NEW YORK CITY SLIP & FALL LAWYERS

 

Slip & Fall lawsuits in New York City

What is Slip and Fall Law? A slip and fall are an accidental falling and/or slipping (often, but not always, with contact). This can happen on any public or private property but often occurs on a publicly owned structure. Usually, the property owner(s) will get sued, and their insurance carrier will be held responsible. If you fall and are injured, you may be able to recover damages for pain and suffering, lost wages, future loss of income, and other results of your injury.

In the past, most cases involving slip-and-fall accidents occurred in the county courts, but it is increasing more frequently that cases are being filed in state or federal court. A slip and fall lawsuit is brought on behalf of an individual who has been injured, either by someone else or his or her carelessness. A plaintiff must prove “the plaintiff’s negligence,” which is usually defined as a duty owed to a third party. The duty owed could be: failing to keep a certain thing or facility clean; failing to supply certain materials or supplies required by a state or federal law; failing to supply the necessary personal injury protection; , and the like.

Usually, personal injury lawsuits in New York City, or anywhere else in the USA, need to be brought within a certain period after the slip or fall accident occurred. There are exceptions to this general rule, depending on the circumstances of each particular case. For example, if you have fallen and gotten injured on public land, such as at a park, the city or town has a different requirement than if you had slipped and fallen off a private property owned by someone else. So, it’s important that you discuss this with your insurance company or attorney when filing suit.

Slip and fall lawsuit values often depend on two factors. The first of these is what area of New York a person was injured in. In New York City, for instance, a plaintiff must generally prove the negligent behavior or failure to protect against a danger.

If the harm resulted from that conduct or failure, then a plaintiff would have a harder time proving damages. Therefore, if you were working at a factory in New York City and you tripped over unsafe machinery, you might be able to sue the manufacturer. But, if you fell at a bus station on Rodeo Drive, chances are slim that you will be able to collect any damages from the bus company or the city.

Another factor that can make a difference in settlement value is the time between the accident and the filing of a lawsuit. If you live in New York City, it is likely that you have three years to file your lawsuit after which the statute of limitations begins to run.

This means that you can only be compensated for by for for the maximum amount possible up to three years following the incident. If you live outside New York City, then you would say that you may have only three years to pursue your lawsuit. Good slip and fall lawyers in New York City, on the other hand, may be able to get you some additional damages.

The third factor is the type of injury that was sustained. While slip and fall cases can be brought about by simple slip-and-fall injuries, there are also cases when people are injured due to falling objects, unstable surfaces, and other dangerous conditions. If you have any doubts regarding the type of injury that you sustained, then you need to consult an experienced personal injury or law firm in New York City so that they can give you expert advice on how to proceed.

Aside from the monetary compensation that you can seek for a slip and fall claim, you may also receive indemnification from all medical bills that you will incur during the rehabilitation process. This would include all hospital expenses, rehabilitation, surgery, lost wages, pain, and suffering, and more. This means that a successful slip and fall claim can also lead to financial reimbursement of medical bills that would have otherwise been out of reach.

Therefore, it is important that you speak to an experienced personal injury or law firm in New York City when you feel that you are a victim of this type of accident because their expertise will help you receive fair compensation for the medical bills that you have incurred as well as the other associated losses that you have suffered.

Slip and falls are all too common in New York City, and that is why there is no denying the fact that they are indeed serious accidents that should not be taken lightly. When you have sustained such injuries, it is very important that you immediately consult with a qualified and experienced personal injury lawyer in New York City so that you can properly understand your rights and the legal avenues available to you in pursuing a claim against the person who caused the accident.

A proper understanding of the underlying facts as well as the legal remedies available to you can go a long way in helping you get compensation for the injuries that you have sustained. Slip and fall lawsuits deal with cases that deal with injuries that are sustained either due to a natural disaster or as a result of another person’s negligence.

There are several types of slip-and-fall cases, including residential, property, landlord tenant, injury at work or on the premises, and medical malpractice. Therefore, the attorney that you will work with must be knowledgeable about the type of case that you are filing so that they can effectively pursue your claim.

 

slip and fall accident lawyers nyc

 

Choosing the right Slip & Fall lawyers in New York City

Slip and falls are not an isolated incident. In fact, for every injury there is a victim, there is also a lawyer. If a slip and fall only resulted in a few bruises and some embarrassment, you are one of few lucky ones. However, it would surprise you to know how often slip and falls lead to some of the more devastating and even fatal, injuries. This article will explore the benefits of consulting with Slip and Fall Lawyers in New York City if you or someone you love becomes injured from a slip and fall.

The statistics demonstrate that New York City is one of the most dangerous places to be on any given day. Every year, thousands of people are seriously injured in New York City due to a variety of hazardous conditions. Most of these unfortunate victims have been unable to pursue their recovery due to the complexity of treating injuries sustained from hazardous conditions.

Slip and Fall injuries can be quite costly. Your medical bills can soon exceed your monthly salary, leaving you with no money to cover them. In addition, lost wages mean that you may be unable to pay other necessary bills such as food, gas, or housing. It’s a good idea to contact Slip and Fall lawyers to discuss your case today. The following is a discussion between a Slip and Fall attorney, representing a client, and a client representing herself:

Q: I slipped on a broken stair tread in New York City last year. I sustained a serious ankle injury, and now I cannot work for my family. What can I do for compensation? A: Slip and fall lawyers can help you determine whether you have a case. Whether the property owner was negligent or not will depend on various factors such as whether the staircase was broken, and if so, how extensive was the damage.

Q: I recently suffered an injury on a busy day in my office. I immediately called my boss, but he told me to go home. He said that walkways are supposed to be level and that he would pay for my treatment since it was on his job site. Can Slip and Fall lawyers reduce my compensation if this is the case?

A: Qualified Slip and Fall lawyers can reduce your compensation if he or she can prove that the property owner was negligent when it comes to the condition of his or her walkways. Whether or not the stairs were level will depend on various factors including the amount of traffic on the property, how many employees walk there every day, how frequently employees cross the treads, and the design of the walkways.

Q: I am receiving disability benefits due to a slip and fall accident in New York. Now, I have received notice from the Workers’ Compensation Board that I will receive only forty percent of my potential gross income. Can this happen? I am asking because I am not receiving any medical bills and am only receiving unemployment benefits.

A: First, if you are receiving Workers’ Comp, then you most likely will not receive any money for your medical bills. However, this could be changed if your case is assigned by the New York State Workers’ Compensation Commission.

These determinations are based on many factors including the severity of your injuries, the frequency of your injuries, the location of your work site, the hazard present at your workplace, and the number of employees who were affected by the hazardous conditions. If you have received a Workers’ Comp award but are now receiving a New York State SRS under thousands of dollars less than you should, then you may be entitled to file a claim for both lost wages and for benefits for future care.

Q: My employer was negligent and my job was near hazardous property. I suffered a traumatic brain injury, neck pain, back problems, whiplash, memory loss, emotional stress, headaches, car accidents, and much more. I think this is one of the worst Slip and Fall cases I have ever seen. How do I receive compensation?

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SAMPLE VERDICTS AND SETTLEMENTS

  • $5,500,000 settlement during trial for parochial school students who were exposed to teacher with Tuberculosis
  • $4,000,000 settlement for construction worker who sustained bilateral ankle fractures requiring open reduction and internal fixation
  • $3,825,000 settlement for wife and children of September 11 World Trade Center victim whose remains were never recovered (pro bono representation)
  • $3,800,000 settlement in medical malpractice action for brain-damaged baby with cerebral palsy and seizures resulting from oxygen deprivation to and water on the brain at birth
  • $3,500,000 settlement for three sisters who were sexually abused by another foster child in the foster home after being placed in foster care by the city of New York
  • $2,400,000 settlement after trial and appeal for union electrician who sustained partial amputations to fingers on both hands when 800 pound spool of cable broke free while being lowered down stairs with make-shift rope pulley — expanded the coverage of Section 240(1) of the Labor Law to include “force of gravity on objects” in addition to falling worker/falling object cases
  • $2,225,000 settlement for pedestrian struck by motor vehicle resulting in 26-day coma, skull fracture, traumatic brain injury, numerous fractures and impaired cognitive and perceptive functions
  • $1,800,000 settlement for construction worker who fell from scaffold and fractured forearm and wrist requiring 3 surgeries and internal fixations
  • $1,700,000 settlement for construction worker who fell off ladder and required spinal surgery with internal fixation that failed
  • $1,450,000 settlement for construction worker who fell through unprotected skylight on roof sustaining arm and leg fractures
  • $1,240,000 settlement for 18- year old as the result of medical malpractice in failing to diagnose cancer
  • $1,000,000 settlement for construction worker who fell down debris-filled staircase at construction site with no handrail resulting in neck surgery, back and hip injuries
  • $1,000,000 settlement for passenger in motor vehicle that was rear-ended resulting in spinal surgery with fusion and internal fixation
  • $950,000 settlement for passenger on interstate bus involved in a collision resulting in traumatic brain injury
  • $875,000 settlement for children of mother who died as a result of failure to diagnose and treat Crohn’s Disease 
  • $745,000 settlement for motorcyclist struck by NYPD vehicle resulting in hip and ankle fractures, both of which required open reduction and internal fixation 
  • $700,000 settlement for pedestrian who slipped and fell on sidewalk that was not properly shoveled/treated after ice and snow storm resulting in severely comminuted and displaced right arm fracture requiring open reduction and internal fixation and additional surgeries 
  • $500,000 settlement for tenant of apartment building who tripped and fell while descending stairs that had just been mopped resulting in fractured left shoulder and multiple surgeries
  • $500,000 settlement for home healthcare worker who tripped and fell due to mis-leveled elevator resulting in closed head injury, impaired cognitive functions, neck, shoulder and back injuries 
  • $390,000 settlement for passenger in Police Department van that ran red light and struck another vehicle resulting in injuries to neck, back and shoulder 
  • $350,000 settlement for motorist who sustained injuries to neck, back and shoulder when tree fell on his vehicle 
  • $275,000 settlement for pedestrian who tripped and fell on raised sidewalk flag resulting in tri-malleolar fracture of ankle requiring open reduction and internal fixation 
  • $260,000 settlement for pedestrian who was thrown to the ground by unrestrained dog and sustained fracture to hip which required surgical pinning and fracture to spine 
  • $250,000 settlement for commuter who tripped and fell on defective step on staircase in Penn Station resulting in multiple shoulder tears requiring surgical intervention and fractured rib 
  • $240,000 settlement for pedestrian crossing street who was struck in crosswalk by turning bus resulting in crush injuries and fractures to her hand 
  • $225,000 settlement for bystander who was assaulted by police officers and detained without being arrested who sustained injuries to his face, hand and legs