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Grocery Store Slip & Fall Accident Settlement In New York

Grocery shopping is part of everyone’s everyday life. People do not expect to be hurt when doing their shopping. However, if you slip and fall while doing so, it can change your life in a big way

New York City grocery store owners have a responsibility to make sure that their store is safe for everyone. This means they need to take steps to prevent slip-and-fall accidents in areas where both employees and customers go.

Slip and fall accidents can lead to long-term injuries that can make it hard for you to earn money or get a job later on. However, speaking to an experienced NYC slip and fall lawyer can help you file a slip and fall injury claim and help you seek the compensation you need for your injuries. This compensation can include medical bills, lost wages, and any other costs you incurred because of your injury.

Kucher Law Group’s team of New York personal injury attorneys have years of experience in helping clients seek the maximum settlement they deserve. Contact us today to schedule a consultation. 

New York Average Settlement for Grocery Store Slip and Fall Accidents

People are often curious about how much compensation they could get for injuries sustained in a slip or trip at the grocery store. New York has no standard amount for settling slip and fall cases. There are many factors affecting how much money you can receive for your injuries.

If you have been hurt in a slip-and-fall accident due to the store’s negligence, it is important to speak with an experienced personal injury lawyer right away. A skilled lawyer may be able to help you pursue a case or help you negotiate so that you receive the settlement amount you deserve. Contact Kucher Law today for a free consultation with an experienced NYC slip and fall lawyer. 

Premises Liability in a New York Grocery Slip and Fall Accident

To prove a premises liability case in a grocery store slip and fall accident, it is necessary to show that someone who worked at the store created the dangerous condition or that they knew about the dangerous condition but did not fix it or warn customers about it in a reasonable amount of time. This can be difficult to prove because the dangerous condition is often temporary, like a spill that can happen at any time.

At Kucher Law Group, we have experienced attorneys who know how to prepare a strong case to prove that the store is responsible for the accident. We will talk to employees and witnesses, get video footage, and hire experts to investigate the store’s practices and inspections. The store or their insurance company might say that the customer was careless or not paying attention, but we will fight against that and make sure the store takes responsibility for their negligence.

Common Causes Of Slip And Falls In New York Grocery Stores

Legal cases involving slip and fall accidents can be very complicated, especially when it comes to proving how the accident could have been avoided. When making a legal case for slip and fall accidents, it can be helpful to show what could have been done to prevent harm and to demonstrate that the grocery store did not do enough to keep their customers safe. 

There are four main reasons why people slip and fall in supermarkets:

• Spills aren’t cleaned up quickly and properly.
• Dangerous areas aren’t blocked off with clear signs.
• Walkways aren’t completely blocked off to protect customers from slipping if the spill is large.
• Employees who are responsible for cleaning aren’t wearing appropriate shoes on the job.
• Employees clean an area without alerting customers of a slippery condition

If you or a loved one has been hurt in a grocery slip-and-fall accident, speak to an experienced slip-and-fall lawyer right away. A skilled lawyer may be able to guide you through the process and help you recover the compensation you deserve for your injuries. 

Four Elements Needed to Prove Negligence in a Grocery Slip and Fall

If a grocery store fails to ensure your safety while you’re shopping, they can be held financially responsible for any harm caused. To establish their liability, you need to prove that they were negligent under the premise liability principle. To successfully prove the store’s negligence, you need to show the following:

1. The store owes you a Duty of Care: Grocery stores are required by law to take reasonable steps to keep their customers safe while they’re shopping. This includes the entire store, the surrounding area, and the parking lot.

2. There was a Breach of Duty: If the grocery store knew or should have known about a dangerous condition, like a spill on the floor, but didn’t do anything to fix it within a reasonable time, they can be held responsible for any harm that it causes.

3. The accident occurred because of the breach: If you were hurt because of the grocery store’s negligence, like slipping on a spill that they didn’t clean up in time, they can be held liable for your injuries.

4. You suffered an actual injury: To receive compensation for your injuries, you need to prove that you suffered a physical injury as a result of the grocery store’s negligence.

The first two elements are often not disputed. However, questions about whether the store’s actions caused the accident and the actual harm suffered by the victim may be challenged.

A lawyer can help explain the meaning and requirements of pursuing a slip and fall injury case. Big stores may try to avoid being responsible for the accident by using legal tricks to blame the injured party. Skilled personal injury lawyers can recognize these tactics and challenge them. Schedule a free consultation with the slip and fall lawyers at Kucher Law today. 

The Importance of Having a Slip and Fall Attorney in New York

When you file a legal claim for slip-and-fall in New York, you will be called the plaintiff. In order to prove that the grocery store was negligent and caused your injuries, you must be able to prove the four elements mentioned above. A lawyer can give you more information about each element, especially as they relate to a slip and fall accident at a grocery shop.

While the first two elements of negligence are not often disputed, defendants may attempt to avoid liability by using legal tricks that shift the blame onto the injured party. These tactics can be easily recognized by experienced personal injury lawyers and they can create solid arguments to counter the defendant’s claims.

You should hold the defendant responsible for any harm they cause you. This can be done in one of two ways: causation or damages. 

In causation, the defendant might try to claim that someone or something caused their injury, or that their negligence has nothing to do with the injured party’s injuries. These claims can be disproven by skilled personal injury attorneys who can present your case to jurors in a persuasive way.

Damages refer to the actual loss you have suffered. This includes medical expenses, lost wages, and pain and suffering. These losses must be attributed to the defendant’s inability to provide a safe environment. An experienced attorney may be able to invalidate any claims that the defendant might make to minimize their liability.

An attorney can help you make informed decisions if you’re concerned that the defendant might try to avoid liability for your injuries. Contact Kucher Law Group today to schedule a consultation. 

How Long Do Slip and Fall Cases in New York Take to Settle?

Typically, a simple case involving a slip and fall in New York City can take from six months to three years to conclude. Nevertheless, this time frame is only an approximate estimation. The duration of your case will depend on various factors, including the intricacy of the matter, how much time it takes to gather evidence, and whether you opt to settle or go to trial with the assistance of your personal injury attorney.

Getting the Help of New York Grocery Slip and Fall Accident Lawyers at Kucher Law Group

If you or a loved one has been injured in a slip-and-fall accident at a grocery store in New York, it’s important to take action and protect your rights. Don’t let the store and their insurance company blame you for their negligence. You deserve compensation for your injuries and losses.

As an experienced slip-and-fall lawyer in New York, Kucher Law is here to help you navigate the legal process and fight for the justice you deserve. Contact us today at (929) 274 8000 for a free consultation and let us help you hold the negligent party accountable.

from Kucher Law https://www.rrklawgroup.com/grocery-store-slip-fall-accident-settlement-in-new-york/

Average Payout For Slip and Fall Injury

Slip and fall incidents can happen due to several factors. While some may occur due to people simply slippig, several conditions can increase the likelihood of such accidents. Common indoor causes include wet floors, incorrectly waxed surfaces, and torn or bulging carpets. On the other hand,  slip and fall accidents can be caused by outdoor factors like inclement weather, poorly shoveled snow and ice that is not properly removed,  and insufficient lighting. Though injuries from such accidents can arise from almost any circumstance, many slip and fall incidents can be prevented by taking appropriate precautions.

When a slip and fall injury due to someone’s negligence results in significant injury, it is critical to hold the person responsible accountable for their actions. Victims of slip and fall accidents may be entitled to compensation for the injuries sustained. Injuries arising from slip and fall incidents can be painful, frustrating, and financially draining.

Settlement amounts for a slip and fall lawsuit can vary based on the severity of the injury, total loss of wages, and others. To obtain compensation, it is advisable to seek the help of an experienced New York slip and fall attorney. At Kucher Law Group, our team of skilled slip and fall lawyers may be able to help you obtain the compensation you deserve. Call us today at (929) 274-8000 to schedule a consultation.

Factors Affecting Payouts for Slip and Fall Injuries

When it comes to seeking compensation for slip and fall injuries, there are several factors that can impact the settlement value, such as:

Severity of injury: The resulting injuries from a slip and fall can range from mild bruises and cuts to more severe fractures and concussions, requiring extended medical attention such as surgery or physical therapy. The cost of medical treatment can increase the compensation a slip and fall injury victim is entitled to, with any associated medical care covered in a potential settlement.

Pain and suffering: The value of pain and suffering is subjective, but several common factors are considered, such as the nature and extent of the injury, length and type of treatment, and prognosis for recovery.

Medical expenses: The amount of medical expenses is a significant factor influencing the settlement value and includes expenses for hospital stays, surgeries, treatment, long-term care, and physical therapy. The claim for medical expenses may also cover anticipated future medical care.

Lost wages: If the injuries disable the plaintiff from working, the settlement may include compensation for lost wages not only from the accident date but also the remainder of their anticipated work-life.

Degree of fault: The settlement amount may vary depending on the degree of fault the defendant bears for the accident. The settlement may be higher if the defendant is mostly or entirely at fault compared to a situation where the plaintiff shares some blame.

If you’ve been injured in a slip and fall accident, it’s important to understand the various factors that can impact the potential value of your settlement. Seeking the guidance of an experienced New York slip and fall attorney may be able to guide you through the complex legal process and help ensure you receive fair compensation for your injuries.

Average Settlement for Slip and Fall Cases

It’s difficult to determine an average settlement amount for slip and fall cases since each case is unique. The monetary value of a case depends on various factors, including the circumstances leading up to the accident and the severity of the injuries sustained.

No Evidence of Causation

If the plaintiff cannot prove that the defendant was negligent, they will receive only minor damages, regardless of the extent of their injuries. For instance, if someone falls and breaks their ankle at work, and there’s no evidence of a spill or clutter that caused the accident, the owner is not considered at fault. Even if the plaintiff experienced a severe injury, they may only be able to recover a small settlement of less than $10,000.

Minor Injuries With Evidence of Causation

In some instances the defendant’s negligence is evident but the plaintiff sustains relatively minor injuries. In such scenarios, the plaintiff may be awarded a higher settlement, albeit with limited damages. The settlement amount could fall within the range of $10,000 to $15,000, but due to the wide range of minor injuries, this figure may fluctuate significantly, either lower or higher depending on the damages the plaintiff incurred.

Severe Injuries With Evidence of Causation

If the victim suffered significant injuries and can prove causation, they have a better chance of receiving a higher settlement. In such cases, insurance companies are more likely to agree to higher monetary compensation to prevent the case from going to court.

For instance, if a store owner fails to clear the sidewalk outside the store after a snowstorm and an older adult slips on the ice, sustaining a broken hip and a concussion, the victim could receive a significant settlement. A strong case can be made for a substantial settlement based on the need for continued medical treatment and clear proof of the store owner’s negligence. Moreover, the store owner is expected to have a comprehensive insurance policy with high liability limits, which creates greater flexibility in settlement negotiations.

How To Maximize The Payout Value of A Slip and Fall Injury

If you’ve been injured in a slip and fall accident, you may be wondering how to maximize your payout. 

One of the most critical steps is to act promptly and thoroughly document the incident. Taking photos of the scene and collecting contact information from witnesses can help prove liability. Seeking medical attention as soon as possible is also crucial, as it allows for a proper assessment of your injuries.

Maintaining a record of the incident is also essential. Keeping a journal with notes on the fall’s circumstances, medical appointments, pain levels, and daily activities affected by the injury can help prove your claim.

It’s also advisable to consult with a slip and fall lawyer before speaking with the insurance company. Any statements made to the insurance company can be used against your claim. However, having legal representation can protect your interests and ensure that all conversations with the insurance company are handled appropriately.

Hiring An Experienced Slip and Fall Attorney

A slip and fall accident can result in serious injuries and significant financial losses, especially if the victim is unable to work or requires ongoing medical treatment. In such cases, it may be necessary to hire a slip and fall lawyer to help pursue compensation for damages. 

A skilled New York slip and fall attorney can help negotiate with insurance companies or represent you in court to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. At Kucher Law Group, personal injury attorney Samantha Kucher and our team of slip and fall lawyers may be able to provide guidance and support throughout the legal process, ensuring that your rights are protected. Our team may be able to help you receive the best possible outcome in your case. Contact us today at (929) 274-8000 to learn more about how we can help.

from Kucher Law https://www.rrklawgroup.com/average-payout-for-slip-and-fall-injury/

How Much Is A Bedsore Lawsuit Worth?

Bedsore lawsuits can be valued anywhere between low five figures and several million dollars depending on the particular case. However, nothing is guaranteed. The value of a bedsore lawsuit can be affected by many things, such as the location where the lawsuit is filed, the resident’s overall health, relationships with family members, the insurance coverage available, and the skills of the attorney. A case that is otherwise strong could be made less so by a specific set of facts.

Families can file a bedsore suit against negligent nursing homes to recover financial damages for the pain and suffering and make it easier to get the care their loved one deserves as well as to move them to another facility. 

Each case is different and each individual has a unique set of circumstances that will impact the final outcome. A thorough analysis of the case by a qualified New York City bedsore lawyer may help determine the average amount of a lawsuit for bedsore injuries. Kucher Law Group may be able to help you. Call us at (929) 274-8000 to speak with our experienced NYC bedsore attorneys. 

New York City bedsore attorney

Factors That Can Make a Bedsore Lawsuit Worth More

Every bedsore case is unique. There is generally no standard procedure as to what can make the lawsuit worth more. Usually, the greater the strength of the case, the higher the likelihood that the nursing home will pay to settle the matter. There are also other factors that will likely make the case worth more. 

In many cases of bedsore litigation, the nursing home may be able to defend itself by claiming that the resident was unable to avoid the injury. The nursing home could not have prevented the bed sore from developing, no matter how hard they tried. Diabetes, End Stage Renal Disease, Peripheral Artery Disease, and Cancer can all be used to defend against bedsore lawsuits. Your case may be stronger if the resident has fewer or no comorbidities at all.

Judges and members of the jury also respond to the residents’ lives in the community, as well as the family of the victim. Nursing homes are more likely to be more willing to settle if the resident’s family is very involved in the resident’s life and has cared for them for a long time. These family members may make better witnesses should the case reach court.  

In bedsore cases, the majority of evidence is found in hospital records and nursing home records. These documents can be used to prove abuse or neglect and can make the bedsore lawsuit stronger. 

Another factor that can help raise the value of a bedsore lawsuit is when a former or a current employee of the facility testifies. If the former employee speaks about what they saw or how the policy and procedures were implemented at the nursing home and may have caused the injuries this can be helpful to your case. Some of the most valuable testimony can come from the employees of nursing homes.

Lastly, a bedsore case is sometimes dismissed by less experienced attorneys as not worth pursuing. Having a skilled attorney by your side is another factor that may raise the value of your lawsuit. An experienced lawyer can show that a series of actions on behalf of the facility resulted in the resident’s bedsore. The case will be more valuable if the jury can see that the injuries were a predetermined outcome based on policy or budget and not only simply neglect. Speak with a highly rated Brooklyn personal injury attorney at Kucher Law Group today to learn more.  

Stage 4 Bedsore

A stage 4 bedsore is one of the most dangerous types of injuries. Long-term pressure on the skin and underlying tissues causes this type of pressure ulcer. As a result of the tissue damage induced by constant pressure, the skin, muscles, and even bones may break down.

Stage 4 bedsores can be one of the most severe types of bodily injury that can result from negligent medical or nursing care. They frequently occur as a result of a healthcare provider not giving patients the required attention. This kind of negligence might be considered grounds for either a personal injury or medical negligence case.

Patients may be qualified to file a claim or a lawsuit in the event that they get a stage 4 bedsore while being treated at a hospital or nursing home. New York laws allow patients or their families to sue and get compensation for their injuries and enable them to recover and get better care for themselves. 

Working with an experienced New York City bedsore lawyer can help you understand your legal options and how you can hold the responsible parties accountable for your damages. Our attorneys can assist in filing a claim and securing the maximum compensation possible for your damages whether negotiating a settlement or litigating in court.

What Makes it So Difficult To Determine The Value Of A Bedsore?

Simple answer: Nursing facilities want to keep settlements a secret. A nursing home negligence or malpractice settlement is often kept secret from the public, unlike class action settlements. Hospitals and nursing homes hate negative publicity so they work hard to keep these settlements kept confidential.

Bedsore cases are often settled through arbitration. This is because the contracts that people sign to place their loved ones in a nursing home or hospital require arbitration in case of a dispute. Arbitration settlements are kept secret from the public and cannot be discussed by the attorneys with their colleagues or with other clients.

Seeking the Legal Advice of an Experienced Bedsore Lawyer

Families are sometimes reluctant to make objections about their loved ones’ care, fearing the consequences of a complaint. However, it is important to hold the facilities responsible for any neglect that results in a loved one’s decline in health. A loved one’s health may be at risk if signs of neglect are not reported. 

While making a positive difference in others’ lives, you can also ensure that the loved one receives the compensation they deserve. Contact the bedsore lawyers at Kucher Law Group today to schedule a consultation. Free consultation: (929) 274-8000.

from Kucher Law https://www.rrklawgroup.com/how-much-is-a-bedsore-lawsuit-worth/

What Causes a Ceiling To Collapse?

There are many older buildings in the New York area. As a result, it’s very possible to be living in a building that is at risk of leaks, roofing problems, and even ceiling collapses. This is a serious issue that can leave you dealing with significant damages and personal injury. If you or someone you know is in this kind of situation, it’s imperative to speak with a Brooklyn ceiling collapse attorney about your rights and the steps you can take in order to be rightfully compensated for your injuries.

What Might Cause a Ceiling to Collapse?

Sturdy ceilings in Brooklyn and other New York City buildings are built to last. However, it is possible there may be defects in the foundation or roofing, which can result in a ceiling not being as strong as envisioned. This could happen when a building is very old or when a defect is overlooked by the construction team.

A ceiling collapse could happen for the following reasons:

 • Improper maintenance or no maintenance at all

 • Weather damage including high wind, snow, or ice

 • Wall failure and pressure from the attic

 • Pipe leaks in the ceiling

 • Improper support in the ceiling

 • Violations of building code in the construction

 • Damage from termites or other pests

 • Damaged ceiling supports

 • Items stored on drywall instead of joists in the attic

Property owners are required to ensure that their buildings are up to safety standards. If a problem occurs and the ceiling collapses, it can result in serious injuries, which means the property owner or landlord would be held liable. At the same time, liability depends on the reason behind the ceiling collapse. Your accident lawyer can determine whether you have a valid case.

Sagging Ceiling

When a section of a ceiling starts to droop or gaps and cracks form, this is known as a drooping or sagging ceiling. It can be caused by a range of issues, from faulty building techniques to neglectful maintenance. It’s important to address a sagging ceiling immediately, as waiting could lead to a collapse with devastating consequences. While the cost of repairing a sagging ceiling and replacing furniture may seem daunting, it pales in comparison to the potential harm that could result from a ceiling collapse, such as serious injury or even death.

Causes of Sagging Ceiling

It can be risky and expensive to fix sagging ceilings. As a homeowner, it is important to create a safe space that is free from dangerous hazards. In order to do so, it is important to understand the possible causes for the sagging in your ceiling:

A collapsing ceiling and shifting foundations

If your foundation is sinking or shifting, your floors, walls, and ceilings will suffer. If your foundation is failing, you will most likely notice cracks in your walls, sagging floors, doors jamming, and paving cracks.

The best way to detect foundation problems is to begin your inspection on the lowest floor and work your way up. Examine your basement/lower floor walls for cracks, insect infestations, excessive moisture, and damp odors.

Brooklyn injury attorney

Load-bearing beams and ceiling supports

Your ceiling’s strength and durability are highly dependent on structural support. Different types of ceilings call for different supporting structures. If the structure is inadequate, for instance, there are missing load-bearing beams, or the frame is undersized, the weight of the unsupported ceiling will eventually cause sagging. 

The same principle holds true when supporting beams are spaced too widely apart, reducing the level of support in areas affected by the ceiling. It is important to keep in mind that as long as the issue is not neglected, you should be able to repair rather than completely replace the sagging ceiling.

Leaks and Water

The materials used for ceilings are made to withstand incidental surface wetness and low-level dampness, but heavier or continuous exposures can make the material heavier and lose structural integrity. The likelihood of a failure increases with the length of time that the conditions are allowed to last. If a water leak or other moisture infiltration is not fixed, it can result in a number of health and safety problems, such as ceiling collapse, tripping risks, and hazardous mold exposure. It is important to first address the source of the water damage before rebuilding or repairing supporting beams and frames.

Excessive Insulation

Although it is not the most frequent cause, using too much insulation can cause a ceiling to sag. Because each type of ceiling has a different load-bearing capability, adding too much weight will inevitably cause the ceiling to sag. If insulation is a problem, the entire ceiling may eventually sag uniformly. Again, in this case, early repair is significantly less expensive than repairing a collapsed ceiling. If insulation is the source of your problem, a trained builder or building inspector should be able to identify it quickly.

Pests including termites

If termites infest your home, the situation could quickly spiral out of control. Termites are highly skilled at destroying load-bearing or supporting timber structures. Termites can be identified by the presence of termite feces or wing droppings, damage to wooden objects such as doors and furniture, or the presence of termite tunnels adjacent to your home. Hiring exterminators to combat termites is the best course of action.

It is critical to have a building inspector inspect your ceiling as soon as you notice any signs of sagging. You can prevent a dangerous ceiling collapse if you act quickly and fix any potential issues. Should you be injured in a ceiling fall due to someone else’s negligence, it is very important to consult with a Brooklyn personal injury lawyer about your rights, as well as the steps you can take to be fairly compensated for your injuries.

What Kind of Injuries Can Occur Due to a Ceiling Collapse?

If a ceiling collapses, it creates a dangerous situation in more than one way. The building is exposed to the elements and has no cover. The collapse can also result in pieces of the ceiling falling on top of people inside the building, causing serious injuries. When a ceiling collapses, debris can fall inward and it can cause head, neck, or back injuries. A person can even suffer an eye injury if debris gets into their eye or strikes an eye.

Slip and fall accidents are also common after a ceiling collapse. It’s common for a person to lose their balance while slipping on wet debris, falling, or suffering cuts, contusions, sprains, and strains. If the fall is bad enough, they might even suffer a fracture or a wound bad enough that requires stitches.

Liability in a Ceiling Collapse Accident

Article 301 of the New York City Construction Codes states that property owners and landlords must maintain a certain standard of maintenance for their buildings. The building owner is responsible to keep compliant with the city building code. Unfortunately, not all owners and parties involved in keeping the property safe are responsible enough to conduct regular maintenance checks and quickly repair damages. 

A landlord or owner may be negligent in repairing ceilings that are in need of maintenance. They may also hire a contractor or repairman to repair a ceiling problem, but the contractor may fail to do the job adequately. In such a situation, the contractor or the repairman can be held responsible for the ceiling’s collapse. This is in addition to the landlord or property owner being liable for any damages caused by the collapse. In some instances, damage may even be caused by the construction of the building itself if the construction company in which case the construction company may be liable.

Thus, there can be multiple parties who can be held liable for a ceiling collapse. Owners, contractors, landlords, and repairmen can be held responsible if a ceiling collapses and causes injuries and property damages. If it’s proven that the ceilings were inadequately constructed, used defective materials, or if minimum legal requirements were not fulfilled, construction companies may also be held liable. An experienced ceiling collapse attorney may be able to help you create a case that establishes the liability of different negligent parties.

How Can You Prove Negligence By a Property Owner?

You must prove negligence on the part of a property owner if you’ve experienced a collapsed ceiling and suffered injuries. Premises liability makes the landlord or property owner responsible if you can prove negligence. Property owners have a duty of care to ensure that their buildings are properly maintained in a reasonably safe manner so that residents, tenants, and visitors can remain safe.

If a landlord or property owner was aware of the potential risks of a ceiling collapse, they could be held liable for damages. An accident lawyer can help you prepare your lawsuit so that you can recover compensation for your medical expenses, lost wages, property damage, and more. They can help you prepare your claim if the property owner was negligent in the upkeep of your building

To speak with an experienced ceiling collapse lawyer, please contact us at your earliest convenience.

from Kucher Law https://www.rrklawgroup.com/what-causes-a-ceiling-to-collapse/

Can You Sue Someone for the Loss of Enjoyment of Life?

Filing a personal injury suit is a way to claim compensation for economic damages such as lost wages, medical expenses, rehabilitation and therapy fees, and property damages. However, injuries can also leave damages that cannot be measured economically. People who have been injured in car accidents caused by the negligence of others can often experience pain and suffering in the form of psychological and emotional trauma aside from physical trauma. 

New York law has provisions allowing the injured party to seek compensation for these non-economic damages.  The process of calculating pain and suffering after a car accident is not as clear-cut compared to filing a claim for economic damages. If you have been injured in a car accident caused by the negligence of another party, an experienced New York City car accident attorney may be able to assist you in getting compensated for the economic and non-economic damages you have experienced. 

Kucher Law Group, led by top-rated Manhattan personal injury attorney Samantha Kucher, offers quality legal representation to help New Yorkers move forward after their accidents. You don’t have to face this alone. Contact us today at (929) 274 8000 to schedule a free consultation.

Loss of Enjoyment of Life Explained

Loss of enjoyment of life is a legal term that refers to the severity of the impact an injury caused in a victim’s life. When a person experiences an accident that results in injuries that prevent them from having the quality of life they had before the injury, they can experience a loss of enjoyment of life. These types of injuries can often be debilitating or affect the ability of the injured party to engage in the activities they enjoyed before the accident. Common types of injuries that cause enjoyment of life include the following:

Chronic Pain

While pain in most injuries can ease as the patient recovers, it can continue to persist in instances where nerves are damaged or for some other medical reasons. Pain is a stimulus that helps alert the body to dangers such as injury but when the injury has healed and pain becomes a chronic stimulus, it can cause severe stress. Even if the chronic pain is not severe, it can still cause a person to have psychological and emotional trauma. Although their physical injuries have healed, a person experiencing chronic pain can suffer from sleep disruption, behavioral changes, depression, and anxiety. If not managed appropriately, their condition can also affect how they interact with others, regardless of personal or professional relationships.

Head and Brain Injuries

Head and brain injuries in general have a propensity for causing complications. In some cases symptoms of head injuries can take time to develop causing the injured party to think that the injury is not severe. For concussions and traumatic brain injuries, the risks to the injured party’s health can include severe migraine, nausea, swelling of the brain, loss of balance and other motor functions, and cognitive impairment. 

Disfigurement

Injuries that cause disfigurement such as burns can cause a severe psychological impact on the injured party, especially if the scars or the disfigurement are in a highly visible part of the body such as the face. While therapy and plastic surgery can help, disfigurement can affect a person’s self-esteem and confidence. However, the impact of disfigurement is not only aesthetic or psychological, scar tissue can cause limited mobility and greatly impact how a person approaches their daily activities.

Loss of Vision, Hearing, or Speech

Losing the ability to see, hear, or speak can be a traumatic experience. Even losing just one of those senses can negatively impact how a person can take care of themselves. For injured persons who have lost their sense of sight, they would have to completely recalibrate how they go about in the world and it can take time until they can live independently.

Loss of vision, hearing, or speech can also affect a person’s career prospects and how they make a living. A person who can once take care of themselves may become reliant on technology or their loved ones just to get by. This challenging transition can cause injured parties to develop depression.

Spinal Cord Injuries

Spinal cord injuries can cause paralysis and loss of motor control. Depending on the type of spinal injury, a person can lose the ability to walk or control their whole body. Despite the improvements in rehabilitative medicine, it can still take a person a long time to recover some mobility and not all can recover to the level they had before the injury. Such injuries can leave an injured person not able to experience or enjoy any activities they previously did before their accident.

Soft Tissue, Musculoskeletal Injuries, and Amputations

Damages to soft tissues such as ligaments, tendons, and muscles, and fractures can cause a decrease in motor function. The loss of limbs can also be a traumatic event and require a person to undergo rehabilitation and therapy to adapt to their new condition. The person can also experience a period of dependence on others’ help that may also affect them emotionally and psychologically. 

How is Loss of Enjoyment of Life Calculated?

Loss of enjoyment of life is non-economic damage, meaning that it cannot be measured through empirical means. Calculating loss of enjoyment of life involves estimating the effect the injury or the consequences of the injury has caused on the person’s life. The jury can consider the following factors in determining the estimate:

• The age of the injured party
• The injured party’s educational background, work history, and other professional opportunities
• The severity of the injuries sustained
• The future consequences of the injuries on the person’s life
• The nature of the activities the injured party can no longer engage in

There are no receipts or physical documents that may help validate the loss. However, the testimony of the people close to the injured party as well as the expert testimony of therapists or other field specialists can also corroborate the facts.

Just as a person can file a claim for compensation on medical expenses for physical injuries they sustained in a car accident, injured parties can file a claim for the emotional and psychological damages that they incurred. It is important to remember that just because they are not visible, it does not mean that these damages do not exist. They are real and measurable. 

For accidents caused by the negligence of others which may have been preventable, it is even more crucial to pursue compensation as circumstances could have been different if the accident had not happened. By including compensation for loss of enjoyment of life in a personal injury suit, the injured person can receive the financial resources they need to adapt to their new circumstances and find new activities that they can enjoy.

The Importance of Working with an Experienced New York City Car Accident Attorney

Compensation for non-economic damages such as loss of enjoyment of life is often overlooked but they remain to be an important part of personal injury claims. Recovery after a car accident should not only involve the physical aspect of a person’s welfare but also their mental and emotional well-being.

Top-rated Manhattan car accident lawyer Samantha Kucher understands the gravity of pursuing negligent parties for physical damages as well as damages for a person’s pain and suffering. An injured person should not have to face the double burden of physical and emotional trauma. Our team of personal injury attorneys works hard to deliver tailored legal solutions to parties who have been hurt due to the negligence of others. You don’t have to face this alone. Contact us today at (929) 274 8000 to schedule a free consultation.

from Kucher Law https://www.rrklawgroup.com/can-you-sue-someone-for-the-loss-of-enjoyment-of-life/

Is New York a No-Fault Insurance State?

Ranking among the top 5 most populous states in the United States, New York state has a high number of car collisions. Busy traffic leads to the inevitability of car accidents, which in turn result in injuries and even fatalities. That’s why it is so important to understand the insurance policy and when you should consult a car accident attorney.
It is critical to seek the help of a skilled car accident attorney before it’s too late. An experienced New York car accident lawyer can guide you through the legal process and ensure that your rights are protected. At Kucher Law Group we may help you pursue fair compensation for your losses such as medical expenses, lost wages, property damage, and pain and suffering.

What Is a No-Fault Law in NY?

The No-Fault law can sound confusing to people who hear about it for the first time. One should know that the law does NOT mean nobody would be held at fault for a car collision.

Car accident lawyer in Brooklyn

The No-Fault car insurance system exists in more than a dozen states in the US including New York. The No-Fault law was adopted in NY in the 1970s to help people get compensation faster and to provide financial aid to car accident victims more quickly.

The law applies to everyone who got involved in the car accident including pedestrians, cyclists, drivers, and passengers of the vehicles regardless of who was at fault. The victims of the motor vehicle accident can have their crash-related medical expenses, lost earnings, and incidental costs covered by the insurance company.

Who Can Qualify for No-Fault Insurance in New York State?

The No-Fault law in NY state applies to pedestrians, cyclists, drivers, and passengers who got injured by a motor vehicle. There are several conditions that one must meet to qualify for No-Fault insurance coverage:

• The car accident has to happen in New York state.
• The driver or passenger injured in a vehicle collision has to be in the insured car. If it’s a pedestrian or cyclist then the vehicle they were hit by has to be insured.
• The vehicle must have New York state registration.
• The vehicle must be a car, bus, taxi, truck, or another type of vehicle covered by No-Fault law.
• The vehicle insurance has to be issued by a company licensed to do business in New York state.

Who does not qualify for No-Fault insurance?

• Motorcycle and motor scooter riders.
• Motor vehicle drivers injured as a result of operating a motor vehicle while intoxicated.

Who Pays for Car Damage In A No-Fault State?

In New York, there are “no-fault” insurance laws, which means that in a car accident, each driver’s insurance pays for their own injuries, regardless of who was at fault. However, this only applies to personal injury claims, not property damage. 

In the event of a car accident, the driver who is responsible for the accident is accountable for covering all property damage incurred. Unlike personal injury claims, anyone whose vehicle or other property sustained damage can receive direct compensation from the at-fault driver for the complete cost of the damages. Typically, liability is transferred to the at-fault driver’s insurance company, provided the driver meets state law requirements and has adequate insurance coverage. Unlike personal injury claims, property damage claims can be pursued independently.

If you have been involved in a car accident in New York and are struggling to navigate the complexities of filing an insurance claim for property damage, Kucher Law Group is here for you. Our experienced New York car accident lawyers may be able to help you receive the full compensation you deserve. We are committed to ensuring that you can hit the road again without having to pay for any repairs out of your own pockets. Contact us today to schedule a consultation and learn more about how we can help.

How to Claim No-Fault Insurance?

Claiming No-Fault insurance can be tricky due to many rules and strict deadlines, when it comes to filing and submitting the paperwork.

The application for No-Fault insurance must be filed with the insurance provider within 30 days of the car accident. The medical bills have to be submitted within 45 days of the treatment while other expenses, for example, the lost wages or household help must be submitted within 90 days.

The skilled car accident attorneys at Kucher Law understand the frustration and anxiety that go hand-in-hand with a car accident and are here to help vehicle collision victims and their families ensure they get the justice and compensation they deserve. If you have been injured in a car accident in New York state, call now to schedule a free consultation with a top-notch car accident lawyer, (929) 274 8000.

from Kucher Law https://www.rrklawgroup.com/is-new-york-a-no-fault-insurance-state/

How Is Pain and Suffering Calculated After a Car Accident in New York City?

New York is a no-fault state. How much pain and suffering compensation you may be entitled to after a car accident, directly depends on the extent of your injury. The pain and suffering damages are not calculated on a pay-per-day or hourly basis, but rather on the severity of injuries. Compensation for victims of car accidents typically falls into two categories: specific damages and general damages. Specific damages include things such as the repair cost for your car after the accident, lost wages during the time your vehicle was being repaired, and medical treatment charges that you have incurred as a result of the accident. General damages on the other hand are more subjective and take into account things such as physical pain and mental anguish, emotional distress, or loss of enjoyment of life. 

Before it’s too late, it is recommended that you speak with an experienced NYC car accident attorney who can advise you on the best course of action for your specific situation. Call Kucher Law Group for a free consultation at (929) 274 8000.

What is Pain and Suffering as defined by New York Law?

The physical and mental anguish suffered by victims of a car accident is called pain and suffering. This does not include medical expenses that can be easily calculated. Pain and suffering refer to the loss of ability, comfort, happiness, and opportunities that result from serious injuries after a motor vehicle accident in NY. 

Examples of Pain and Suffering

This category includes both emotional and physical suffering. The following are examples of suffering and physical pain:

• Long-term disability
• Life expectancy has been reduced
• Future and present physical limitations
• Daily life complications
• Pain and discomfort in the body
• Scarring, amputations, or burns can cause significant disfigurement.
• Persistent loss of bodily function
• Traumatic brain injury (TBIs).

Here are some examples of emotional suffering and pain:

• Anxiety or depression
• Post-traumatic stress disorder (PTSD).
• Modifications to sleeping and eating habits
• Loss of enjoyment in life, or the things you used to enjoy
• Mood swings
• Fear, anger, and humiliation

In a NY car accident case, you may be allowed to include non-economic mental, and physical harm as well as pain and suffering. An experienced attorney in car accidents can help you decide what constitutes pain and suffering in your case.

Why Do I Need a New York Car Accident Lawyer?

Legally, it may be difficult to sue for physical pain and emotional injuries following a car accident. When you hire an experienced lawyer from Kucher Law Group to represent you, you can rest easy knowing that they will fight for your rights and work hard to get you the maximum compensation allowable under the law.

NYC car accident lawyer

How Much is Pain and Suffering Worth?

In New York, there isn’t a set amount for claiming pain and suffering after a car accident. If you’ve suffered injuries due to someone else’s negligence in a car crash, you have the right to seek compensation for pain and suffering. 

When calculating the compensation for pain and suffering, courts consider various factors like the extent of injuries, recovery duration, and the impact on the victim’s daily activities and life. The long-term effects on the victim’s physical and emotional wellbeing are also taken into account. The court may also consider medical records, and prescription information as evidences. In addition to medical records, photographs of the injuries can be presented as evidence to provide a visual representation of the damage caused. 

It’s critical to seek the help of a skilled car accident attorney in New York if you’re pursuing compensation for pain and suffering. An experienced lawyer can assist you in navigating the complexities of the claims process, and gathering evidence to support your case. At the Kucher Law Group, our team of experienced New York car accident lawyers may be able to help increase your chances of getting the compensation you deserve. Call us today at (929) 274 8000 to schedule a consultation.

How are Pain and Suffering Damages Calculated?

Although medical bills, vehicle repairs, lost wages, and lost income are easy to quantify, it is difficult to calculate pain and suffering damages. Your attorney will use one or more methods to calculate your pain and suffering and justify these calculations to the insurance companies, judges, or juries, depending on how difficult it is to quantify.

Methods of Calculating Suffering and Pain Damages

Insurance companies and attorneys often use two types to calculate suffering and pain damages.

Multiplier Method

This is the most commonly used method. This involves determining the economic damages. These can include past and projected medical expenses, lost wages, lost earning potential, and property damage. This amount is then multiplied by a number, usually between 1.5 to 5. The multiplier increases the more severe the injury.

Per Diem Approach

This method gives a dollar amount to the victim for every day they sustain an injury until they recover. Often this is the victim’s daily income.

Your settlement will not be calculated by attorneys or insurers. Factors you may not expect to be included, such as your doctor and whether or not you are receiving any treatment based on recommendations. Sometimes insurance companies use software programs that use sophisticated algorithms to determine your settlement amount. This includes taking into consideration both the type and extent of your injuries and any medical treatment you need.

What Are Some Factors That Affect Calculation After A Car Accident?

When calculating pain-and-suffering damages, judges, juries, or insurance adjusters take into account a variety of factors. These factors may include:

• Types of injuries sustained
• How long was the pain?
• The severity of the pain
• The location and nature of scarring/disfigurement
• The impact of pain on victim’s lives
• Time to recover
• Anticipate future problems
• Age at injury
• An attorney may provide evidence
  

These factors may all play a role in pain and suffering calculations

Call New York’s Top Rated Car Accident Lawyers Today

If you or someone you love has been hurt in a car crash, New York’s top-rated lawyers at Kucher Law Group are here to help fight for the compensation you deserve. Call now (929) 274 8000 for a no-obligation, free case evaluation. We are here to help.

from Kucher Law https://www.rrklawgroup.com/how-is-pain-and-suffering-calculated-after-a-car-accident-in-new-york-city/

How Much Could a Steroid Injection Increase Settlement on Your Herniated Disc Case?

If you were injured due to another party’s negligence, such as due to a slip and fall or a trip and fall, you may have needed medical attention and care. It can often take months to recover. You may still be suffering from your injuries. In some cases, steroid injections are used as part of the treatment for injuries like herniated discs.

Below, you will learn more about these types of injuries, how epidural steroid injections could help, and how their use could potentially increase your settlement amount. Your Brooklyn slip and fall lawyer may be able to shed more light on the matter, especially on how other factors can affect your slip and fall settlement amount. First, it is important to understand the nature of these types of injuries and how steroid injections can affect them.

What Is a Herniated Disc?

Between the 24 vertebrae that make up the spine are discs, which are round, rubbery cushions that are meant to provide shock absorption. They are filled with a gel-like fluid and are what allow a person to twist and bend. When the back is injured in a car accident or otherwise, these discs can swell or slip. The swelling can irritate the nearby nerves. This is what causes pain. In some cases, the pain might be annoying but tolerable. Other times, it can be chronic and excruciating.

Regardless of the amount of pain a person feels, they deserve compensation for their injuries. When they need to have steroid injections to help with the pain, it typically means that the injury is more severe and will take longer to heal—if it can heal entirely. The severity of the injury and the requirement for steroid injections could affect the settlement amount for certain cases.

Types of Treatment Options Often Used for Herniated Discs

The severity of herniated disc injuries and the pain they entail vary considerably from one person to another. Many people have herniations and don’t know it, while others are in serious pain each day. It often depends on the amount of damage that has been done. Because of the variation, it means that there are several options when it comes to treatment. Below are some of the most commonly used treatment options.

In some cases, the doctor may want to treat the injury conservatively. In these cases, they will generally provide patients with a course of anti-inflammatory drugs. Patients might also be using over-the-counter medications to help with inflammation and pain management. Medication will generally be provided along with physical therapy or even chiropractic therapy.  

When that type of treatment doesn’t work, they may then refer the patient to a physician specializing in pain management.  That doctor prescribes steroid injections to help reduce pain and swelling caused by the herniation.

The goal is to allow the body to heal over time. However, that may not always be possible. When the above treatments don’t work, the doctors may decide that surgery is the best option. The surgery could be minimally invasive, or it could be larger and more complicated open-back surgery. Again, all cases and injuries are different.

How Are Steroid Injections Used?

Steroid injections are an anti-inflammatory medicine that can be used for a wide range of health conditions and injuries, including spinal pain after a car accident. The steroids are used to reduce inflammation in the part of the body where they’ve been injected. In the case of a herniated disc, the injection is made at the site of the epidural space. This is the outermost part of the spinal column. It is supposed to help relieve pain by taking pressure off of the areas of the spine that were affected.

Instead, they help to reduce the amount of pain you are feeling. Patients may receive just one injection, or they may receive several as part of their treatment.

Typically, the pain relief provided by steroid injections can last for six to eight weeks. Although, it can last for as long as six months in some instances. These types of injections can help more than herniated discs. They are sometimes used for sciatica and spinal stenosis, as well.

For many patients, pain relief can help to make the injury more bearable for a time. However, it is important to keep in mind that steroid injections are not used as a means to heal the injury. This means that if the underlying cause of the injury is not taken care of, the pain could return time and again.

Additionally, you can’t continually get these types of injections. It is recommended that you should not have any more than three to six injections per year. The number a patient can receive will depend on their doctor and their injury.

Common Types of Steroid Injections

Below, we’ll look at some of the ways that steroid injections are administered

The most common, which we discussed above, is an injection into the epidural space. This is known as an interlaminar epidural injection. While this is the method that tends to be used most often, it is not the only place where the injections might occur.

Other times, the injections will be into nerve blocks. The doctor will inject a local anesthetic and steroid into the location where the spinal nerves are located. It is known as a transforaminal epidural injection.

Finally, there are caudal epidural injections, but this doesn’t usually happen until after a patient has undergone back surgery that didn’t provide the patient with the help and pain relief they need. These require an injection of the steroid through the sacral hiatus into the epidural space.

What Are Trigger Point Injections?

Epidural steroid injections are not the only way steroids are used to treat injuries. Trigger point injections could also help with inflammation, as well as muscle relief. The trigger points are knots that develop either in the muscles or the fascia tissue, and they can cause chronic pain. As the name suggests, these types of injections are made right into the trigger points. Some who have suffered a neck injury in a car accident might receive these types of injections, for example. Again, they can help to manage pain while the body begins to heal, or while you are waiting for other types of treatment to treat the underlying cause.

What Are the Risks of Steroid Injections

Although steroid injections can provide pain relief, there are downsides to them. The injections are costly, for starters. While they are minimally invasive, they also have some potential risks including feeling flushed, increased blood sugar levels, insomnia, bleeding disorders, and pain at the injection site. Some patients may even become allergic to the medication. These issues are rare, but they do happen.

Could Steroid Injections Truly Increase Your Settlement Amount?

When someone has suffered a back injury and a herniated disc, there is the potential that the settlement amount could increase if steroid injections have been used. This is because it is seen as a more complicated or severe injury that other methods of treatment did not help. Therefore, the awards from juries tend to be a lot higher, as do settlement amounts if the other party doesn’t want to go to court.

What If You Need Surgery?

While it is true that steroid injections can increase the settlement, surgery will increase the amount even more. Surgery means that neither conservative treatments nor injections worked to relieve the pain and allow the back to heal. These cases, because they often involve more pain and suffering, along with the surgery, tend to net a higher settlement.

However, that doesn’t mean that someone who has been injured should automatically try to get surgery if the other options might work. Instead, they should work with the doctors to make sure they are getting the best possible treatment to heal their back without surgery. If surgery turns out to be the only option, though, you may want to talk with your lawyer about delaying the resolution of your case until the surgery has been done.

There Is No Average Amount

One of the most important things that you need to take away from this article is that even though your settlement could be higher if you’ve had steroid injections for your injury, there’s no average amount for a settlement. All cases, injuries, treatments, and outcomes are different. All settlement offers and juries are different. You can’t just assume that you are going to get a six-figure settlement—or more—because you had steroid injections.

However, the settlement will be higher than if you only needed OTC meds and physical therapy or chiropractic care. Just how much higher? The only way to know for sure is to move forward with your case with a good lawyer on your side. Of course, you have to remember that even the attorneys will not be able to provide you with a dollar amount for your settlement. It will all depend on the circumstances of your case and how it plays out between the parties involved when you negotiate or end up going to trial.

Talk with an Experienced Attorney Today

What should you do if you have been injured because of the negligence of another, and you have been treated using steroid injections? The first step is to get in touch with an attorney as soon as possible. You never want to talk with the other party’s attorney or insurance company. Often, those insurance companies will offer a lowball amount just to take care of the case as quickly as possible. Though it might be tempting, you never want to settle for less than you truly deserve for your injuries.

When you are looking for an attorney to help you, check to see what types of cases they have worked on in the past, along with the outcomes of those cases. You need to have someone who is experienced in cases like yours that include steroid injections. This doesn’t mean that you are going to necessarily get a high settlement, but it does mean they know that the injections could play a role in what you receive.

At Kucher Law Group, we may be able to assist you in filing a claim for your injuries and securing the maximum possible compensation in your case. Our experienced New York personal injury attorneys are here to help. Contact us today to schedule a consultation at (929) 274-8000.

from Kucher Law https://www.rrklawgroup.com/how-much-could-a-steroid-injection-increase-settlement-on-your-herniated-disc-case/

How much compensation could I get in a trip and fall settlement?

New York trip and fall lawsuits can be particularly challenging to litigate, as each situation is different. Your slip and fall lawyer should give you a better idea of your settlement size based on factors like what led up to the accident, the severity of your injury, and where it happened. If you’ve been in an accident contact an experienced trip and fall lawyer at Kucher Law Group today.

Average Compensation for a Trip-and-Fall Accident

Settlements for a slip and fall can vary immensely. The size of your settlement will depend on the severity of your injuries as well as how strong a case you have. Generally speaking, settlements rank somewhere in this range but it does vary greatly for each person’s particular case.

How much can you expect in compensation for a personal injury caused by a trip and fall?

Brooklyn trip and fall lawyer

A fall victim is compensated for losses and damages equal to any monetary loss, plus a portion of the total compensation applicable towards pain and suffering. The level of pain suffered corresponds to injury severity in order to calculate an appropriate percentage. Injuries are graded on a scale based on their severity and this grading determines how much out-of-pocket expenses are reimbursed.

Determining the Settlement Amount for Trip and Fall Claims

Having evidence to establish who is responsible for causing the accident is very important when determining the settlement amount of compensation for slip and fall cases. If you’re unable to show that the other party you’re suing had a duty to prevent your injury, failed to fulfill that duty and that their actions resulted in your injury, your case may not be considered valid. Seeking the assistance of an experienced trip and fall lawyer can be advantageous in gathering evidence for your case. Additionally, other factors that may influence the amount of compensation you are entitled to may also be considered. These factors include:

• Nature and Severity of Your Injuries. The compensation you may receive is dependent on the nature and severity of your injuries. For instance, broken bones, scars, and chronic pain typically result in a higher settlement value than bruising, which is likely to heal completely within a few weeks.
• Medical Care. The level of medical care you received can affect the compensation amount you may receive. Seeking immediate medical attention or requiring an ambulance to the emergency room usually leads to a higher compensation amount. Injuries that require surgery, physical therapy, and specialist care are typically worth more than injuries that mostly heal on their own with time.
• Job and Lifestyle. If the injury significantly affects your quality of life, such as being unable to work or participate in lifelong hobbies, then the “pain and suffering” component of the settlement may be higher.
• Determination of Fault. If the defendant can prove that you were partly responsible for the accident, the overall settlement value may be reduced according to the percentage of liability assigned to you.
• Type of Property. A commercial property that is well-insured can typically afford to pay more than a privately owned property.

Negotiating a settlement in the event of a trip and fall accident.

Trip and fall settlement discussions take place in a variety of ways. The parties may communicate with one another through mail correspondence that outlines their bargaining position and requests an agreement from the other party. These letters are often lengthy, containing statements of facts and laws to help support the writer’s argument. Negotiations can take place at any time,

A trip and fall settlement can be discussed in an informal setting (with the defendant’s lawyer, during court proceedings), or formally through mediation (with a trained mediator to help with resolution options). It is important to prepare for an upcoming mediation session by researching your evidence beforehand.

Do I need to settle my slip and fall claim?

Settling your trip and fall claim depends on a variety of factors, including how much you and the other party can agree on in terms of value for the case. It may be in your best interest to take your case to trial due to various factors such as experience with an attorney or the circumstances that led up to your injury and subsequent claim.

Experienced New York City Trip and Fall Lawyer At Kucher Law Group Are Here to help

Residents in New York City looking to sue for a trip and fall accident can ask for help from a lawyer to strengthen their case with documentation on the day of the incident, establishing contact with other parties involved, negotiating skillfully, advising on how to accept a settlement or go trial, drafting paperwork that will guarantee timely retrieval of judgment.

Your attorney will be with you every step of the way, from asking for evidence and permits to drafting a settlement agreement. If your goal is to win a fair settlement for your trip and fall case, working with an experienced attorney as soon as possible can make sure that nothing falls through the cracks.

At Kucher Law, we can help you get fair compensation that will meet your needs. After talking with us, we can help map out a plan of action so that you know how best to proceed. We invite you to come in for an assessment today; call our team at (929) 274 8000.

from Kucher Law https://www.rrklawgroup.com/how-much-compensation-could-i-get-in-a-trip-and-fall-settlement/

Slip and Fall Settlements: Is Surgery Required?

We’ve all been there before. Maybe it’s a puddle of water that causes it, or perhaps it’s an improperly maintained walking surface or debris that catches your foot as you lift it. Whatever the case, you slip and fall. 

You may sustain an injury severe enough to warrant hospitalization. But maybe your injury was more minor and did not require immediate medical attention. Does that mean it won’t affect your life and ability to earn a living? 

No, even seemingly minor slip-and-fall accidents can have lasting impacts that affect your ability to work and even enjoy personal activities. Do you have any recourse if your slip-and-fall injury was not severe enough to warrant surgery?

Too many people fear that their situation is not severe enough to warrant a settlement in these cases. They may feel that they must “suck it up” or “push through” the pain and limited mobility. 

The truth is that any slip-and-fall injury may be enough to warrant a settlement, even if you don’t require surgery as a result. With the help of a skilled New York City slip and fall lawyer, you may be able to file a claim and negotiate for a settlement or seek other avenues of compensation for your expenses after your injury. If you have been injured in a slip and fall accident caused by another person’s negligence, our attorneys at Kucher Law Group may be able to help. Schedule a consultation now at (929) 274 8000 or fill out our online form.

The Reality of Slip and Fall Accidents in the US

Slip-and-fall accidents account for 30% of all reported injuries in the US annually. According to the National Floor Safety Institute, over 540,000 slip and fall accidents each year require hospitalization, and 20,000 lead to death. They are also the second-most costly type of workers’ compensation claim.

However, tens of thousands of slip-and-fall accidents don’t cause loss of life or catastrophic injury. Yours may leave you with a limp that lasts the rest of your life, or maybe a limited range of mobility in one of your arms. Whatever the case, a slip-and-fall accident can have a lasting, measurable, negative effect on your ability to work and your quality of life and not be severe enough to require surgery. 

Common Injury Types from Slip and Fall Accidents

Every year, over a million people in the United States go to the emergency room because of a slip-and-fall accident. Injuries can range greatly from mild to severe and can affect almost any part of the body. Some of the most common injuries seen from slip-and-fall accidents include the following:

• Shoulder and neck injuries
• Sprains
• Spinal cord injuries
• Hip fractures
• Broken bones
• Soft tissue injuries
• Traumatic brain injuries (TBI)
• Cuts and abrasions

While some of the injuries listed above will certainly require surgery, many will not. However, that does not diminish their impact on your ability to work or your quality of life. For instance, a broken wrist might not need surgery to repair, but it could leave you with lasting pain and limited mobility that force you to find different employment or mean that you cannot take part in meaningful hobbies and other activities in your personal life. 

In short, a lack of surgery does not mean that a slip-and-fall accident does not affect your quality of life. 

A Couple of Examples

To put these injuries in context, let’s look at a couple of examples. 

Anna

Anna was out for a lunch date with her sister and a friend. They were trying a new restaurant that had just opened in town, and everyone was excited about it. On entering the restaurant, Anna’s sister excused herself to go to the restroom, while Anna and her friend located a booth.

On reaching the booth, Anna’s foot slid out from under her. In the dimly lit establishment, she did not see the piece of cucumber covered with oil and vinegar dressing just at the edge of the table. Her mouth collided with the table’s corner, breaking a tooth and cutting her lip, and her knee struck the concrete floor. 

On arriving at the hospital afterward, Anna was found to have suffered a broken tooth, as well as a fractured kneecap. The tooth would require either a cap or a crown. The kneecap would require a splint for several weeks, which would limit Anna’s mobility, as well as physical therapy afterward to help restore the knee’s range of movement.

What the X-ray at the hospital did not show was the strain placed on the ligaments in Anna’s knee. Even after completing her physical therapy and taking several weeks off work, Anna cannot walk without physical discomfort. 

Steve

Steve was on his way home from work but had to stop to pick up food for dinner at the grocery store. Carrying a loaded basket on his arm, he made his way to the freezer section to pick up some frozen vegetables for the casserole he was planning. He didn’t notice the puddle of water on the floor spreading out from the malfunctioning freezer unit. As soon as he stepped in it, his foot slid out from under him, sending Steve to the floor.

Steve landed on his back. In the process, he injured his hip and his spine, and his head hit the concrete floor very hard. Steve was taken by ambulance to the hospital, where a series of X-rays and physical examinations showed that he had bad bruising along his back, a concussion from hitting the floor, and a hairline fracture in his left hip. 

None of these injuries required surgery, but it took weeks of bed rest to heal his fractured hip, and even after several months, he still suffered from back pain related to the fall. He also suffers from memory loss due to the concussion and has lost months of pay from his job. That forced time off work has also put his family behind on their bills and they are now facing foreclosure on their mortgage.

Drawing Conclusions from Our Examples

In both of our examples, people have suffered pain and injury. They have incurred medical bills and been forced to take time off work to recover and complete physical therapy. Both Anna and Steve will face ongoing repercussions of their slip-and-fall accidents that may be with them for the rest of their lives. 

And yet, neither situation required surgery. Both Anna and Steve could qualify for a settlement, even though neither of them was injured badly enough to require surgical intervention. 

How much is such a settlement worth? What factors go into determining the amount of a slip-and-fall settlement?

How Much Money Is Necessary for a Slip-and-Fall Settlement?

Every situation is unique. There is no one-size-fits-all settlement amount simply because many factors affect your quality of life, financial situation, and your ability to work. Three of the most important considerations in any slip-and-fall settlement are the amount you incur in medical bills, the amount of money lost because of time off from work, and the amount of pain and suffering you go through.

At a minimum, your slip-and-fall settlement should cover the medical bills you sustained because of the injury. Note that this includes bills due to initial treatment, like a visit to the ER, but also bills due to ongoing problems stemming from the original injury. That might include things like physical or occupational therapy, pain medications, and more.

In many cases, a slip-and-fall accident also comes with considerable recovery time. Depending on the type of injury and its severity, you could lose weeks, months, or even years on the job and the pay that time would have provided. Those lost wages represent a very real financial impact on your life, and you might find yourself struggling to pay your bills.

Finally, you must also consider pain and suffering. Because this is subjective, rather than objective, it’s difficult to measure. The court will base its decision on observable factors, such as how much your quality of life has changed, how you have had to change your behaviors, whether the injury has affected your employment or employability, and how long your injuries are expected to affect your life.

What Is the Process for Obtaining a Settlement for a Slip-and-Fall Injury?

While all cases are unique, they follow a similar path. 

1. Report Your Injury to the Property Manager

The first thing you should do is report your injury to the property managers or owners. This will establish the case. If you’re able, ask to file a formal report. If you cannot speak because of your injuries or cannot fill out the report at this time, do so after seeking medical attention. If you don’t report your injury/accident, then there is no record of it ever happening. Make sure to request a copy of your report from the business, too. If the police and/or medical personnel were involved, get a copy of their report(s), too.

2. Get Medical Attention

Once the owner or manager has been alerted, you must seek medical attention for your injuries. Follow the advice of any first responders and go to the hospital if directed to do so. If the first responders do not request that you go to a hospital, make sure to visit one within 48 hours of the accident to document your injuries. Don’t assume that because you aren’t in serious pain at the time you have no injuries. It can take some time for symptoms to show up, particularly if a head injury is involved.

3. Obtain a Lawyer

Next, contact a slip-and-fall attorney. An experienced attorney will be able to offer advice and guidance, answer your questions, and help you set reasonable expectations about what comes next. They can also represent you with the insurance company and in a court of law if necessary.

4. Determine the Cause and Gather Witness Reports

What caused your slip-and-fall accident? It could have been almost anything, from standing water on the floor to unseen obstacles, but it’s important to identify and document the cause. Without a cause, it will be very hard to prove your case. 

You also need to speak with witnesses and gather their statements. What did they see? Did they stop to offer aid? Was there anyone with you at the time of the accident? Get the name and contact information of any witnesses. Your attorney should be able to help here.

5. Document and Take Notes

You will need to document everything to support your claim. This includes your account of the accident, photos or videos that support your account, witness statements, and more. Hospital bills, photos of your injuries before and after treatment, and information about any related property damage should all be included. Your attorney will help you understand what to document and how to take notes to support your case.

6. Be Cautious When Dealing with Insurance Representatives

Chances are good that an insurance representative will approach you and possibly offer a settlement amount. Be cautious here. It’s usually wise to refer the representative to your attorney, who can help you determine if the settlement offer is fair. 

7. Negotiations

In most instances, your attorney will advise you to reject an initial settlement offer. Depending on the situation, this settlement may be about a demand letter from your attorney, or it may be prompted by your accident report. In almost all cases, it will be a low offer intended to save the insurer money. Once you reject that initial offer and make a counteroffer, the negotiation process will move forward.

In Conclusion

Ultimately, slip-and-fall injuries can cause immense pain and lasting physical damage. They can completely change your life, even if they do not require surgery. Any slip-and-fall injuries may be eligible for a settlement. 

Even seemingly minor accidents can have lasting impacts on your life. A simple fall that you can walk away from may leave you dealing with chronic pain and limited mobility for months or years afterward. The need for surgical repair does not determine whether your injury warrants a settlement or not. 

If you have been injured in a slip-and-fall accident, you must hire an experienced personal injury attorney to represent you. A skilled lawyer will help you understand the situation and what you can expect, as well as whether to move forward with a personal injury claim.

from Kucher Law https://www.rrklawgroup.com/slip-and-fall-settlements-is-surgery-required/