A slip and fall can happen when you least expect it. The injuries sustained from such a fall can range from broken bones to severe head trauma and even death. If you have suffered injuries due to hazardous conditions, you need an experienced New York slip and fall lawyer to guide you through this challenging period.
At Omni Injury and Accident Law, P.C., our experienced team is dedicated to helping you through this challenging time and obtaining the compensation you deserve. Our lawyers take a compassionate approach that will address both your physical needs and emotional well-being.
How Can A New York Slip and Fall Attorney Help You?
Having an experienced lawyer dramatically increases the chance of receiving just compensation. A lawyer can guide you through many stages of the legal process and ensure you are awarded the compensation you are owed. At Omni Injury & Accident Law, P.C., our New York Slip and Fall Lawyers will be with you every step of the way. Here are some areas where they can help:
- Initial Consultation and Evaluation: At your FREE consultation, an experienced attorney will analyze the circumstances of the accident. The lawyer will then outline your legal options.
- Investigation and Establishing Liability: You must prove the cause of the accident and establish liability to win compensation. Our team will investigate the root cause of the slip-and-fall incident and identify those at fault, helping you navigate any liability issues so you can focus on your recovery.
- Dealing with Insurance Companies: After a slip and fall accident, you may have to contact the defendant’s insurance company. These companies’ goal is to minimize their liability, so having a representative on your side is essential to ensure you receive the compensation you are entitled to. Our New York City Personal injury lawyer have experience dealing with these companies and will advocate for your rights.
Common Causes of Slip and Fall Accidents in New York
Slip and Fall accidents can happen to anyone, regardless of age. Additionally, an accident can occur in both unfamiliar and familiar places. There are several common reasons for these accidents, including:
- Wet Floors: Many accidents are caused by wet surfaces. This can result from spills, leaks, or mopped floors, creating hazards in homes, businesses, and public areas.
- Cluttered Walkways: If items block walkways, people must maneuver over or around them, increasing the risk of falling.
- Uneven Surfaces: Many parking lots are often littered with potholes, and sidewalks may contain cracks. These defects frequently pose tripping hazards.
- Poor Lighting: Dimly-lit areas obscure uneven surfaces and hide obstacles. Inadequately lit stairwells can also raise the chances of accidents.
- Weather: Rain, snow, and ice can make both indoor and outdoor spaces treacherous. For example, ice patches on sidewalks and wet entryways from tracked-in water pose significant slipping hazards.
- Poor Maintenance: Broken tiles, loose carpeting, and uneven floorboards are just a few slipping hazards that can arise from poor maintenance.
- Lack of Handrails: Missing or loose handrails on staircases and guardrails on platforms are a problem. They significantly increase the likelihood of accidents, particularly for individuals with balance or mobility issues.
Common Slip and Fall Accident Injuries in New York
After a traumatic event, your health and recovery are the most important things. Many injuries can occur after a slip-and-fall. Some common injuries include:
- Fractured Bones: Broken bones frequently occur after a fall when significant pressure or force is applied. Elderly victims and those with osteoporosis are especially prone to these injuries.
- Dislocations: A dislocation occurs when the ends of two bones separate at a joint, causing the bones to be misaligned. Shoulders, hips, and elbows are frequently dislocated during falls.
- Back Injury: A back injury from a slip and fall can be anything from a minor muscle strain to a herniated disc. These injuries can drastically impact a victim’s quality of life.
- Knee Damage: Falls can lead to various injuries, including torn ligaments, a torn meniscus, or a kneecap fracture. Many victims are unable to walk due to these injuries.
- Head Injuries: Another frequent consequence of slip-and-falls is head injuries, which may include skull fractures, concussions, or traumatic brain injuries.
- Neck Injuries: When you fall backward or forward, you can injure your neck. Symptoms of neck injuries rarely appear immediately. Instead, they can appear even several weeks later.
- Nerve Damage: Nerves in the hands, arms, shoulders, neck, and lower back can be damaged during a fall. This damage can result in tingling, numbness, weakness, and pain.
What Should I Do After a Slip and Fall Accident in NYC?
After you suffer a fall, you should immediately seek medical attention. Not only will you get the treatment you need, but you will have documentation of your accident. You should then report your accident to management or the property owner where you fell, if possible, and additionally, if you can take photos of the cause of your accident. You should also take pictures of any injuries you have suffered.
You should contact an experienced slip-and-fall lawyer in New York as soon as possible. Remember, the other side’s goal is to pay you as little as possible, so they may twist your words if you speak to them without a New York slip and fall attorney. A knowledgeable lawyer will handle negotiations with the other side and obtain the best settlement for you.
How To Determine Liability In A Slip And Fall Injury in New York?
Slip and fall cases depend on proving liability. To hold the defendant responsible you need the following elements:
- The defendant owned, occupied, or controlled the property where the fall occurred,
- The defendant was negligent in maintaining the property OR That the defendant failed to warn you of a known danger.
- The defendant’s negligence caused your fall and injuries and
- You suffered actual losses as a result of the fall.
You need to provide evidence for each element, such as photographs, surveillance footage, witness statements, or incident reports.
What Damages Can I Recover After A Slip and Fall Injury in New York City?
Damages are essential; there is no case if there are no damages. There are two types of damages: compensatory and punitive.
- Compensatory Damages: These are the most commonly awarded damages, and they aim to put the victim in the position they would have been in had the accident never happened.
- Economic Damages: These damages are meant to compensate for quantifiable losses. Medical bills, lost wages, and property damage are examples of economic damages.
- Non-economic Damages: Non-economic damages are not quantifiable, like compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: The purpose of punitive damages is to punish the offending party’s conduct. Courts are much less likely to award these damages. The party’s conduct must be wanton or malicious; it must border on criminal conduct and show a conscious indifference and utter disregard for the effect of their actions on others.
New York is a comparative negligence state. If you are partially responsible for the accident, you can still receive compensation. Instead, your compensation is reduced based on your percentage of fault.
Statute Of Limitations For New York Slip And Fall Lawsuits
A statute of limitations is a law that controls the time you have to file a lawsuit in court. In slip and fall claims, you must file your lawsuit within three years from the date you fell to sue.
However, if you slip on government property 90 days after your accident, New York law requires that you file a “notice of claim” within 90 days of the accident. The notice is a document telling a municipality that you have been involved in an accident on their property that resulted in injury. After you submit the notice, the city has 30 days to request a hearing to investigate your claim.
Contact our New York Slip and Fall Lawyers Today For a Free Consultation
If you have suffered injuries due to a slip and fall, you need a compassionate advocate fighting for you. At Omni Injury & Accident Law, P.C., our New York Slip and Fall Lawyers will help you by offering experienced legal help. We understand that you are going through an emotionally traumatic time for you, and want to help. Contact us at 646-503-0404 for your FREE consultation TODAY!
