New York Slip & Fall Lawyers
Located in Rosedale, servicing New York City and the counties of Nassau, Suffolk, and Westchester.
If you’ve been in a slip, trip and fall accident, you’re not alone. More than one million people who’ve slipped and fallen have required emergency medical care for their injuries every year in the United States – more than 2,000 people each day. Treatment for accidents can add up, whether it’s a medical bill or missed days of work. Our caring New York slip and fall attorneys are able to help clients in New York City, as well as anywhere else in the State of New York, to secure the compensation they’re qualified for so they can move on quickly to recovery.
How Do Slips, Trips & Falls Occur?
Slip and fall accidents are common because there are more dangerous and unsafe conditions lying around than you’d think.
Injuries can occur when someone slips or falls because of:
- Broken or cracked public sidewalks
- Rain, ice, or snow conditions
- Narrow stairs
- Wet floors
- Poor lighting
- Poor carpeting
These dangerous conditions could be the responsibility of other negligent parties which is why you need a well experienced New York slip and fall lawyer if you have sustained such an injury.
Another party may be held liable if:
- The owner of the area has produced the dangerous surface
- The owner of the area knows about the dangerous surface but hasn’t done anything to fix it
You may qualify to receive compensation for your accident from these parties if you’ve sustained some kind of injury. Our New York slip and fall lawyers offer a free consultation and will come to you for your personal convenience.
Common Injuries Sustained in Slip & Fall Accidents
Slip and fall accidents may cause minor to serious injuries, and could totally change your way of life. Some common injuries include:
- Minor scratches and abrasions.
- Broken bones.
- Dislocated joints.
- Back and spine injuries.
- Traumatic brain injuries.
- Loss of limbs.
- Hip injuries.
In extreme cases, such accidents may even cause the death of a loved one. If a death has occured as a result of a slip and fall accident, an experienced personal injury lawyer may be able to file a wrongful death case in order to claim compensation and damages for your loss and suffering.
Who Can Be Held Liable for a Slip & Fall Injury?
Property owners generally have a duty of care to ensure that their property is free from hazards and dangers that could cause minor or serious injuries to guests and visitors. Business property owners are required to conduct regular inspections of the property and carry out any required rectification or maintenance work, and private property owners are required to provide adequate warning to guests if there is a slip and fall hazard on their property. Experienced New York slip and fall attorneys can help identify who the liable parties are when making a claim.
Property owners who may be held liable for slip and fall accidents include:
- Private property owners.
- Business property owners.
- Government entities responsible for keeping certain areas of the city clean and safe (such as parks, sidewalks, subways etc).
What Does a Slip & Fall Lawyer Do?
While you may have a legal claim for compensation after a slip and fall, actually collecting these damages can be a struggle without experienced legal help. Insurance companies will likely do everything within their power to delay, limit, or outright deny your claim. A New York slip and fall lawyer, who understands how insurance companies work will be able to guard your interests and maximize your chances of securing the compensation you need.
When you turn to our New York slip and fall attorneys, we will:
- Evaluate your case and offer you the legal advice you need.
- Stand up to insurance companies when they try to unfairly devalue or deny your claim.
- Thoroughly investigate the circumstances surrounding your slip and fall accident to determine why it happened and identify all responsible parties.
- Protect you if the property owner attempts to blame you for your injuries.
- Examine all evidence and build the strongest possible case on your behalf.
- If necessary, take your slip and fall case to trial to secure a favorable resolution.
What determines the value of a slip and fall injury claim?
One of the most important aspects of a slip and fall claim is determining the value of compensation to claim. This can be quite complex, but an experienced New York slip and fall lawyer will be able to accurately value how much your case is worth and how much compensation you are entitled to claim.
The value of compensation which can be claimed in a slip and fall case will depend upon the following factors:
- The severity of the injuries sustained in the accident.
- Whether you will suffer long term physical and mental disabilities as a result of the injuries, and whether these will require long term treatment.
- Value of lost wages and income.
- Whether you are able to return to work, and if not what the financial impact of it is in the long term.
It is very common for insurance companies to try and reduce the amount being paid as compensation for these types of accidents, and as such, certain factors could reduce the amount of compensation you can claim. These include:
- Shared fault: Whether you were at fault for the accident. In such an instance your role in the accident will be determined and the amount of compensation paid will be reduced accordingly.
- Mitigating damages: Accident victims are expected to mitigate the financial loss they incur following an injury. However, if they fail to do this, it may impact upon the amount of compensation that will be paid to them.
- Pre-existing conditions: Many people who have pre-existing conditions assume that they are not entitled to compensation. Although the amount of compensation paid may be reduced for such conditions, it does not mean that you will not be able to get anything at all for the damages and losses you have suffered.
These issues can complicate a personal injury claim which is why you need an experienced law firm by your side, who will fight for your right for justice and ensure that you get the maximum possible compensation for your injuries, suffering and losses. A good lawyer will consult with leading experts in the field in order to determine a fair and accurate value of compensation.
Recovering from an accident can be stressful, but we can put your mind at ease. Call our New York slip and fall attorneys at (718) 276-2800 today. We service New York City & several areas within the state of NY!
Q: How long do I have to file a claim following a slip and fall accident in New York State?
A: The statute of limitations in the State of New York for slip and fall accidents is usually 3 years from the date of the accident. This means that you will need to file a claim before the deadline expires, after which you will not be able to get compensation for your injuries and losses.
However, if your slip and fall case is against a government entity who had been negligent in their duties and caused the accident, then the time required to file a claim is 90 days from the date of the accident. This is why you need to contact a good New York slip and fall attorney as soon as possible following such an accident.
Q: What are my rights following a slip and fall accident?
A: Property owners and those responsible for maintaining certain areas and locations have a duty of care, which states that they must:
- Search for hidden hazards and ensure these are resolved.
- Repair any visible hazards.
- Display clear signage regarding any hazards (such as wet floors etc).
If a property owner has been negligent in these duties and you have suffered an injury in a slip and fall accident on their property, then you will have the right to claim compensation with the help of an experienced New York slip and fall attorney.
Q: What is considered as Comparative Negligence in a New York slip and fall case?
A: In any slip and fall case, the defendant (property owner or other liable party), will argue that you share some of the fault for the accident. If they are successful in proving their argument, then a considerable amount of the compensation due to you will be reduced under the comparative negligence law.
Here are some things that may contribute towards comparative negligence:
- You were distracted and not paying attention while walking.
- You were on a section of the property where visitors and guests are not allowed.
- You were wearing inappropriate footwear or clothing.
- The hazard should have been obvious to you as a visitor on the property.
- Reasonable steps had been taken by the property owner to protect visitors.
An experienced New York slip and fall lawyer will try to minimize your shared fault in the accident in order to get you the justice and compensation you are entitled to.
Q: What if I suffer a slip and fall injury while at work?
A: Slip, trip and fall injuries are a very common occurrence in the workplace, and are even more so in certain specific industries such as construction etc. Such injuries can result in minor to more serious injuries, and on occasion may even lead to death. The first thing you should do, when you suffer an accident such as this, is to seek medical attention right away for your injuries, no matter how minor they may seem.
If you have been injured in a similar accident while at work, your first course of action is to file a worker’s compensation claim. These claims are usually paid through the employer’s insurance policy and are quite straightforward. However the damages that can be recovered from such claims may be limited. If you have suffered a serious injury or the death of a family member in one of these accidents, it is better to consult with a New York slip and fall lawyer immediately and look into the option of filing a personal injury claim for your damages and losses.
Q: How is negligence proved in a slip and fall case?
A: Property owners in New York are required to follow reasonable duty of care to ensure that visitors and guests on their property are not injured. Hence if an accident occurs causing injury, then your New York slip and fall attorney will need to prove negligence on the part of the property owner in order to claim compensation. Your lawyer will have to prove that:
- A hazardous condition on the property caused the accident.
- The property owner knew about the hazard and failed to take the appropriate action to prevent an accident.
- The property owner did not warn you about the hazard.
Q: Can a slip and fall accident be fatal?
A: Yes, it can! If a death occurs as a result of a slip and fall accident in New York, family members of the deceased may be able to file a wrongful death claim together with a personal injury attorney. In such instances, the claim should be filed within 2 years of the death occurring, failing which will mean that you won’t be able to claim compensation for the damages and losses you have suffered due to the death of your family member. The damages paid in a wrongful death claim may include pain and suffering, funeral expenses, as well as loss of income for the family and dependents due to the loss of an income earning family member.
Our experienced attorneys can determine how much you’re owed in compensation for your injuries and hold the people responsible for your slip and fall accident accountable. Our clients know that when they come to us they’ll be cared for, which is why we have an impressive record of return clients and clients who’ve been referred to us by their own family members.
Accidents aren’t something people prepare for in their lives – at Alex Yadgarov & Associates, we’ll work to develop a recovery plan that’s best for you.
The best law firm ever!!!!!
“I would like to thank Alex Yadgarov lawyers for doing a great job with my case. Alex and his team took very good care of me, They made all easier throughout my case and they were always their for me. ...”Bolanle J