The Role Of Compensation: Understanding Damages In Slip And Fall Cases
If you have been injured in a slip and fall accident due to another’s fault, you might be wondering as to what kind of damages you are entitled to. Under New York law, you have the right to recover economic as well as non-economic damages from the negligent party – depending on the severity of your injuries.
Non-Economic Damages in a New York Slip and Fall Accident Claim
Non-economic damages, also known as intangible damages or general damages refer to a financial compensation amount awarded to you for the non-quantifiable losses you suffered in the accident. These include:
- Pain and suffering
- Emotional distress
- Permanent disfigurement
- Permanent physical or cognitive disability
- Loss of enjoyment of life
- Diminished quality of life
Economic Damages in a New York Slip and Fall Claim
Economic damages, also known as tangible damages or special damages refer to a financial compensation amount awarded to you for the quantifiable losses you suffered because of the accident. These include:
- Treatment-related medical expenses
- Estimated cost of medical treatment and care you might need in the future
- Cost of physical rehabilitation and therapy
- Cost of buying assistive devices like walker and wheelchair
- Cost of prescription and over-the-counter drugs
- Cost of long-term nursing care (in case of permanent physical or cognitive impairment)
- Current loss of income
- Estimated amount of wages, bonuses, and other financial incentives you stand to lose in the future due to a reduction or the complete loss of your earning capacity (due to a physical or cognitive impairment)
- Cost of vocational or occupational therapy
- Cost of repairing or replacing the items that were damaged in the accident
In addition to the aforementioned economic and non-economic damages, you might also be entitled to receive what are called loss of consortium damages – depending on the severity of your injury.
If you are unable to have an intimate relationship with your spouse, unable to perform your duties as a spouse and as a parent, and unable to provide the same level of love, care, and support to your family members as you did before the accident, your spouse can file a claim against the at-fault party and seek compensatory damages for the loss of consortium.
Factors Impacting the Value of Your New York Slip and Fall Accident Claim
- Whether your injuries are serious in nature
- Whether you are likely to make a full recovery or whether you are likely to be physically or cognitively disabled as a result of your injuries
- Cost of your current and future medical treatment and care
- Whether your injuries affect your ability to perform activities of daily living
- Whether your injuries have affected your earning capacity
- Amount of earnings you have lost and stand to lose in the future due to your injuries
- Whether you were at fault for the accident to some extent
Choose an Experienced New York Slip and Fall Accident Lawyer to Maximize Your Compensation
Establishing fault and liability in a slip and fall accident claim requires strong evidence and a well-prepared legal strategy. It’s why you need to have an experienced New York slip and fall accident attorney on your side.
Attorney Michael S. Lamonsoff has been fighting for slip and fall injury victims in New York for nearly three decades. Highly respected by his peers and clients, Mr. Lamonsoff has a track record of success few other personal injury lawyers can boast of. Thanks to his aggressive, relentless, and result-oriented approach towards legal representation, he is known as ‘The Bull’ in the legal community.
To discuss your claim with one of our highly rated New York slip and fall accident lawyers, call us today at 212-962-1020 or contact us online and schedule a free consultation.