Pain and suffering is one of the most well-known types of non-economic damages.

These damages are difficult to place a monetary value on because they are not directly associated with any financial costs. Unlike damages like medical bills and lost wages, non-economic damages are subjective. Understanding what pain and suffering means in the context of a slip and fall case may help you get a clearer picture of the value and why it is challenging to quantify.

In most cases, pain and suffering damages include factors such as:

  • Physical pain
  • Emotional distress
  • Disfigurement and scarring
  • Loss of enjoyment of life

The purpose of these damages is to compensate slip and fall victims for the physical harm and emotional trauma caused by the accident. Injury severity will play a role in determining the value of pain and suffering since more severe injuries typically involve increased pain and a more significant impact on day-to-day life.

Factors That Influence the Assessment of Pain and Suffering

Impact of Injury

Severe injuries tend to have far-reaching effects, like extensive medical treatments and lifelong disabilities. However, even less severe injuries can cause long-lasting or permanent damage. Any injury that causes disability, disfigurement, or scarring is likely to result in higher pain and suffering compensation. This is also true of injuries that affect daily life or require accommodations or adaptive equipment.

Recovery Duration

The amount of time an injury takes to heal can impact pain and suffering damages in multiple ways. Some methods for calculating pain and suffering use the number of recovery days to determine the value. Additionally, longer recovery periods can impact an accident victim’s enjoyment of life and exacerbate emotional distress.

Age and Health

Older individuals and people with existing medical conditions may be more adversely affected by a slip and fall. These factors are often considered when calculating pain and suffering in New York. Elders are more likely to be involved in a slip and fall accident, and their injuries are also more severe in many cases. While age and health are factors in determining the value of a claim, they do not automatically prevent an injured slip and fall victim from pursuing compensation. In many situations, injured individuals can recover damages even with preexisting conditions.

Liability and Fault

Proving that the negligent party is responsible for the victim’s injuries is a core part of any personal injury case, including slip and fall claims. In cases where the at-fault party was clearly negligent, the victim has a better chance of receiving a higher financial award.

Contact an Experienced NYC Slip and Fall Attorney

The unique factors of your case will determine how much your pain and suffering damages are worth after a slip and fall. A skilled attorney can help you determine the value of your claim and maximize your financial compensation. For over 30 years, the legal team at the Mark E. Seitelman Law Offices has been helping New Yorkers obtain the justice and compensation they deserve. Contact us today to schedule a free case evaluation.