A slip and fall accident can leave a victim with debilitating injuries, resulting in significant medical bills, missed time from work, and other losses. When blame for the accident points to someone’s negligent behavior, the victim has the right to seek monetary damages from them. But they will meet resistance from the at-fault party’s attorneys and insurance companies.
How can you level the playing field and seek the compensation you need to recover from your slip and fall? You start with hiring a dedicated law firm that puts your interests first and advocates for you each step of the way. Find out why Nassau and Queens accident victims count on Bornstein & Emanuel, P.C.
Why Do Slips and Falls Happen?
An accident victim has the burden of explaining why and how the slip and fall occurred if they wish to win compensation. Knowing some of the most common reasons why these accidents happen can therefore assist the victim in making their case. Examples of causes include:
- Wet and slick floors: Rain, spilled substances, and greasy floors can cause a person to slip and fall in a restaurant, bar, or other business. Property owners and managers have a legal duty to take reasonable steps to keep their premises free of such hazards.
- Snowy and icy surfaces: Nassau and Queens are no stranger to snow and ice, and these can accumulate on sidewalks, in parking lots, and elsewhere. If the owner fails to clear these areas, accidents can happen.
- Broken stairs: When staircases are broken, it’s easy to slip off of or trip over a stair and fall. The lack of proper railing is a similar problem that can cause injury, and it often points to neglect on the property owner’s part.
- Bad lighting: If a staircase or surface is not adequately illuminated, it’s much more likely that someone is going to slip, trip, or fall. Those who are in control of the property should inspect it periodically to fix broken lights and other issues.
- Rugs, mats, and carpeting: Businesses in Nassau and Queens that use rugs and mats should make sure these don’t get bunched up and present a hazard. The same is true for any sort of loose or improperly installed carpeting.
- Cords and wires: Property owners should always tape down loose cords and wires or remove them from walkways to minimize the risk of tripping. Failure to take this reasonable step is a strong indicator of negligence.
Who May Be Liable For Your Slip and Fall?
Another important step in winning compensation is determining who is liable for the accident. This is not always immediately evident, which is why hiring an experienced personal injury lawyer is essential to making a case for legal negligence. Possible at-fault parties include:
- Property owners: The individual or company that owns the land may be liable if they knew, or should reasonably have known, about the dangerous condition but did nothing about it.
- Property manager: Likewise, if a Nassau or Queens management company is responsible for the property, but neglected to keep the premises safe, they could be at fault.
- Commercial tenants: Depending on the relationship between the commercial tenant and the landlord or property owner, the tenant could ultimately be responsible for a slip and fall.
- Homeowner: If the slip and fall happened in someone’s home or on their land, then the homeowner (and their premises liability insurance company) could be liable for your injuries.
Possible Damages in Your Slip and Fall Case
The seriousness of your injuries, and its effects on your life, will impact the nature and amount of compensation that you can request in a slip and fall lawsuit. Known as damages, this compensation could include:
- Medical bills: Among these are not only bills you have already incurred, but also expenses for medical needs which you will likely have later.
- Lost income: You can include in your damages claim the money that you do not earn due to your recovery time.
- Decreased earning capacity: This category of damages involves lost future income due to not being able to work the same job or at the same productivity level as before.
- Non-economic damages: These include more subjective yet compensable losses such as pain and suffering, emotional distress, and decreased quality of life.
- Property damage: A claim can also cover any personal property that is damaged or destroyed during a slip and fall accident.
How We Serve Nassau and Queens Accident Victims
Suffering a personal injury is no guarantee that the at-fault parties or their lawyers and insurance companies are going to treat you fairly. Without legal representation, they are more likely to either underpay your accident claim or deny it outright. But when you hire us to handle your slip and fall case, we get to work by:
- Investigating the facts surrounding your accident to understand how it happened
- Gathering the evidence needed to prove the at-fault parties’ negligence
- Identifying all parties who are or may be liable for your injuries
- Assisting with your accident claim against the at-fault parties’ insurance companies
- Handling all communications and negotiations with insurers
- Filing a lawsuit on your behalf and serving it on the defendants
- Applying our extensive understanding of New York personal injury law to your case
- Calculating the value of your damages, including by consulting expert witnesses
- Representing you during mediation to try to reach an out-of-court settlement, if possible
- Taking your case to trial if you and the defendants cannot reach a reasonable settlement
Contact Our Nassau and Queens, NY Slip and Fall Attorney
After suffering a slip and fall, you are likely apprehensive and overwhelmed with the prospect of paying medical bills and missing work. Let our team handle the legal aspects of your injury so you can focus on the rest and recovery you need. Call us today or complete our online contact form to schedule your initial consultation.
Frequently Asked Questions About Slip and Fall Accidents
How much time do I have to file a slip and fall accident lawsuit?
You must file a lawsuit within three years of your slip and fall accident to preserve your right to compensation. If you file outside of this deadline, known in Nassau and Queens as the statute of limitations, the court may dismiss your claim. To make the best possible case you should retain legal counsel well ahead of the three-year mark.
What do I have to prove in a slip and fall case?
In general, an accident victim has to prove that there was a hazard on the property in question, that the owner or other responsible party knew or should have known about it, and that they had time to correct or warn about the dangerous condition but did not. Moreover, the victim must show that they were injured as a direct result of the responsible party’s negligence.
What should I do after a slip and fall accident?
You should seek medical care first and foremost to protect your health and your legal rights. Accumulate any evidence you can (especially if the hazard in question is due to quickly changing conditions like snow or ice), ask any witnesses for their names and contact information, and do not communicate with insurance companies without an attorney. Call our office immediately to speak with our legal team.
