Slip and Fall Lawyer NYC
Have you recently experienced significant injuries after a slip and fall in New York? The NYC slip and fall lawyers at The Platta Law Firm won’t let you assume financial responsibility for an accident that was someone else’s fault.
An experienced NYC attorney works hard to determine the cause of your slip and fall, collect evidence, prove your case and assist you in getting the compensation you are due. You will not have to bear the cost of your injuries alone.
Slip and fall accidents are the leading cause of death and injury among Americans over 65 and impact the lives of many others, despite their age. If you have experienced an injury from this type of accident, you may be able to receive a large cash settlement from those at fault.
The Platta Law Firm Is Here for You
Here at The Platta Law Firm, we understand how painful a slip and fall accident can be. We serve all of New York City from Manhattan and Brooklyn to Queens, the Bronx and Staten Island. Regardless of where your slip and fall happened, you should consult with an attorney to learn more about your legal options.
Our slip and fall lawyers in New York have more than 20 years of experience fighting for victims’ rights. We believe when a negligent person or entity causes an injury, you should not have to suffer both financial loss and physical trauma. Whether your injuries were the result of a slip and fall or a car accident, we will work hard to see that you win your case.
Call us today at (212) 514-5100 to schedule a free, no-obligation case review. Our experienced slip and fall attorneys will examine your case, answer your questions and discuss your options moving forward. We work on a contingency basis, so you pay nothing until you receive compensation for your slip and fall injuries. For those individuals out of work due to their trauma, this helps them fight for their rights without paying money they don’t have.
What Should You Do After A Slip And Fall Accident?
Some actions you need to take after a slip and fall injury are:
- Visit a medical professional who will examine and diagnose any injuries you may have. A doctor’s report will serve as proof of your injuries when you file a claim. The physician will also tell you what symptoms to look for in the days and weeks after the accident.
- Report the accident to either the police, a supervisor, store manager, landlord or business owner.
- Document everything by taking pictures to preserve evidence of your accident at the scene. Write down what you were doing before the accident, as well as the time and date of the incident.
- Look for and document surveillance cameras near the accident site.
- Ask witnesses for their contact information.
- Obtain a police or store report of the accident.
- Stay vigilant and stick to the facts when talking to the party at fault, the police or the insurance company. Sometimes, an innocent remark can be misconstrued as an admission of fault.
- Keep away from social media, and speak to your attorney for guidance.
How Often Do Slip And Fall Accidents Happen In New York?
Slip and fall accidents are a common occurrence in New York. This is especially true for people over the age of 55. Even when you are using your best practices to stay safe, a slip and fall incident can be inevitable through no fault of your own. Unfortunately, when one of these accidents occurs, the legal process is not that simple. Obtaining the legal insight of a slip and fall attorney is beneficial.
What Are Common Causes For Slip And Fall Accidents?
Wet and uneven surfaces are by far the most common cause of slip and fall accidents. They cause more than half of all reported cases in New York. Some others are:
- Inclement Weather: Weather cannot be controlled, but commercial, residential and government buildings can take precautions against slip and fall injuries. A party responsible for failing to take precautions will be liable for compensation if an injury occurs.
- Inadequate Job Training: Poor job and OSHA training can lead to slip and fall accidents. Construction workers face the highest risk of injury while dealing with increased hazards.
- Age and Health: Age or physical condition can make some people more vulnerable. The elderly and infirm have a reduced sense of balance, leading to life-threatening injuries.
- Lack of Handrails: Missing or damaged handrails make those relying on these systems more vulnerable.
- Poor Lighting: Buildings with poor lighting and an outside premises with broken lights make it hard to navigate and see what is in front of you.
How NYC Slip and Fall Lawyers Calculate a Settlement
The value of a slip and fall claim is not fixed, and no two cases are alike. Yet, there are several factors that may affect the settlement. Along with the following factors, your attorney’s experience and skills are important.
This category includes all medical expenses associated with the accident such as hospital care, diagnostic tests, physician fees, medication and rehabilitation. Your attorney will also calculate future medical costs such as surgeries, therapies or medications that might be needed after the time of settlement. At-home nursing care, assistive devices and structural changes to the home or vehicle that may be needed are also factored in.
Pain and Suffering
This category depends on the severity and permanence of your slip and fall injuries. It focuses on pain, emotional distress and psychological issues such as anxiety, insomnia, fear and post-traumatic stress disorder. Your NYC slip and fall lawyers will also factor your inability to perform pre-accident tasks and activities in the future.
Wage loss applies to a slip and fall accident that caused you to miss any workplace activities. You are entitled to recover the value of any lost wages caused by the accident. This loss includes not only wages but also commissions, job perks and benefits. Your attorney will calculate all wage losses until retirement if you are permanently unable to work.
Loss of Earning Capacity Value
This category represents lost earnings when you need to take a lower paying job due to your injuries. The difference in pay represents your lost earning capacity.
What Is Comparative Negligence in a Slip and Fall Accident?
Whether you were partially negligent and contributed to the accident will always be a question raised by the defendants. They will try to say that you caused the accident.
Whether partially at fault or not, a judge can determine how much compensation you should receive. For instance, if you ignored signs warning of a slippery surface,
you might be considered partly at fault for the slip and fall. The judge may decide that you were responsible for 20 percent of the cost of your accident injuries.
Alternatively, the court may believe that the defendant (the at-fault party) was 80 percent responsible for the accident. As a result, the final award you will receive is 80 percent.
What Are the Types of Injuries Caused by a Slip and Fall Accident?
Here are a number of common slip and fall accident injuries:
Neck and Back Injuries
This category includes muscle strain and sprain, ligament and tendon injuries and fractures. Such injuries can be painful and take a long time to heal. Chronic pain is common, and in some cases, surgical intervention is required. Rehabilitation is a big part of the recovery process.
Trauma to the spinal cord and the vertebrae are a major component of a slip and fall injury. In many cases, surgical intervention is necessary. If vertebral herniation occurs, the gel-like substance that prevents the vertebrae from rubbing against one another is displaced, This can put pressure on the spinal nerves that exit and supply information to other areas of the body.
In addition, if the spinal cord is damaged, paralysis, either partial or complete, can occur. When this happens, the person may require constant care either at home or in a facility.
Fractured bones can appear in the ankles, legs, wrists, arms and even in the pelvis. A pelvic fracture heals slowly and can require a prosthetic device to be surgically implanted.
Torn ligaments and tendons are common in the feet, legs, back or knees. Many tears can take months to heal and require physical therapy or even surgery in many cases.
Traumatic Brain Injuries
Head trauma can range from a concussion to a hematoma where blood accumulates on the surface of the brain or a fractured skull. Diffuse axonal injury makes it impossible for nerve cells in the brain to communicate with other areas of the body. This inability can result in functional loss that is life-threatening or death.
How Much Time Do I Have to File a Claim?
The deadline NYC slip and fall lawyers have to file a claim is within three years of the time the accident occurred. Nevertheless, there are exceptions that can change the deadline. Your case will not be heard if these deadlines are missed:
- Public Transportation: Public transportation agencies or city entities, such as the New York City MTA, allow for only a 90-day window to report the accident and under a year to file a lawsuit.
- Government Claims: Claims against government agency buildings such as the post office also have a shorter time to file a slip and fall claim.
Important Aspects of a Slip and Fall Claim
- Evidence Gathering: Evidence to support your injury claim can disappear the day of the accident. It is critical to act fast.
- Negotiating: Negotiations between the parties involved can start right away, but the defendant may intentionally draw out the process. Having an attorney who is skilled and aggressive is the key to success.
- Poor Settlement Offers: Accepting a low-ball settlement can have disastrous consequences, especially if medical issues are unresolved. Generally, the injured party will be asked to sign a waiver releasing the defendant from further claims related to the incident.
Who Is Liable for Slip and Fall Accidents in New York?
The common thought is that the property owner is always responsible. In reality, multiple parties may be liable.
Just because the accident occurred on a specific property does not make the owner the only one accountable for your slip and fall injury. There is the possibility of shared responsibility.
Responsible parties may include the following:
- The property management company,
- A tenant renting or subletting the property,
- A contractor working on the property,
- Or other agents and employees of the property owner.
Where Do Slip and Fall Accidents Commonly Occur?
- Restaurants and retail stores are frequently the scene of slip and fall accidents.
- Dimly-lit bars are prime locations for this kind of accident.
- Poor lighting, ice during extreme winters and cracks or uneven pavement are major hazards in parking lots and garages.
- When compared with commercial spaces, private homes tend to have more defects because there are fewer rules and regulations.
- Public areas such as swimming pools, bathrooms, parks, public sidewalks or government buildings always pose a risk for slip and fall accidents.
Who Is Most Likely to Have a Slip and Fall Accident?
- Age-related Risks: Elderly people over 65 are at the highest risk of slip and fall accidents. Those over 55 are the most likely to slip and fall at work.
- Disabilities: Physically disabled people are often at risk of slipping and falling. Depending on the specific disability, injuries are usually more severe for them.
- Medication-Related Injuries: People on some medications may become less alert and find it difficult to navigate their surroundings. Of course, this all depends on the medication, but you are statistically at a higher risk.
- Occupational Risks: Workers in hazardous professions, such as construction or the military, are at the greatest risk of injury.
Call the Platta Law Firm for Help
Are you ready to get in touch with us after a slip and fall injury? We are here for you 24/7 since slips and falls do not happen only from 9:00 to 5:00. Call us at (212) 514-5400, or leave your contact information on our online form.
Don’t suffer traumatic injuries and financial hardship due to another’s negligence. The Platta Law Firm’s slip and fall lawyers in NYC will help ensure that you get the compensation you deserve.