In premises liability cases, obviously our clients are concerned about what the amount of settlement is going to be.
They’ve been through a lot. They’ve had life-changing injuries. They didn’t ask for this to happen. Everything about their life has changed. They’ve needed medical attention. They have pain and suffering and changes in their lifestyle. So, it’s of course a genuine concern as to what the value of a case is.
A few different factors really play a part. First and foremost, before we even address the damages, is the liability portion of a case. Who is responsible?
We have law here in New York that speaks to notice. Notice of that defect, notice of that dangerous condition. So first, we have to establish: Was there notice of that defect? Was there notice of a dangerous condition? Sometimes there just isn’t, and that’s unfortunate. The laws do protect municipalities.
If there is no notice, if there is no response to a request for notice, if there is no way to prove that a property owner or a municipality had knowledge of a dangerous condition, a case can be extraordinarily difficult and, in some cases, may not be something that could be managed.
So, we have to establish, first of all, who was at fault and who had notice. The strength of that notice and the strength of that liability will help and play a factor in the value of a case.
Second, and just as important, of course, are the damages and the amount of treatment. Was there a fracture as opposed to a sprain or a strain? Were there a few visits to a chiropractor compared to surgery? Was there casting?
Everybody is different. Everybody reacts differently to injury. Everybody has a different life and day-to-day routine. So, what impact did an injury and an accident have on someone’s day-to-day life?
Was a client able to return to work after a few weeks? Was a client out of work for six months? What kind of daily habits have changed?
Sometimes clients can’t do the day-to-day basics: grocery shopping, cooking, or cleaning. Have they had to get help from others in their family who never did that type of thing? Have they had to hire help to do their day-to-day duties and maintain their home?
These are all factors that weigh into what the value of a case is. Is there a need for future medical treatment? Is there a need for future surgery? Has a surgery been successful? Surgery does not always cure or take away all of the pain.
So, those are just some of the factors that weigh into what the actual dollar amount or value is of a particular case.