The Most Dangerous Intersections in New York
Did you suffer a broken ankle from a slip and fall in New York City? We understand how devastating this injury can be. A fractured ankle can keep you from work, attending social events, and even accomplishing daily household and childcare tasks. If you believe someone else’s negligence caused your injury, you may have a claim for damages, and you are likely wondering what a slip and fall for a broken ankle settlement might look like.
While every situation is unique, we have put together this guide to help you answer questions, such as, What is the average payout for a broken ankle? And what happens next after a fractured ankle from a slip and fall?
What is the Average Settlement for an Ankle Injury?
One of the most frequently asked questions we receive is, “What is the average settlement for an ankle injury?” Everyone wants a straightforward number, but settlement values vary too widely for a single average to be meaningful. Every situation is different, and factors such as the severity of the fracture, the extent of your financial losses, and the amount of available insurance coverage all influence the final settlement.
Because most settlements are confidential, any figure you see online represents only a small portion of real outcomes and cannot show the full range of results. With that in mind, insurance adjusters and attorneys use several key factors when determining the value of a slip and fall broken ankle settlement.
Severity of the Injury
One of the most important factors in determining the value of a case or settlement is the severity of your broken ankle and whether you also suffered other injuries. A simple non-compound ankle break treated with a cast, no surgery, and minimal downtime will likely settle for less than someone who suffered a compound ankle fracture. A severe ankle break requiring surgery, physical therapy, months of downtime, and significant pain will most likely result in a higher settlement.
Damages
The more damages and financial losses an injured person suffers as a result of their slip and fall, the more substantial the settlement is likely to be. These damages include:
- Medical expenses,
- Lost wages from missed work,
- Cost of household and childcare help, and
- Pain and suffering.
The amount of financial loss attributed to these and other types of damages factors into your settlement.
Insurance Policy Limits
Typically, an injured party is limited to recovering up to the maximum amount of the at-fault party’s insurance policy. For example, if they have a $250,000 insurance policy, that is generally the maximum amount available to recover in a settlement. Depending on who might be liable, there may be more than one applicable policy. Your attorney will investigate all potentially responsible parties and corresponding insurance coverage.
Once you meet with your Bronx slip and fall lawyer, you will gain a better understanding of what you can expect in your case.
Who is Liable for my Broken Ankle from a Slip and Fall?
Determining who is ultimately responsible for your slip and fall can be challenging. Sometimes the negligent party is obvious, but other times it is not immediately apparent. Potentially liable parties include:
- Property owners. The person or business that holds ownership of the location where the fall took place is responsible for keeping the area they control reasonably safe for visitors.
- Landlords. May be responsible for injuries that occur in shared areas, or when they fail to perform required maintenance.
- Business owners or operators. Retail stores, restaurants, and other commercial establishments must maintain their premises in a reasonably safe condition for visitors and customers.
- Tenants. Depending on the terms of the lease, a renter can be held accountable for hazardous conditions they create or conditions they are required to maintain.
- Property management companies. These companies are responsible for maintaining and ensuring the overall safety of the premises they upkeep, and they may be liable if they fail to meet these standards.
- Government agencies. Public entities may be liable for injuries that occur on public property, including parks, streets, and municipal buildings.
- Maintenance contractors. Service providers hired for tasks like snow or ice removal can be liable if their work is performed negligently and creates or contributes to a hazardous condition.
Having a seasoned attorney to investigate the incident thoroughly can make a significant difference in your recovery. At Greenspan & Greenspan, we will leave no stone unturned and conduct a thorough investigation to identify all potentially responsible parties.
How Comparative Negligence Affects Your Slip and Fall Settlement in NYC
New York follows a pure comparative negligence system, which means even if you are partially at fault for the accident, you can still recover compensation. However, your compensation is reduced by the percentage of fault attributed to you. For example, if you are 20% at fault for the fall, your compensation will be reduced by 20%. While this calculation primarily applies to jury awards in cases that have gone to trial, during settlement negotiations, insurance companies often attempt to apportion fault to you to reduce the amount they must pay out.
This is why it is crucial to have an experienced attorney advocating on your behalf. At Greenspan & Greenspan, we will push back against attempts to shift unnecessary blame and work to ensure you receive the maximum amount of compensation you deserve.
How Long Do I Have to File a Slip and Fall Lawsuit?
Generally, you have three years from the date of the fall to initiate a civil lawsuit. However, there are exceptions to this general rule that could extend or shorten that time frame. For instance, if the City is a potentially liable party, you have only 90 days to file a notice of claim and a year and 90 days to file a lawsuit. Claims against the City or government agencies have a significantly shorter timeframe, so it is imperative to move quickly and meet with an attorney as soon as possible to preserve your rights.
Attorneys for a Slip and Fall Broken Ankle Settlement
Did you suffer a broken ankle from a slip and fall, and are you dealing with mounting financial consequences as a result? Let our experienced team and Greenspan & Greenspan help. Since 1959, we have been fighting for the rights of injured New Yorkers with a focus on personal attention and long-standing client relationships.
Contact us today to schedule a no-cost, no-obligation consultation.
