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New York Trip And Fall Lawyers

Trip and Fall Attorneys in NYC

trip and fall Lawyers New York City

Trip and fall injuries can be unsettling and cause serious injuries that impact your life and job. When this happens to you, you need the help the New York trip and fall lawyers at The Platta Law Firm can provide.

Don’t hesitate to schedule a free, no-obligation case review with our legal team. We will examine your accident, answer your questions and discuss your options moving forward.

Don’t be financially responsible for another’s negligence. Let us help you receive the compensation you deserve.

The Platta Law Firm Trip and Fall Lawyers in New York City

At The Platta Law Firm, we take every injury seriously. We know how an accident can change life in an instant, putting someone at a disadvantage that wasn’t there seconds before. Aside from suffering injuries, one of the biggest worries our clients have is how they will support themselves and their families. Paying for medical care and rehabilitation, both often needed after a trip and fall injury, and being out of work can quickly drain finances.

Our legal team is here to help you recoup these financial losses and will protect your right to do so from start to finish. Negligence has many different faces, but usually, an out-of-place object or an uneven surface is present because a property owner is careless or did not maintain the premises. Their reckless behavior gives you the right to recover monetary damages associated with your injuries. By filing a personal injury lawsuit, you can take the negligent party to task.

Our investigators determine how the accident happened and who/what was responsible for your injuries. Once this is established, our NYC trip and fall attorneys use the data to build a robust case in your favor. Don’t pay for another’s mistake. Call The Platta Law Firm at (212) 514-5100, or reach out to us online.

Who Is Liable for a Trip and Fall Injury?

Responsibility in a trip and fall accident is largely determined by where and how the accident happened. This can be complex, and identifying the accident site and the defect is essential. The following sorts out the forms of  trip and fall liability in New York City:

  • Falling on a Sidewalk Near a Business:If your fall occurred on the sidewalk in close proximity to a commercial business, the property owner would be responsible for the damages you suffer. A commercial property owner is expected to maintain, repair, reconstruct and repave or replace the faulty sidewalk and remove hazardous material. Besides, the business will more than likely have an insurance policy covering the injuries. This requirement does not apply to exclusively residential buildings, which are largely owner-occupied.
  • Falling on the Curb: Tripping over the curb that is next to the sidewalk transfers liability for your injuries to the New York City Department of Transportation. This change brings with it different deadlines to file a claim. A trip and fall attorney in New York will ensure claims are filed appropriately.
  • Cracks Between the Curb and Sidewalk: Both the property owner and the city are responsible in many cases. To make this lawsuit work, your attorney must ensure that coordination is present.
  • Tripping Over a Tree: If you trip over a tree, the NYC Parks Department may be held liable. However, if you trip on the sidewalk near a tree, NYC and the commercial business may be liable.
  • Manhole Covers on the Sidewalk: If the hazard is near the manhole, utility services are held responsible.
  • Subway Vents on the Sidewalk: When there are sidewalk defects near the subway vent, the NYC Transit Authority is responsible.

Changes in City Responsibility

New York City is less likely to be held responsible for a sidewalk trip and fall accident where liability is focused on commercial business owners. In fact, three elements must be satisfied before the city is responsible:

  • The sidewalk defect is not in the proximity of a commercial business but rather a residential structure.
  • The owner of the residential structure lives there.
  • A notice about the defect was previously provided to the city.

When the city is aware of the defect and did nothing to restore it to a safe condition, they must compensate you for damages if you are injured. Having New York trip and fall lawyers at your side is crucial to receive compensation without waiting too long.

Trips and Falls Are Not Limited to the Outdoors

Trips and falls do not always happen outdoors. Many occur within the home, a business establishment or a government office/building. Workers often experience a trip and fall secondary to exposed cables or wires blocking the path. This includes electrical wires or computer cables.

In commercial businesses such as grocery stores or government buildings, displayed or fallen objects can lead to an accident. In residential areas, a misplaced object such as a broom or a cracked sidewalk can also precipitate a trip and fall.

Trip and Fall Accident Injuries

new york trip and fall accidentsSome injuries are commonly linked to a trip and fall accident. Generally, a person who trips will fall forward and frequently land on their knees and hands.

This is unlike a slip and fall accident, where the victim tends to fall backward. However, an object in the path of the trip and fall may lead to brain trauma or other injury.

Many New Yorkers suffer serious injuries secondary to a trip and fall. Twenty-five percent of older individuals frequently develop severe injuries every year due to a fall. However, they are not alone. Roughly 65 percent of lost work days are attributed to trip and fall accidents.

Taken together, the cost of such injuries is more than $31 billion annually. For many, a trip and fall accident leads to permanent disability with associated costs such as home care, assistive devices, house modifications and the inability to work either at the same job or not at all.

A New York trip and fall attorney can help ensure that those affected by this calamity are reimbursed for the cost of their injuries.

Common Types of Trip and Fall Injuries

Death

Trips and falls account for 15 percent of all fatal accidental injuries with approximately 700 deaths annually, according to the Occupational Safety and Health Administration. In 2020, 30,505 individuals over 65 died due to a fall. When this happens, the family may be able to file a wrongful death lawsuit against the negligent party.

Traumatic Head Injuries

Falls are the leading cause of traumatic head injuries. A fall that leads to a head injury causes the brain to ricochet within the skull. This bruises the brain and can lead to serious consequences. The most common TBI is a concussion. According to Mount Sinai, an individual should look out for specific symptoms such as a severe headache, seizure, excessive sleepiness, unequal pupils, vomiting, inability to move or loss of consciousness.

Spinal Cord/Back Injuries

Falls are a leading cause of spinal cord/back injuries. This includes pulled muscles, tendons or ligaments and damage to the vertebral disks that make up the spinal cord. More severe injuries can result in paralysis, which can be incomplete or total.

Musculoskeletal Injuries

This group of trip and fall injuries includes fractures, dislocations, knee injuries, sprains, usually of the wrists and ankles, and strained muscles. For the most part, these injuries heal with treatment and time. However, in an older person, they can be life-threatening.

Lacerations, Bruising and other Wounds

Falling can cause bruising and lacerations to the body and head, including facial and dentition damage. If cosmetic dentistry or surgery is needed, the cost is generally not covered by insurance. A trip and fall attorney in New York can recover the expense by filing a claim against the at-fault party.

What Happens When a Trip and Fall Occurs in a Residential Area?

new york trip and fall accidentsSince commercial businesses can be sued if sidewalk disrepair abutting their building was to blame, what happens if it is a residential address? In some cases, if all elements of eligibility are satisfied, the city may be held liable.

However, this is not always the case. When this happens, a premises liability lawsuit may be

filed. Homeowners are obligated to keep their property in a safe condition and fix any areas of disrepair such as tree roots causing sidewalk elevation. If the homeowner fails to do this, a premises liability lawsuit can be filed. Many times, a homeowners policy will pay the damages.

What if Your Behavior Contributed to a Trip and Fall Accident

The circumstances surrounding trip and fall liability are not always clear-cut. Occasionally, the injured party behaves recklessly, ignoring warnings. When this occurs, there may be some overlap of responsibility. However, just because you may be partly responsible for the accident, you can still be compensated.

This is called comparative negligence, and NYC abides by this rule. For instance, let’s say the injured party ignored signs warning of a potential danger and tripped and fell. This may make them 30 percent responsible for their injuries. However, the property owner or the city may still be 70 percent responsible for the trip and fall. Using comparative negligence, the property owner would pay the injured party 70 percent of the claim. This is the total liability less the injured party’s 30 percent liability.

Compensation After a Trip and Fall

You have the right to receive financial compensation if you were injured due to negligence. In trips and falls, the types of negligence are specific. Many people do not know that they have the right to be financially compensated and assume the financial burden of medical care, lost wages and other losses. However, this is not appropriate, and your NYC trip and fall lawyer will work hard to make sure that you do not suffer the physical and financial consequences of an injury.

The most common forms of compensation are:

Medical Care

As noted earlier, the type and duration of medical care and rehabilitation can be extensive. The cost escalates quickly, and the individual may be unable to pay their bills, mortgage and day-to-day expenses. Medical expenses include the hospital and emergency costs, physician fees, medication, diagnostic tests, including MRIs and CT scans, visits to a physician’s office and rehabilitation, among others.

Lost Wages

After a trip and fall accident, many individuals are unable to work permanently or temporarily. This coverage includes loss of wages, benefits, commissions and other perks of the job. If the worker can no longer perform the same type of work, occupational rehab is also covered. If the worker must take a lower-paying job, the difference in salary is calculated and covered. Finally, if the employee can no longer work, the wages, benefits, perks or commissions they would have received until retirement are compensated.

Pain and Suffering

Accident injury compensation is not limited to a discrete time immediately after the accident. Instead, the continuing physical pain, emotional turmoil and psychological suffering following the acute phase of the accident is recoverable. Examples include anxiety, insomnia, fear of repeating a trip and fall and post-traumatic stress disorder. The damages associated with all of these and others can be compensated.

What Should I Do After a Trip and Fall Accident

After seeking medical care either at the scene or in the hospital, an individual should:

  • Note Your Surroundings: Take pictures of the area where you fell. If it is indoors look for a security camera and take a picture of it. The same goes for businesses with outdoor surveillance cameras. Write down the address or the aisle number in a commercial grocery. The cameras will provide information about how long the defect existed and whether mediation attempts were made in a timely manner. On occasion, your injury may occur between two buildings or on the curb. Again, take pictures of the location.
  • Talk to Witnesses: If bystanders observed the accident, obtain their names and telephone numbers/addresses. If they actively tell you what they saw, record it on your cell phone or take notes.
  • Accident Report: If the accident happened inside a commercial business, get a copy of the internal accident report. If it happens outdoors, ask for a copy of the ambulance or police report.
  • Photos Are Worth 1,000 Words: Take photos of the reason for the accident, any visible injuries and your clothes and shoes. Retain your clothes.
  • Keep Bills: Maintain a folder with all bills associated with the accident.
  • Construction Accidents: If you trip and fall in a construction area, take photos as above and find out the name of the company.
  • Government Buildings: Procure the same evidence as you would for other trip and fall accidents. However, the deadline to file a claim against a government agency differs from that of other personal injuries. Your New York trip and fall lawyers will be able to explain the details. If you go beyond the time limit, your claim will not be able to proceed in court.

What Your Attorney Can Do for You

Our New York trip and fall lawyers do the following:

  • We examine the accident site for evidence of liability.
  • We locate surveillance cameras, determine how the trip and fall occurred and get copies of the accident report to use during negotiations and in court.
  • Our investigators speak to witnesses and bystanders.
  • We obtain property records to get proof of ownership, which can be hidden.
  • Our investigators also check to see if previous claims have been made.
  • We speak to treating physicians to check on our client’s progress and future prognosis.

Trip and Fall Lawyers in New York

The Platta Law Firm works hard to ensure that our clients do not end up paying for an accident they did not cause. We investigate the accident site, talk to medical caregivers and build a robust case against the at-fault party. We do this for our client’s well-being and future sustainability. Call us at (212) 514-5100 to schedule a free, no-obligation case review. Don’t let an unscrupulous insurance company low ball your settlement as they so often do. Once you accept their offer, you will be unable to file a claim for the same accident even if you need surgery. 

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Client Testimonial

During work, I tripped over some construction materials on an MTA staircase. I was very badly injured, so I called the best law firm I knew. The lawyers here know construction law inside and out. I was always received and never had any issues. My financial recovery was tremendous and I can’t thank everyone at the platta law firm enough.

– Wojtek Borek9193

42 Broadway Suite 1927
New York, NY 10004

Tel:  (212) 514-5100
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Disclaimer: The information on this website has been written by The Platta Law Firm, and it is intended for informational purposes only. This website contains details on legal issues, but this does not constitute legal advice.
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Disclaimer: The information on this website has been written by The Platta Law Firm, and it is intended for informational purposes only. This website contains details on legal issues, but this does not constitute legal advice.

© 2022  The Platta Law Firm. All Rights Reserved.

© 2022  The Platta Law Firm.
All Rights Reserved.