How Your Slip and Fall Accident Lawyer Decides Between Settlement and Personal Injury Lawsuit

Compensable Injuries in a Slip and Fall Case Under New York State Law

According to New York State Law, slip and fall injuries can be compensated through insurance settlements or lawsuits. Your personal injury attorney will decide this depending on the severity of the injury, liability, and damages.

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Injuries That Can Be Compensated Through a Settlement

Many slip and fall cases are settled outside of court through insurance claims. Although rare, a settlement can easily be reached when the case is straightforward, and the property owner's negligence is clear.

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Common Injuries Covered in Settlements

Soft Tissue Injuries – Sprains, strains, torn ligaments, and bruises.

Minor Fractures – Hairline fractures that heal without long-term complications.

Cuts & Lacerations – Injuries requiring stitches but without lasting scars.

Mild Concussions – If symptoms are temporary and do not cause permanent damage.

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How a Personal Injury Lawyer Processes Settlements to Receive Maximum Benefits

Collects medical records, accident reports, and evidence.

Negotiates with insurance companies to maximize payouts.

Make sure your settlement covers future medical expenses (if needed).

Prevents lowball offers from insurance companies.

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Injuries That May Require a Lawsuit

A lawsuit may be necessary for a slip and fall accident when injuries are severe, result in long-term disability. An accident case can also lead to a lawsuit if the insurance company refuses a fair settlement.

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Severe Injuries That Often Lead to Lawsuits

Traumatic Brain Injuries (TBI) – Serious head injuries, cognitive impairment, permanent brain damage.

Spinal Cord Injuries – Paralysis, chronic pain, or herniated discs.

Severe Bone Fractures – Multiple fractures requiring surgery or leading to disability.

Permanent Disability – Loss of mobility, vision, or long-term complications.

Scarring & Disfigurement – Severe burns, facial injuries, or loss of limbs.

Fatal Injuries (Wrongful Death Claims) – If the victim dies due to a slip and fall.

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How a Professional Accident Lawyer Prepares for a Personal Injury Lawsuit

Files a personal injury lawsuit within the 3-year statute of limitations.

Brings in medical experts and safety specialists to prove negligence.

Calculates damages for pain & suffering, lost wages, and medical costs.

Prepares for trial and fights for a higher compensation amount.

How an Experienced Slip and Fall Accident Lawyer Makes the Claims Process More Efficient

A licensed and experienced personal injury lawyer can help streamline your accident claims process by doing the following –

Investigating & Collecting Evidence – Use legal clearance to acquire surveillance footage, accident reports, and expert opinions to strengthen your case.

Handling Insurance Negotiations – Continually works to make sure you aren’t pressured into unfair settlements.

Take Caution to Avoid Legal Pitfalls – Your slip and fall attorney will file claims before deadlines and prevent you from making statements that hurt your case.

Help Maximize Compensation – Your lawyer will consult the relevant experts to accurately value medical costs, lost wages, emotional distress, and future damages.

Provide Support Filing a Lawsuit (If Needed) – If negotiations fail, your attorney will push the case to trial for a higher payout.

What You Need to Know

For slip and fall accident claims, and other personal injury claims, minor to moderate injuries can often be settled out of court through insurance claims. However, in cases of severe, permanent, or fatal injuries your slip and fall accident attorney may move your claim to a personal injury lawsuit to secure maximum compensation.

A skilled personal injury lawyer is here to guarantee that you, the victim, gets full and fair compensation efficiently.

Talk to a licensed slip and fall accidents lawyer in NYC by calling (212) 497-2421 (available 24/7). Or, email suren@gabriellegal.com. You can also set up a free consultation with a personal injury lawyer here.