Understanding Slip and Fall Settlements in NYC
If you’ve been injured, your first question is likely: What Are Average Slip and Fall Settlements in NYC?
A single patch of ice on a Manhattan sidewalk or a slick floor in a Brooklyn grocery store can change your life in an instant.
At Greenstein & Pittari, LLP, we know you are in a difficult situation. Our goal is to take the pressure off you by fighting for every dollar you deserve so you aren’t “a victim twice.”
While every case is unique, understanding how New York premises liability law works and how insurance companies calculate payouts is the first step toward securing the compensation you deserve.
The Reality of Slip and Fall Settlements in NYC
In New York City, slip and fall settlements typically range from $15,000 to over $100,000 for moderate injuries.
However, for “catastrophic” cases involving traumatic brain injuries (TBI) or spinal fusion surgeries, settlements and verdicts can reach into the millions.
Because NYC has a “pure comparative negligence” rule, your settlement depends heavily on proving that the property owner was at fault.
In NYC, you generally have three years to file a personal injury lawsuit against a private owner, but only 90 days to file a Notice of Claim if you fell on city-owned property.
Factors That Determine Your Settlement Value
To maximize a personal injury claim, an attorney must prove that the property owner had “notice” of the hazard.
This means they either created the danger, knew it existed, or should have known it existed through reasonable inspection.
| Factors Influencing Your NYC Settlement | |
|---|---|
| ✔ | Severity of Injury: Surgical cases (like ACL repairs or hardware in limbs) settle for significantly more than soft-tissue injuries. |
| ✔ | Lost Earning Capacity: If your permanent injury prevents you from returning to your specific trade in NYC, your value increases. |
| ✔ | Liability Strength: HD surveillance footage or a “Notice of Violation” from the city can force an insurer to settle faster. |
| ✔ | Insurance Policy Limits: A fall at a major retail chain often has higher “ceilings” for recovery than a fall at a small residential brownstone. |
Common Injuries in NYC Fall Cases
We see firsthand experience in the Bronx, Manhattan, Brooklyn, and more common injuries drive the highest lawsuits filed:
- Fractured Hips and Pelvis: Common in elderly victims, often requiring long-term nursing care.
- Herniated Discs: Frequently caused by the “whip” motion of a slip, often requiring epidural injections or surgery.
- Traumatic Brain Injuries (TBI): Caused when the head strikes the hard pavement or flooring of a subway station or lobby.
The Settlement Process: What to Expect
Filing a personal injury lawsuit is a marathon, not a sprint. Once you hire a law firm, the process begins with “Discovery.”
This is where we demand maintenance logs and cleaning records.
If the building manager ignored a leak for four hours, that is another’s negligence, and it makes your case significantly stronger.
The Critical Importance of the Limitations Clock
One of the biggest mistakes injured clients make is waiting too long.
In New York, the timeline depends entirely on where you fell.
| Property Type | Deadline to Act |
|---|---|
| Private Property | 3 Years to file a personal injury lawsuit. |
| NYC Government Property | 90 Days to file a Notice of Claim. |
| NY State Property | 90 Days to file a claim or Notice of Intention. |
Why Greenstein & Pittari is the Right Choice
We know you have many choices for a law firm in NYC. We set ourselves apart by putting you first:
- Speak directly to a lawyer: You won’t be passed off to a secretary. You get detailed answers from your attorney.
- We come to you: If you are incapacitated, we will meet you at your residence or the hospital.
- No fees unless we win: We work on a contingency basis, so there are no out-of-pocket costs for you.
NYC Slip and Fall FAQ: Your Legal Questions Answered
Below, we provide straightforward answers to the most common concerns our clients have.
1. What if I fell on a sidewalk in front of a store?
Under NYC Administrative Code § 7-210, most commercial property owners are responsible for the sidewalk in front of their building.
If they fail to clear snow or fix cracks, they are liable for your medical bills.
2. Can I sue if I was looking at my phone when I fell?
Yes. Because New York uses “pure comparative negligence,” you can still recover compensation even if you were partially at fault.
Your award is simply reduced by your percentage of fault.
3. What is “Prior Written Notice”?
To sue the City for a sidewalk defect, you usually must prove the City had written notice of that specific hole or crack at least 15 days before your fall.
4. Should I talk to the insurance adjuster?
Never give a recorded statement without legal assistance.
Adjusters often try to lead you into admitting fault to reduce the value of your personal injury lawsuit.
5. What if my injury happened at work?
A workplace fall can be complex.
You may be entitled to Workers’ Comp, but you might also have a third-party personal injury claim if a separate entity’s negligence caused the hazard.
6. What should I expect when I call your office?
Expect care, respect, and to speak directly with a lawyer.
We provide honest responses and a clear path forward for your auto or personal injury claim.
Conclusion: Empower Your Recovery
The moments following a fall are confusing, but you don’t have to face the legal system alone.
Understanding what you can sue for, from past surgeries to future physical therapy, empowers you to demand a fair recovery.
If another’s negligence has left you in pain, call us today at 1-800-VICTIM2 (842-8462) or contact us online for a free consultation.
Don’t be a victim twice!