In New York State, there is no specific formula for calculating slip and fall compensation. Your case value will depend upon the severity of your injuries and the negligence of both you and the other party involved. If you have been seriously injured in a slip and fall accident and want to know if you are eligible to receive compensation, please contact our office today to schedule a free consultation.
Calculating Slip and Fall Compensation | Factors
The typical slip and fall injury case is rooted in negligence: should the property owner or manager be held responsible for allowing a dangerous condition to appear, or did the injured party’s recklessness lead to the injury in question? This question most often does not have a simple “yes” or “no” answer, as both parties can share some blame for the injury. If the property owner or manager had taken better care of the property, the condition that caused the injured person to slip and fall would never have existed. If the injured person had taken extra precautions, if he or she had worn sturdier footwear or looked before walking, the injury could have been avoided. At the same time, though, a property owner cannot be everywhere at once, and when financial limitations, a lack of time, and insufficient communication by employees or subcontractors are involved, the property owner may truly have only a small share of the responsibility. Likewise, if the injured party was walking in an area that clearly featured “warning” or “no trespassing” signs, was running or otherwise acting irresponsibly, or was looking at her or his mobile device while walking, a slip and fall attorney may find it challenging to argue that the fault is entirely or even primarily that of the property owner.
Calculating Slip and Fall Compensation | Comparative Negligence
Because the percentage of negligence, known as “comparative negligence,” is such a major factor in slip and fall cases, personal injury and premises liability attorneys in New York have to argue that each client’s role in her or his injuries was the least amount possible. The New York Consolidated Laws state that while no plaintiff in a slip and fall injury case should necessarily be ineligible to recover damages for an injury, the amount of compensation will depend on how responsible the court feels that the injured party is for the injuries. If it is decided that the injured person was 30 percent responsible for the injury, the amount that he or she can receive in compensation will reduce by 30 percent.
Who was at fault in a slip and fall case is not a simple question, and it deserves more than a black-and-white answer. If you have been injured in a slip and fall, you should prepare yourself for a legal battle in which you may be painted as reckless or responsible for your own injuries. With the guidance of a dedicated Jamestown slip and fall lawyer, however, you will be better able to effectively argue your case. Our personal injury law office has advocated for many clients who were injured due to another person or company’s negligence, and we would be glad to help you in your case. Contact Jamestown slip and fall lawyer Scott F. Humble today if you have any questions or concerns about moving forward with your slip and fall injury case.