People are injured in slip and fall accidents in New York City on a daily basis. Whether caused by debris, wet surfaces, or any other poorly maintained space, slip and fall accidents often lead to injuries that require medical treatment. Minor injuries like bruises and sprains are common, and it is a widespread misconception that legal action isn’t an option unless an accident causes severe injuries.

Even if your slip and fall accident caused injuries that do not require surgery or other extensive treatment, you may still be able to pursue legal action and hold the at-fault party accountable. The attorneys at Mark E. Seitelman Law Offices can help you explore your options for financial compensation, including how much your NYC slip and fall claim may be worth. Speaking with one of our personal injury lawyers is the best way to get personalized guidance, but the following information can provide you with general points to be aware of as you navigate a slip and fall accident.

Common Injuries in Slip and Fall Accidents

Depending on the specific circumstances of a slip and fall accident, injuries may include fractures, head injuries, and internal organ damage. Injuries that are considered minor are most often associated with such accidents, however, and can include numerous types of injury that do not require surgery as part of the treatment plan. They include:

Soft-Tissue Injuries

Soft-tissue injuries like strains and sprains are incredibly common after slip and fall accidents. Stretching or tearing ligaments, muscles, and tendons is painful and has a significant impact on everyday life. Surgery may not be required, but people who experience soft-tissue injuries generally have a recovery period that includes impaired movement, follow-up appointments, and physical therapy.

Head Injuries

Serious injuries like traumatic brain injuries are not the only head injuries caused by a slip and fall. Concussions do not typically require surgery, but if you suffer a concussion, you may experience issues with your memory, cognitive function, balance, and numerous other brain and bodily functions. Even minor head injuries can cause substantial damage and long-lasting harm.

Bruising

Contusions often occur on the hips, legs, and arms of people who are injured in slip and falls. Depending on the severity of the bruise, people with contusions may experience not only discoloration of the skin and tenderness but also intense pain and impaired mobility.

Bone Fractures

Not all broken bones require surgical treatment. Minor breaks can typically be treated with casts and splints, but that does not mean these fractures do not cause significant pain and impede daily life. Slip and fall accidents most often cause broken bones in wrists, ankles, and hips.

Impact of Non-Surgical Injuries on Slip and Fall Cases

Injuries that do not require surgery can still seriously impact an accident victim’s health, finances, and daily life. Long-term discomfort, limited mobility, and a disruption of work and social activities are common after slip and falls, even when injuries are only considered minor.

When a property owner or other negligent party causes a slip and fall, accident victims are entitled to compensation for their damages. This is true no matter the type of injury, and surgery is not the only quantifier of injury severity. Non-surgical injuries may still require extensive treatments, doctor’s appointments, medications, and physical therapy.

Establishing Negligence in Slip and Fall Cases

While you have a right to pursue compensation for non-surgical slip and fall injuries, establishing negligence in a New York City claim is your responsibility. It is crucial that you are able to show the property owner, renter, city agency, or other responsible party neglected their duty to maintain the property. Without this element, you cannot recover financial damages from the at-fault person or entity.

Legal Grounds for Slip and Fall Claims in New York

Slip and fall cases in New York are covered under personal injury laws. If a hazard or unsafe condition on someone else’s property caused your slip and fall accident, you may be able to file a lawsuit to recover compensation for your injuries and losses.

  • If the following elements exist in your case, you might be entitled to pursue a slip and fall claim:
  • There were unsafe conditions on the property
  • The at-fault party knew about the hazard
  • The at-fault party failed to warn visitors of the hazard

Unsafe conditions can include loose carpet, slippery floors, debris on walkways, and poorly maintained stairs and handrails.

Settlement Figures for Non-Surgical Slip and Fall Accidents

Settlement amounts for slip and fall accidents are based on numerous factors, including necessary treatment for the injuries. When surgery isn’t required to treat the slip and fall injuries, settlement amounts may be lower to reflect that. However, this is not guaranteed.

Factors Influencing the Value of a Slip and Fall Claim

There are many other elements to consider when determining the value of a slip and fall claim in New York City, including:

  • Missed work and lost wages
  • Reduced earning capacity
  • Medical bills for non-surgical treatments
  • Physical therapy
  • Medication costs
  • Pain and suffering

The severity of the injury is considered when calculating a settlement award, but other factors must also be included. The long-term impact on your life and your percentage of fault for the accident will also impact settlements.

Methods for Calculating Economic Damages in Slip and Fall Cases

Economic damages are related to the actual financial losses suffered by a slip and fall victim. These are directly associated with expenses like medical bills, lost wages, and various out-of-pocket expenses that were necessary because of the accident.

Methods for Calculating Non-Economic Damages in Slip and Fall Cases

Non-economic damages are more complex and challenging to quantify because they are based on intangible losses, including:

  • Emotional distress
  • Physical pain
  • Decreased quality of life
  • Permanent disability
  • Loss of companionship

The two most common methods for calculating non-economic damages are the per diem method and the multiplier method. The per diem formula uses daily earnings from an accident victim’s job to calculate the pain and suffering. For example, if a slip and fall victim was unable to work for 20 days due to their injuries, and their income equals a daily rate of $250, their award for pain and suffering would be $5,000.

The multiplier method is based on the severity of the injuries and how long they are expected to last. In this method, a multiplier is chosen, typically between 1.5 and 5, which represents the severity of the injury. Higher numbers are assigned when injuries are more severe or long-lasting. The multiplier is then multiplied by the total economic damages to get the value of the non-economic damages.

Protecting Your Rights After a Non-Surgical Slip and Fall Accident

The slip and fall attorneys at the Mark E. Seitelman Law Offices can help you navigate your claim for damages regardless of the severity of your injuries. We help clients fight for fair compensation for their surgical and non-surgical slip and fall accidents, whether that means negotiating a settlement or taking the case to trial.

Strategies to Maximize Non-Surgical Slip and Fall Settlements

Obtaining compensation that is sufficient to cover your damages is crucial to your overall recovery. Working with an experienced NYC personal injury attorney is the best way to maximize your chances of receiving fair compensation, but the following strategies and steps may also help:

  • Collect and preserve evidence
  • Seek medical attention as soon as possible after the accident
  • Attend all medical appointments and follow medical advice
  • Don’t accept a settlement offer without speaking to an attorney first
  • Include future losses when calculating the value of your claim

Taxability of Non-Surgical Slip and Fall Settlements

Economic and non-economic slip and fall damages are typically exempt from federal taxes. If you are awarded punitive damages, you may owe federal and New York state taxes on that amount. There are exceptions, so it’s important that you discuss tax implications with your attorney.

Trusted Guidance from an Experienced Slip and Fall Attorney

Contact the Mark E. Seitelman Law Offices today to schedule a free, no-risk consultation with one of our NYC slip and fall attorneys.