Slip and Fall Accidents
Every single day, countless Americans fall down. At first thought, it might seem like a relatively harmless occurrence, and many people do fall without sustaining a serious injury. But it might surprise you to know that slips and falls result in some of the most devastating, and sometimes fatal, injuries.
People slip and fall due to a variety of reasons, sometimes due to their own carelessness. But often times, people fall because of someone else’s negligence. There are many defects that cause people to slip and fall, defects that the landowner, tenant, or property manager will be held liable for as a matter of law. The New York slip and fall lawyers at Kaplan Lawyers PC have the experience necessary to identify these hazards and confirm who is responsible for the condition. Some of these hazards are:
- Snow/Ice on walkway
- Spills and wet floors
- Debris left in a walkway
- Uneven stairs and floors
- Worn steps
- Poor visibility
- Lack of handrails
Often the person that falls is initially embarrassed and blames themselves but, in the eyes of the law, a landowner is responsible to take reasonable steps to keep their property free of slipping hazards and to ensure that there are no building code violations. It is essential that you contact our slip and fall lawyers immediately so that we can investigate your fall before the owner can repair or alter the condition that caused your fall.
Why the Big Apple is Ripe for Slips and Falls
Falls can occur anywhere. They are especially common if someone is unfamiliar with their location, which means that the high numbers of visitors to New York might be at a particular risk for a slip and fall. Visitors to our city are constantly walking to popular tourist destinations like museums, including the Metropolitan Museum of Art, Museum of Modern Art, American Museum of Natural History and the Solomon R. Guggenheim Museum. Just like locals, tourists also frequent sports venues, such Madison Square Garden, Yankees Stadium, Citi Field or the Barclays Center. It can be disorienting to visit a place for the first time and if there is a slick floor or uneven surface, it’s easy to understand why a person might slip and fall on their trip to New York City.
Falling in Transportation Hubs
Tourists, locals or regular commuters to New York might also encounter hazardous walking conditions around subways, trains, airports or buses. Travelers might encounter hazardous conditions at notoriously dangerous stops like the 191st Street at the 1 Line, the Hoyt Schermerhorn on the A/C lines or Chamber Street at the J Line. Crowded, busy environments can lend themselves to slick and dirty floors, loose tiles or broken flooring. Think about how many people hustle through Grand Central Terminal and Pennsylvania Station every day. Or consider how many people fly out of LaGuardia Airport or the John F. Kennedy Airport.
Millions of people travel to and from New York City every single day. Is it any surprise that there will be plenty of conditions that can play host to slip and fall injuries in New York?
What Happens After a Slip and Fall?
Falls can result in major personal injuries, leading to large medical bills and extensive care.
Here are a few examples:
- Broken Bones – A broken bone is one of the most common and serious results of a fall. Falls can cause broken hips, ankles, wrists and arms. 95 percent of broken hips occur because of falls, and around 20 percent of falls leads to injuries like broken bones or head injuries.
- Traumatic Brain Injuries (TBI) – Falls are the leading cause of traumatic brain injuries. Over 80 percent of TBI’s in people over the age of 65 are caused by falls.
- Spinal Cord Injuries (SCI) – One-fourth of all spinal cord injuries are caused by falls. Falls are the leading cause of SCI’s in people over 65.
- Other serious injuries from falls include ligament damage, pinched nerves and pulled or torn muscles.
The injuries that can occur as a result of a fall can range from minor to catastrophic, possibly even causing death. These injuries can become progressively worse with time, so even if your injuries do not initially appear to be significant, it is vital to seek medical attention so your complaints are documented and you can begin the recovery process.
Frequently Asked Questions for Slip and Fall Cases
Do I need an attorney to handle my claim?
No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our New York slip and fall lawyers have decade of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.
Do I have to pay any legal fees if I lose my case?
No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.
How much is my case worth?
If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.
How long will it take to settle my case?
Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.
How will my medical bills get paid?
Your medical bills will be submitted to the insurance company for the land owner under the Med-Pay provision of their policy. If your bills exceed the Med-Pay coverage or if the owner did not purchase med pay coverage, your medical bills will be paid by your private health insurance. If you do not have health insurance your medical bills will be submitted as an item of special damages as part of your claim against the liable party.
What do we have to prove to win the case?
We must prove that the owner either knew of the condition that caused you to fall, should have known of the condition, or created the condition. Typically it requires significant discovery through litigation to learn the truth which is why you should contact the trip and fall attorneys at Kaplan Lawyers PC so that we can help you to prove your case.
Does it help if I have pictures of the location where I fell?
Yes. Very often pictures can prove to be the most significant evidence in proving the case so if you have photographs be careful to safeguard them.
Does it make a difference if someone else fell because of the same condition?
Yes. A prior incident can help to prove that the owner knew of the dangerous condition and failed to correct the problem.
Is it OK that I gave a statement at the time of the incident?
Yes. An incident report can serve as proof that the accident happened where you claim and how you claim it happened. However, we do not recommend giving any statements directly to the insurance company,
TOP 5 MISTAKES MADE AFTER A SLIP AND FALL ACCIDENT
- Failure to file an accident report
- Failure to obtain pictures of the location of your fall
- Refusal of medical attention
- Speaking directly with the Insurance Company
- Not hiring an experienced New York slip and fall attorney who will complete all filings to protect your rights and ensure that you will receive the compensation that you deserve
Contact Our New York Slip and Fall Lawyers
If you have been injured as a result of a fall please call the NYC slip and fall attorneys at Kaplan Lawyers PC so that we can ensure that you receive the medical care that you need and the compensation that you are entitled to. The consultation is free and we do not charge a legal fee unless we win your case.