Slip and fall accidents are common incidents that can lead to serious injuries, and in New York, individuals who suffer injuries due to such accidents may have the right to seek compensation. When property owners fail to maintain a safe environment, they can be held responsible for the harm caused by their negligence. For those injured in slip and fall accidents, the process of filing a lawsuit can seem overwhelming. However, understanding the types of damages that may be recovered can help injured individuals know what they can expect. In New York, damages from a slip and fall lawsuit can vary based on the severity of the injuries, the circumstances surrounding the accident, and the impact the accident has on the victim’s life. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Medical Expenses
One of the primary categories of damages that can be recovered in a slip and fall lawsuit is medical expenses. When someone slips and falls, injuries such as broken bones, sprains, back injuries, and head trauma are common. These injuries often require immediate medical attention, which may include visits to the emergency room, hospitalization, surgeries, and ongoing care such as physical therapy. The cost of medical care can quickly add up, especially if long-term treatment is necessary.
In a slip and fall lawsuit, the injured party can seek to recover the full amount of their medical expenses. This includes not only the initial costs but also any future medical expenses that may arise as a result of the injury. For example, if a victim suffers a severe back injury that requires long-term therapy or future surgeries, the compensation can account for these ongoing needs. Additionally, the costs of medication, assistive devices like crutches or wheelchairs, and rehabilitation services may be included in the total compensation.
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Lost Wages
Another significant type of damage that can be recovered is lost wages. Slip and fall injuries can be so severe that they prevent the victim from returning to work immediately. In some cases, the injured person may be unable to work for an extended period, or they may never be able to return to the same job. The loss of income during this time can place a significant financial burden on the victim and their family.
In a lawsuit, the injured party can recover lost wages for the time they were unable to work due to the accident. If the injuries are so severe that the person cannot return to work in the same capacity, they may also be able to recover damages for diminished earning capacity. This means that if the victim must take a lower-paying job or is permanently disabled and unable to work at all, they can be compensated for the future loss of income.
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Pain and Suffering
In addition to medical expenses and lost wages, victims of slip and fall accidents may be entitled to recover damages for pain and suffering. Pain and suffering refer to the physical and emotional distress caused by the injuries. Physical pain from broken bones, back injuries, or head trauma can last for months or even years after the accident, significantly impacting the victim’s quality of life.
Emotional suffering is another aspect of this category. Many people who suffer severe injuries in slip and fall accidents experience anxiety, depression, or post-traumatic stress disorder as a result of their ordeal. The emotional toll can be just as debilitating as the physical injuries, and victims may be compensated for this as well. The amount awarded for pain and suffering depends on the severity of the injury and the extent of the emotional and physical impact on the victim’s life.
Loss of Enjoyment of Life
In some cases, a slip and fall accident can result in long-term consequences that affect the victim’s ability to enjoy life as they did before the injury. This type of damage is known as “loss of enjoyment of life.” For example, if a person enjoyed physical activities like sports, hiking, or playing with their children before the accident but can no longer participate in these activities due to their injuries, they may be compensated for this loss.
Loss of enjoyment of life damages are subjective and can vary widely depending on the individual’s lifestyle and the nature of the injuries. The courts will often consider how the injury has affected the victim’s ability to engage in activities that brought them joy and fulfillment prior to the accident.
Permanent Disability or Disfigurement
In some tragic cases, a slip and fall accident can result in permanent disability or disfigurement. This can occur if the victim suffers a severe spinal injury, head trauma, or other catastrophic injuries that leave them unable to live a normal life. Permanent disability can mean the person may need lifelong care, may not be able to return to work, or may be unable to care for themselves without assistance.
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Disfigurement, such as severe scarring or the loss of a limb, can also have a profound impact on the victim’s life. In cases of permanent disability or disfigurement, the injured party may be entitled to significant compensation to cover not only the medical expenses and lost wages but also the long-term impact of their injuries on their life.
Household Services
For individuals who suffer serious injuries in a slip and fall accident, day-to-day activities such as cleaning, cooking, or even basic self-care may become impossible. If the victim is unable to perform these tasks due to their injuries, they may be entitled to recover damages for the cost of household services. This could include the cost of hiring someone to assist with cleaning, cooking, or taking care of other household responsibilities.
In some cases, family members may step in to provide care for the injured person. If a family member needs to take time off work or make other sacrifices to care for the injured person, the value of these services can also be considered when determining the amount of compensation.
Verdicts & Settlements
Punitive Damages
Although rare, punitive damages may be awarded in some slip and fall cases. These damages are not intended to compensate the victim for their injuries but rather to punish the defendant for particularly egregious behavior. In New York, punitive damages may be awarded if it can be shown that the property owner acted with extreme negligence or intentional misconduct that led to the accident.
For example, if a property owner was aware of a dangerous condition, such as a broken staircase or wet floor, and did nothing to correct the issue or warn others of the danger, they could be held liable for punitive damages. These damages are meant to send a message that such behavior is unacceptable and to deter others from acting in a similar manner.
The Importance of Filing Your Claim in a Timely Manner
It’s important to note that in New York, there is a statute of limitations for filing a slip and fall lawsuit. The statute of limitations is the legal time limit within which an injured person must file their lawsuit. In New York, this time limit is generally three years from the date of the accident. If the lawsuit is not filed within this time frame, the injured party may lose their right to seek compensation altogether.
Filing a claim promptly also ensures that evidence is preserved, and witnesses’ memories remain fresh. As time passes, it can become more difficult to prove that the property owner’s negligence caused the slip and fall. Acting quickly can improve the chances of a successful outcome in your case.
If you or a loved one has been injured in a slip and fall accident in New York, it is important to seek legal representation to protect your rights and ensure you receive the compensation you deserve. Navigating the legal process can be complicated, but with the right support, you can recover the damages necessary to move forward. Andrews, Bernstein & Maranto, PLLC has the experience and dedication to help you through every step of the process. Contact us today to discuss your case and find out how we can assist you in obtaining the justice and compensation you need.