It’s unfortunate when someone is injured because of someone else’s negligence.
At Gregory Spektor & Associates P.C., we have a comprehensive knowledge of the difficulties associated with recovering from the physical, emotional, and financial trauma that accidents bring.
Our New York slip and fall lawyers work hard to help people reach a favorable settlement with their personal injury claims.
If you slip or trip and get injured on another person’s property, that’s a ‘slip and fall accident. These kinds of cases are classified under a category of cases called “premises liability” claims.
Slip and fall accidents are one of the most common non-fatal accidents in emergency rooms. According to the U.S Bureau of Labor and Statistics, falls, slips, and trips account for 27% of the total number of accidents among workers.
These accidents are often caused by dangerous conditions such as frayed carpeting, wet floors, poor lighting, etc. Further, slip and fall accidents may also occur due to ice, rain, snow, and similar hazards outside.
If you sustain an injury in a slip and fall accident and are considering a legal claim, you should consider discussing the details of your accident with a slip and fall attorney at the Spektor Law group today. Please make sure to do this as quickly possible because there are time limits after which a person may no longer file a personal injury lawsuit. If you want to recover compensation from an NYC slip and fall incident, reach out to us for a free consultation today.
It’s important to have legal representation in a slip and fall case. A slip and fall lawyer will give you all the information you need and help you determine what’s best for your case. Here are a few aspects a slip and fall attorney would do to help you receive the compensation.
Slip and fall lawsuits are not the easiest cases to win. There are many complex legal issues involved, and you need to meet certain requirements before you can win one of these cases. Our experienced lawyers do listen to your story and give you realistic feedback on what to expect. A lawyer should provide an estimate of how much compensation you are likely to receive and the length of time the entire process should take. Armed with this information, you will be in a better position to decide whether you want to proceed or retreat.
If you decide to proceed, the lawyer files your case and handles all the paperwork involved from the start to the finish of the case. If there are no legal merits to your case, the slip and fall attorney will advise you against filing a claim to avoid wasting your time.
There are a few legal issues that have to be verified to ensure that your case has merit. For instance, to win a case, your injuries have to be a direct result of the slip and fall accident on the defendant’s property.
You have to prove also that the defendant was the party responsible for your accident.
There are several things to prove in a slip and fall lawsuit. For instance, you must prove that the premises owner in which you tripped and fell knew about the trip hazard before the incident and failed to fix it.
You must also prove that the hazard you tripped is one that any reasonable person will foresee as likely to cause accidents. Issues like these could be very difficult to prove without the help of an experienced slip and fall lawyer.
Plaintiffs in a personal injury case may recover two kinds of compensation: Economic and non-economic damages.
Economic damages are the direct costs acquired due to the incident. These could be in the form of lost wages at work, hospital bills, etc. Non-economic damages, on the other hand, describe intangible losses such as suffering and pain sustained from the injury.
While economic damages are easier to prove, it’s never easy to prove pain and suffering. Our lawyers will document your medical records extensively; you may also need to show the future prognosis of your injury and testimony from expert witnesses.
Only an expert lawyer would help you put these together to build a winning case.
Statutes of limitations govern many offenses, a set time within which one can file legal proceedings for an offense. One needs to file before the deadline or else they cannot file at all. Statute of Limitations could differ among states. Our lawyers would help to ensure you file before the statute of limitations on your case expires.
You will also be informed if the issue you intend to file for has already extended beyond the specified time limits.
You stand a better chance of winning more compensation when a slip and fall lawyer is represented than when you represent yourself. This is because it takes a thorough knowledge of this area of law to win anything at all. A lawyer helps you jump the numerous legal hurdles that prevail in these kinds of cases.
It is the responsibility of property owners to maintain their premises so that it is reasonably safe for visitors. When they neglect to do this, it could sometimes be grounds for liability. One could suffer debilitating consequences from chronic pain caused by injuries sustained from slipping and falling.
If anyone else is responsible for a slip and fall accident, it is only fair that they are made to pay for it. Ways in which property owners often neglect their property and some common causes of slip and fall accidents include the following.
Objects left lying around carelessly on the floor are often a trip hazard. These include all sorts of objects, for instance, wires, ropes, cords, loose carpeting, cracked sidewalks, and potholes. A refusal to follow the correct safety practices at work could also cause trip hazards. It is the responsibility of a property owner to ensure safe practices around their premises. Failure to do this could lead to people getting injured and seeking compensation.
If you have suffered an injury from tripping within the premises of another person, you are well within your rights to seek compensation for pain, suffering, and economic losses incurred.
Water and other liquid substances on the floor could lead to wet and slippery floors that are hazardous to passers-by. Wet and slippery floors could also result from a leaking roof, a rain-slicked entrance, a recently mopped floor, etc.
Accidents caused by wet floors could be deadly. When a property owner notices a wet floor, they should put a wet floor caution sign around the area while they get the problem fixed. If you suffer an injury due to water or other forms of liquid on the floor, you should consider contacting a slip and fall lawyer to find out what kind of damages you can get for your pain.
No matter where you live, stairs, handrails, and escalators are usually an important part of daily life. You find them almost everywhere you go, from shopping complexes to parking garages, hotels, and apartment complexes. When these are not maintained properly, they cause avoidable accidents. For instance, a handrail that is not properly fixed can cause a person to fall off the side of a staircase or lose their balance and take a tumble down the stairs. Taking a fall on stairs could cause lacerations, broken bones, paralysis, brain injuries, or even death. In the unfortunate event that this happens, the property owner on which the accident occurred should be held liable.
Poor lighting makes people more vulnerable to falling on different kinds of surfaces. Even if a surface is not dangerous in bright lighting, it may be dangerous in poorly-lit situations. Property owners are supposed to ensure that areas around the premises are properly lit in the dark. This includes areas around the garages, sidewalks, walkways, and stairwells. If an accident occurs due to their failure to do this, they should be held liable.
Several kinds of traumatic injuries can happen as a result of slip and fall accidents. Many victims of slip and fall accidents live decades with chronic pain developed due to their injuries.
As a result of such pain and injuries, many people cannot spend quality time with their families, go to work and earn a living, or even generally enjoy life how they are accustomed to. These are all losses that deserve financial compensation under the law.
Some of the common injuries resulting from these kinds of accidents include:
Some groups of people are more susceptible to broken bones than others. For instance, the elderly are more likely to suffer fractures from a slip and fall accident. However, there’s still a chance that anyone from any age group could suffer a fracture or broken bone from a fall.
Many kinds of injuries resulting from falls have long recovery periods. For instance, fractured hips would not only cause you a lot of pain but time at the hospital and money as well. Other examples of broken bone injuries include broken arms, legs, shoulders, ribs, collarbone, etc.
Falls can sometimes result in spinal cord injuries; these include slipped & herniated discs, fractured vertebrae, pinched nerves, and several other excruciating and incapacitating injuries. These kinds of injuries can cause severe pains, reduced mobility, and even partial paralysis.
Spinal cord damage sustained in a fall can cause neck injuries. This type of injury can also be a result of damaged neck muscles, tendons, and ligaments.
Concussions are a mild form of traumatic brain injury. One could get a concussion if one hit their head on the ground during a slip and fall incident. The symptoms of concussions include nausea, headaches, dizziness, tinnitus, confusion, and even loss of consciousness.
One can sustain traumatic brain injuries after a slip and fall accident. These types of injuries include Diffuse axonal injury (DAI), coup-contrecoup injuries, linear skull fractures, epidural, subdural or intracerebral hematoma, subarachnoid or intraventricular hemorrhage, and depressed skull fractures.
Falling during a slip and fall accident could cause you to have severe cuts when you fall on dangerous objects like sharp metal or glass shards. These injuries typically require that your skin gets stitched; they also require a lot of time to heal. One can also suffer severe muscle or nerve damage and damage to skin tissue. If you suffer this type of injury, a slip and fall lawyer could help you claim damages for all losses accrued.
Falling from slipping or tripping can cause several other types of tears and broken bones. One could sustain broken bones in the wrists, shoulders, and elbows. One could also sustain injuries in the soft tissues and nerves. Facial injuries are also not uncommon during falls, including jaw fractures, broken teeth, eye injuries, and nose fractures. Treatments for these types of injuries depend on the amount of damage done and could be anything from ice compressions, rest, elevation to rehabilitation therapy, or even surgery.
Sadly, there is no standard settlement amount for a slip and fall claim. This is because not all accidents are the same, and a couple of factors would determine how much compensation you will get.
To get a clearer picture, you may have to talk to our slip and fall lawyers. You will have to give them specific details relating to your slip and fall accident and the facts about the type of injury you sustained. They will use these details to determine a probable verdict range and give you a personalized analysis of your situation.
Some factors that could influence the amount you get awarded in compensation include the following:
Economic Losses– If you have accumulated huge medical bills and lost wages because you were out of work for a while, you are likely to be awarded a higher compensation amount.
Non-economic losses – Non-economic losses can be in the form of temporary or permanent disfigurement, pain and suffering, and loss of companionships. These are the types of losses that cannot easily be expressed in monetary value.
Unusual Kinds of injuries – Special injuries could earn you higher value compensation.
Fault – If your accident is the defendant’s fault, you will likely get a higher compensation amount. However, if you were partly to blame for your fall, that may reduce the recoverable amount.
Witness Testimony – If one can tell the story of the slip and fall accident as truthfully as possible or find eyewitnesses who come across as truthful, it could increase the settlement amount.
Our slip and fall attorneys will go through creating demand packages, documenting the claim, everything from bills, proof of lost wages, medical records, etc. With this, you can begin the negotiation process leading to a settlement.
According to New York Civil Practice Laws & Rules § 214, New York has a 3-year statute of limitations for filing a civil claim for this type of accident. This means one can file this claim anytime within three years from the date the incident occurred.
Quick action is the key to getting the most out of your slip and fall injury claim. Things you should do after you have been in such an accident include:
Take pictures of the scene if possible and take note of the witnesses in case you will need their testimony in court in the future.
See a doctor as soon as possible to get your injuries assessed and keep your medical records.
Keep records of all medical costs, doctors’ visits, missed days at work, and other activities affected by your injury.
Most importantly, you should speak to one of our slip and fall lawyers.
• Wet and slippery floors that are either newly mopped or awaiting cleanup with no warning signs in sight.
• Floors cluttered with merchandise, equipment, or trash that may cause people to trip and injure themselves.
• Failure to remove snow and ice accumulated on sidewalks, steps, parking lots, stairs, and other walkways may cause people to slip, resulting in injury.
• Damaged carpets and mats, floor tiles and boards, and stair treads or handrails have been neglected, thereby contributing to a person’s fall or accident.
• Poorly lighted spaces make it difficult for people to recognize changes in the surface they walk on. Abrupt changes in lighting are said to cause temporary vision loss, which can also cause accidents.
• Uneven walkways or gaps between sidewalk segments that may cause people to trip or fall.
• Open potholes, trenches, and ditches that are left uncovered, unfenced, and unmarked with safety warnings.
• Grocery stores, malls, shopping centers, and restaurants where foot traffic is high.
• Theaters, arenas, and stadiums where large public performances are regularly held.
• Parks and playgrounds where children and adults spend their leisure time.
• Retirement homes where the fragile elderly are cared for. We should also note that the elderly are vulnerable to serious slip and fall accidents wherever they are.
• Workplaces such as construction sites, manufacturing plants, and offices.
• Residential property owners.
If you or a loved one is a victim of any of these unfortunate slip and fall accidents, consult with a personal injury lawyer from Gregory Spektor & Associates P.C.
We are sympathetic and can facilitate in providing the best legal strategy in these matters.
At Gregory Spektor and Associates, we advocate for the justice you deserve.
If you live in the neighborhoods of Queens and Nassau County, we can help.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422
Phone: +1 718-528-5272
Email Us at: firstname.lastname@example.org