Staten Island Slip and Fall Lawyer

What Should I Do After a Slip and Fall Accident?

Get Medical Attention, Stay Calm, and Call a Staten Island Slip and Fall Attorney

If you have fallen, then the most important thing is your safety. A fall can cause all manner of injuries, many of which can worsen if you move the wrong way or even at all. Because of this, it is important to remain still and perform an initial self-evaluation of your injuries. Do you feel pain when you move part of your body? Do you have any abrasions? Most importantly, did you hit your head? If you suffered a head injury, then you should take extra care to determine the extent of any damage.

Immediately seeking medical care will help keep your injuries from getting worse. Doing so will also get your injuries on an official record. Documenting the harm you’ve received is essential to proving your Staten Island slip and fall case. Without an official medical record detailing your injuries, you can’t claim damages.

Also, if you wait to document your injuries a few days after they occur, your case may be weaker. The opposing attorney will argue that your injuries may have had a different cause (something that occurred after the accident) or that you exacerbated your injury somehow. However, they can’t argue this if you get a medical report right after the injury.

Do Your Best to Stay Calm

You may be hurt, and it’s okay to cry, but try to avoid yelling and blaming the first person you see. You also should avoid making comments about your fall that imply it was somehow your fault. Anything you say after a slip and fall accident can be used to disprove your case.

Get Medical Attention

Don’t be afraid to call 911, especially if you feel dizzy or if you’ve hit your head. Soft tissue injuries and strains or sprains won’t show up right away, but EMS workers are trained to diagnose those properly. Similarly, concussions won’t necessarily be obvious at first, but can later become serious head injuries.

Remember, if you don’t see a doctor, the insurance company can claim that you weren’t actually hurt, or were not hurt as badly as you actually were. And if you see a doctor even a day after the accident, the insurance company may also argue that you made your injury worse between the time of the slip and fall and seeking medical attention.

Document Your Condition and the Scene of the Slip and Fall Accident

When a slip and fall accident scene is fresh, there is a lot of valuable evidence that can help you win your case. Because of this, it is important to document the accident as thoroughly as possible as soon as it happens.

Some easy ways to document an accident are:

• Cellphone photos of the cause of the fall
• Store incident report from a manager or supervisor
• Witness statements and their contact information.

If you are hurt, do not do anything that might make your injuries worse. Also, be careful what you say. Anything you say can be used against your slip and fall case.

Contact a Reliable Slip and Fall Lawyer in Staten Island

The quicker you contact our slip and fall attorney in Staten Island, the better chance we’ll have to gather evidence to help solidify your claim for damages and medical care. You can reach our team at (212) 563-1900.

Am I at Fault for a Slip and Fall?

To establish negligence on the part of the New York property owner for public or private property, and therefore substantiate liability for your accident and subsequent injuries, your Staten Island slip and fall lawyer will have to prove three things:

• The property owner caused the dangerous conditions that led to your fall.
• They knew about hazardous conditions and opted not to fix them.
• They should have known about the dangerous conditions because a reasonable person would have noticed and fixed them.

A few other factors determine slip and fall liability. How long the location was potentially dangerous is one. For instance, it can be hard for a property owner to shovel and de-ice walkways and stairs in the middle of a snowstorm.

Other factors include the property owner’s protocol for inspecting the general area and how the hazard could have been fixed or otherwise remedied before the accident.

However, there are a few factors that the other party’s insurance company may claim made you at fault for your spill:

• You wore flimsy footwear or unsupportive shoes.
• You were in a hurry.
• You were distracted, using your phone, or not paying attention.
• You ignored posted signage warning of hazardous conditions.

When these situations apply, you may have a harder time proving your claim.

Our Staten Island Slip and Fall Lawyer Negotiates with Insurance Companies on Your Behalf

When pursuing a slip and fall injury claim, your attorney isn’t usually dealing directly with the property owner, but rather with their insurance company. Insurance companies prefer to deny claims made by plaintiffs or settle for as little as possible.

Often, in clear-cut negligence cases, the insurance company will offer a fast settlement. But many slip and fall accidents require ongoing medical care after the initial diagnosis. All medical bills from your slip and fall injury should be covered under your settlement.

If you settle too fast, your medical care will come out of your own pocket. Our slip and fall lawyer in Staten Island will strengthen your claim to help ensure your settlement is adequate to cover additional treatment.

FAQs About Staten Island Slip and Fall Accidents

Common Questions our Staten Island Slip and Fall Accident Lawyers Hear from Clients

When you’re hurt after taking a fall, you could have a legal claim if your fall was caused by someone’s negligence. You may wonder how a legal case works after a slip and fall accident in Staten Island.

If you suffered severe injuries, you may wonder where to turn, be concerned about medical bills, be worried about lost wages, and wonder how you can get the most compensation possible. Our Staten Island slip and fall accident lawyers are here to answer any questions you may have after a nasty fall. Here are a few we regularly hear.

• What is the statute of limitations for a slip and fall?

  In New York, you have three years from the date of the incident to file a claim.

• Can I still file a slip and fall claim if the statute of limitations has elapsed?

  There are some instances when the statute of limitations is paused due to the circumstances of the case. There is also an instance when the statute of limitations for slip and fall cases is shorter. One of the reasons the statute of limitations may be altered is that the injured person was a minor. In this case, the statute of limitations is tolled until the minor reaches their 18th birthday. A verified condition of mental incapacitation on the part of the injured party may also toll the statute of limitations.

  Conversely, when the government is a defendant in a slip and fall case, the statute of limitations is far shorter: 90 days after the accident to give notice of a claim and one year and 90 days to present the related lawsuit.

  Our seasoned Staten Island slip and fall attorney completely understands the intricacies of statutes of limitations and the exceptions. This makes it essential to present your case to an experienced attorney as soon as possible to preserve your cause of action and increase the chances of a successful lawsuit.

• How much is my Staten Island slip and fall accident settlement worth?

  Each case is different, but the average slip and fall case settles for $10,000 to $50,000.

• How much will a slip and fall lawyer in Staten Island cost?

  Many personal injury lawyers work on a contingency basis, where they’re paid a portion of a winning settlement only.

• How long will it take to settle my slip and fall case?

  Our lawyer will often want you to complete your medical treatment before filing a claim to ensure that they have an accurate dollar amount for your medical fees and compensate you for any time missed at work.

• What happens if I slip and fall at work?

  If you suffer an injury from a slip and fall while working, your claim will be a little different due to worker’s compensation laws.