One of the most frequent questions that slip-and-fall accident victims ask is how much compensation they will likely receive. Although there are various factors that go into this calculation, and no two cases are alike, it helps to consider real-life examples of recent verdicts.
These cases are helpful for understanding what juries are likely to award. But remember, each case has to be considered on its own merits, and many lawsuits will settle while some go to trial. The Nassau County and Queens personal injury law firm of Bornstein & Emanuel, P.C. takes a look at a few recent verdicts.
New York Slip-and-Fall Verdicts
These are some recent jury awards to victims in slip-and-fall lawsuits:
- $4.25 million: The victim slipped on an icy ramp in her residential building, sustaining a broken ankle that required surgery. The attorneys proved that the maintenance crew at the building did not properly shovel the snow that had fallen a few days before. The jury agreed that the building’s owner was completely at fault.
- $3.125 million: The victim in this case slipped on debris at a hotel and fell down a flight of stairs. The accident aggravated a pre-existed injury to her herniated discs and resulted in a total disability. She experienced complications from spinal fusion surgery and, at the time of the verdict, needed at least one additional fusion.
- $750,000: The victim slipped on ice at a rental property, which the defendant landlord tried to blame on an active storm (since New York law does not require removal of ice or snow during a storm in progress). The attorney was able to prove that the ice that caused the injury was formed before the storm. The verdict covers the victim’s pain and suffering damages.
- $600,000: In this case, the victim tripped and fell over a raised utility cover, requiring surgery to her knee and spine. The defendants argued they owed no duty of care to the victim and that the victim should have been paying better attention. The lawyers representing the victim successfully countered this and defeated a motion to dismiss the lawsuit.
Take-Aways From Slip-and-Fall Verdicts
These and other cases reveal a few important facts that slip-and-fall victims in Nassau County and Queens should keep in mind:
- Defendants will try to blame victims: New York allows courts to consider whether the victim’s negligence in some way caused the accident. Known as comparative fault, this can reduce the amount of money the victim recovers. Wherever possible, the defendants will try to invoke comparative fault to escape or minimize liability.
- Pre-existing injuries are no bar to recovery: Defendants will sometimes point to a victim’s pre-existing injuries and try to claim their actions had nothing to do with it. But if a defendant’s negligence makes those injuries worse, the victim can recover.
- Every element of a negligence claim matters: Victims must generally prove four elements to succeed: duty of care, breach, causation, and damages. While a great deal of attention is focused on the latter three, the duty of care does still matter. You need a Nassau County and Queens attorney who can successfully argue it.
- The defendant may try to dismiss the case: Your lawyer should also understand pre-trial motions and how they work. If possible, the defendant will try to convince the judge to dismiss the case and deprive the victim of any recovery. Be ready to fight back.
Common Injuries in Slip-and-Fall Cases
The above verdicts also demonstrate some of the common injuries that victims suffer in these accidents, which include:
- Bone fractures
- Spinal cord injuries
- Herniated discs
- Dislocated shoulders
- Torn ligaments
- Traumatic brain injury
- Concussion
- Bruising
- Bleeding
Not all injuries are purely physical, however. Some victims experience post-traumatic stress disorder, depression, anxiety, and other mental, emotional, and psychological injuries as well. Talk to your doctor about your medical condition so you can receive the treatment you need.
The Evidence That Will Help You
To win your Nassau County and Queens slip-and-fall case, or to settle it in your favor, you will need compelling evidence. The victim has the burden of proof in these lawsuits. Depending on the facts, the evidence could include:
- Photos and videos of the accident scene and of your injuries
- Eyewitness testimony about the accident and the conditions leading up to it
- Evidence about maintenance work or repairs done at the property
- Incident reports concerning past accidents at the property
- Expert witness testimony, for instance concerning whether the ice that caused your injuries was old or new
- Medical bills and other records
- Evidence of lost income or decreased income-earning ability
You should also be prepared to refute the evidence that the defendant presents. For example, in the case with the $750,000 verdict, the defendant hired a meteorologist to argue that freezing rain was actively falling and that this caused the icy conditions leading to the accident. The victim’s attorney was able to disprove this.
We’re Ready to Get Started on Your Slip-and-Fall Case
Have you or a loved one suffered a slip and fall accident in Nassau County or Queens? Learn more about your legal options and how our attorneys can fight for you. Connect today with Bornstein & Emanuel, P.C. to begin working on your case.
