When someone is hurt in a slip and fall accident in Buffalo, NY, it can be a very stressful experience. Not only do victims have to deal with their injuries, but they also have to think about what steps to take next. Many people want to know how much their slip and fall claim might be worth. While it is impossible to give an exact number right away, there are several factors that can influence the value of a slip and fall claim. By understanding these factors, victims can have a better idea of what to expect as they move forward with their legal case. At, Friedman & Ranzenhofer, PC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
Severity of the Injuries
The severity of the injuries suffered in a slip and fall accident is one of the most important factors in determining the value of a claim. When injuries are serious, the medical expenses can be very high. Victims may need surgeries, physical therapy, and follow-up doctor visits. More severe injuries can also lead to a longer recovery period, during which the victim may be unable to work. If the injuries result in permanent damage or long-term disabilities, the value of the claim increases even more. For example, if a person slips and falls, breaking a leg, they may have to take time off work and pay high medical bills. On the other hand, if someone only suffers a minor bruise, their claim might be worth less.
Medical Expenses Incurred
Medical expenses are another important factor that affects the value of a slip and fall claim. These expenses include the costs of emergency room visits, doctor appointments, surgeries, medications, physical therapy, and any other medical treatment needed because of the accident. The total amount of these expenses is added to the claim. If a person has high medical bills, their claim is likely to be worth more. It is important for victims to keep all receipts and documents related to their medical treatment. This information will be needed when filing the claim to prove how much the accident has cost them financially. The more evidence a person can provide, the stronger their claim will be.
Lost Wages and Income
Another significant factor that affects the value of a slip and fall claim is lost wages. When someone is injured, they may not be able to work for a period of time. This can result in lost income, especially if the victim has to take a lot of time off work to recover. In some cases, the injuries may be so severe that the victim cannot return to work at all. This can lead to long-term or even permanent loss of income. When calculating the value of a slip and fall claim, the lost wages are considered. This includes any time the victim had to take off from work as well as future earnings they may miss out on because of their injuries. The more time missed from work, the higher the value of the claim.
Pain and Suffering
Pain and suffering is a legal term used to describe the physical and emotional distress caused by an injury. It is not as easy to calculate as medical bills or lost wages, but it is still an important factor in a slip and fall claim. Pain and suffering can include physical pain from the injuries, as well as emotional pain such as anxiety, stress, or depression. If a person’s life has been significantly affected by the accident, they may receive more compensation for pain and suffering. For example, if someone has a hard time walking after a slip and fall accident, they may not be able to do activities they once enjoyed. This loss of enjoyment can be included in the claim to increase its value.
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The Location of the Accident
The location where the slip and fall accident happened can also affect the value of the claim. If the accident took place in a public place, like a grocery store or shopping mall, it might be easier to prove that the property owner was responsible. Public places are expected to be kept safe for customers, and if they are not, the owner can be held liable. On the other hand, if the accident happened on private property, it may be harder to prove fault. The owner of the property may argue that the victim was not careful or that the hazard was obvious. The easier it is to prove the property owner’s fault, the higher the value of the claim will likely be.
Negligence and Liability
To receive compensation for a slip and fall claim, the victim must be able to prove that someone else was at fault for the accident. This usually means showing that the property owner was negligent. Negligence means that the owner did not take proper care to keep the property safe. For example, if there was a spill on the floor of a store and the owner did not clean it up quickly, they may be considered negligent. If the victim can prove that the property owner was negligent, the value of their claim will be higher. However, if it is difficult to prove negligence, the value of the claim may be lower.
Contributory Negligence
In some cases, the victim of a slip and fall accident may be partly at fault for their own injuries. For example, if a person was distracted by their phone and did not notice a wet floor sign, they might be considered partially responsible for the accident. In New York, the law follows a rule called contributory negligence. This means that if the victim is found to be partly at fault for the accident, their compensation may be reduced. The amount of compensation is reduced based on the percentage of fault assigned to the victim. If the victim is found to be 20% at fault, they will only receive 80% of the total claim value. The more responsibility the victim has for the accident, the lower the value of their claim.
The Insurance Policy Limits
Another factor that can affect the value of a slip and fall claim is the insurance policy limits of the property owner. Many property owners have liability insurance to cover accidents that happen on their property. However, these insurance policies have limits on how much they will pay out. If the value of the claim is higher than the policy limit, the victim may have a harder time getting the full amount they deserve. In some cases, the victim may need to sue the property owner directly to receive additional compensation. The insurance policy limit is an important factor to consider when calculating the value of a slip and fall claim.
Evidence and Documentation
The amount and quality of evidence and documentation available can also affect the value of a slip and fall claim. The stronger the evidence, the higher the chance of receiving a fair settlement. Important evidence can include photos of the accident scene, witness statements, medical records, and any reports filed after the accident. If a person can show clear proof of the property owner’s negligence and the extent of their injuries, their claim is likely to be valued higher. On the other hand, if there is little evidence to support the claim, it may be harder to receive a high settlement offer. This is why it is important to gather as much evidence as possible right after the accident happens.
Time Taken to File the Claim
The timing of when the slip and fall claim is filed can also impact its value. In New York, there is a time limit for filing a personal injury claim. This time limit is known as the statute of limitations. For slip and fall accidents, the victim usually has three years from the date of the accident to file a claim. If a claim is filed after this period, it may be dismissed, and the victim will not be able to recover any compensation. Filing a claim sooner rather than later can also help preserve evidence, which is crucial in building a strong case. The sooner the claim is filed, the better the chances are of receiving a fair settlement.
Future Medical Needs
In some cases, the injuries from a slip and fall accident may require ongoing medical treatment. This can include physical therapy, additional surgeries, or long-term medications. The potential costs of future medical needs are considered when determining the value of a slip and fall claim. If the injuries are expected to have lasting effects, the compensation amount may be higher. This is because the victim may need to continue spending money on medical care long after the accident. Future medical costs can significantly increase the value of the claim, especially if the victim is expected to need treatment for many years to come.
Impact on Daily Life
The way a slip and fall accident affects a person’s daily life is another factor that can influence the value of the claim. If the injuries are severe enough to prevent the victim from doing their usual activities, the compensation may be higher. For example, if a person who used to enjoy jogging is unable to run anymore because of their injuries, they may be entitled to more compensation. The impact on the victim’s quality of life is considered when calculating the value of the claim. The greater the effect on daily activities, the higher the value of the claim.
Navigating a slip and fall claim in Buffalo, NY, can be challenging, especially when dealing with injuries and the complexities of legal processes. Understanding the factors that affect the value of a claim can help you know what to expect. If you have been hurt in a slip and fall accident and are unsure of what to do next, contacting a skilled attorney can make a big difference. The legal team at Friedman & Ranzenhofer, PC, is ready to help you pursue the compensation you deserve. Reach out today to discuss your case and learn how we can assist you in getting the financial recovery you need to move forward.