This calculator estimates what a slip and fall injury claim could be worth under New York law. It applies New York’s pure comparative rule, the three-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.
Because New York uses pure comparative fault, you will see a value even at high fault levels, reduced by your share.
Fault. New York uses pure comparative fault. If a jury finds you 20% at fault, your award drops by 20%, and you can still recover something even if you were mostly to blame. Insurers still argue your share up, because every point of fault comes off the payout.
Deadline. You have three years from the fall to file a lawsuit in New York. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.
Insurance. Slip and fall claims are paid by the property owner’s liability insurance: a homeowner’s policy for a house, or a commercial general liability policy for a store, restaurant or apartment complex. Business policies often carry $1 million or more.
Proof. You must show the owner knew or should have known about the hazard and did not fix it or warn you. Photos of the hazard, the incident report, store video and witness names carry the most weight.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Yes. New York uses pure comparative fault, so you can recover even if you were mostly at fault. Your award is reduced by your percentage.
That the owner knew or should have known about the hazard, did not fix it or warn you, and that the hazard caused your injury. Photos, the incident report, video and witnesses matter most.
three years from the fall. Claims against a government property owner usually need written notice much sooner.
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.