NEW YORK — Slip-and-falls are among the most common accidents that result in physical injuries. In fact, they are the second-leading cause of traumatic brain injuries, which can be very severe and bring lifelong hardships to victims. Understandably, many people wish to know what their slip-and-fall case might be worth. Unfortunately, there’s no clear-cut answer to this as each case’s value depends on the facts of that particular case, according to Queens slip-and-fall attorneys. There are, however, common factors that are used to calculate damages in a slip-and-fall case.
How Do Insurers Calculate Slip-and-Fall Settlements?
If you have a valid slip-and-fall case, you may be entitled to receive some or all of the following damages:
- Medical bills
- Pain and suffering
- Lost wages
- Lost earning capacity
At the very least, if you have become injured in a slip-and-fall or trip-and-fall accident in Queens due to another’s negligence, you should expect to receive compensation to cover medical bills. The insurance adjuster or judge in your case may consider the sum of all medical bills you have recieved plus that of bills you anticipate as a starting point to calculate injury damages.
The sum used to calculate damages varies depending on where you live. They may use the amount the healthcare provider has billed or will bill you, or the amount the provider has agreed to accept as payment (which is often much lower than what is billed).
Pain and Suffering
Not everyone receives compensation for their pain and suffering. These are the least predictable damages; however, the sum of your medical bills is typically the starting point for calculating the value of pain and suffering damages.
The calculation for pain and suffering takes into consideration the severity and permanency of your injuries. Those who endure permanent injuries or impairments receive more compensation for their pain and suffering than those who make a full recovery.
If you had to miss work to recover from a slip-and-fall injury, you are likely entitled to recover the value of the wages you would have earned had you avoided the accident. You must verify what you earn and the time missed through your employer.
Lost Earning Capacity
If your injuries prevent you from performing your job duties and you can no longer earn the same living, you may be able to recover funds for lost earning capacity. A vocational rehabilitation specialist would have to testify to support your claim after evaluating your injuries, occupation, and future work prospects.
If you are successful in establishing that your capacity to earn a living has been reduced because of your injuries, the at-fault party may compensate you by paying for you to receive training or education in a different field or paying you a lump sum.
For the best chance of receiving the compensation you need and deserve, work with the team of Queens slip-and-fall attorneys at Cellino & Barnes. We strive for results. Call us or email us for a free case review.
Cellino & Barnes (800) 888-8888