Seeking Compensation After a Slip and Fall Accident
Our Queens, NY slip and fall lawyer has successfully represented many members of the Queens community over the years, and secured substantial compensation for their injury damages. If you were injured through no fault of your own because of a negligent property owner, call us without delay. If the property owner has already offered you a settlement, do not agree to it before consulting with us.
After a brief review of your case, we can tell you if our firm may be able to negotiate a larger settlement than what was offered to you. This is very often the case because insurance companies and store owners often wish to settle the matter before the victim hires a Slip & Fall lawyer in Queens, and presses for more compensation. Contact Polsky, Shouldice & Rosen, P.C. today to schedule a consultation.
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Understanding Slip and Fall Claims
A slip and fall claim is a petition for compensation to offset the victim’s injury-related costs. Some victims opt to file a claim with the liable party’s insurance company on their own but they are vulnerable to being taken advantage of by the carrier. Additionally, the property owner may deny that they are responsible for the accident that injured the victim. Another common scenario is one in which the insurance carrier delays in settling the claim, and draws it out for months or years in the most serious cases.
Their motivation is to avoid paying out claims, and the larger the claim, the more likely they will use this tactic. It’s an approach that our NY Slip & Fall lawyer in Queens sees on a regular basis. If any of these scenarios describes your situation, it’s important to contact us at Polsky, Shouldice & Rosen, P.C. It’s very possible that we can speed up the process of you receiving compensation and even potentially get you far more compensation than you expected.
Understanding Premises Liability Law in New York
Premises Liability Law forms the cornerstone of slip and fall accident claims in New York. It mandates property owners to keep their premises safe to prevent accidents. If you’ve been injured due to conditions like icy walkways, liquid spills, or uneven flooring, the property owner’s compliance with these safety standards is critically examined.
New York’s approach to slip and fall accidents includes the Doctrine of Comparative Negligence, which assesses the victim’s potential contribution to the accident. Compensation can be adjusted based on the victim’s percentage of fault, promoting a fair resolution. Additionally, the Statute of Limitations sets a three-year window from the accident date to initiate a legal claim, highlighting the importance of timely action, especially for incidents on municipal property requiring a Notice of Claim within 90 days.
Proving Negligence and Claiming Compensation
Establishing the property owner’s negligence is pivotal in slip and fall cases. This involves demonstrating their knowledge of the hazard, your resultant injuries, and the incurred damages. Experienced legal representation can be invaluable in efficiently managing these complexities.
Victims of slip and fall accidents may be entitled to various forms of compensation, covering economic damages like medical expenses and lost wages, as well as non-economic damages for pain and suffering. A proficient lawyer can help articulate these damages and advocate for fair compensation.
Understanding and Responding to Claim Denials
Facing a claim denial can be disheartening, but it’s not the end. Whether it’s due to disputed liability, insufficient evidence, or policy exclusions, understanding the reason for denial and consulting with a seasoned slip and fall accident lawyer can provide a path forward.
Common Causes of a Slip and Fall Accident
A slip and fall can occur in nearly anyplace, and for a number of reasons. Some of the accidents are completely unpreventable, but often they are the result of a property owner who fails to take reasonable measures to ensure guests or visitors of the premises are safe. Our slip and fall accident lawyer Queens NY clients turn to have tenaciously defended, and won compensation, for clients who were injured because of the following:
Ice and Snow
Black ice is a common cause of a slip and fall during the winter. Owners and property managers have a duty to clear walkways and parking lots within a reasonable time. If they fail to do so, and a person is injured because of a slip and fall, it may be considered negligence.
Defective Elevators
A fall down an elevator shaft can be catastrophic; often resulting in severe injuries or a fatality. These can be prevented with the right maintenance so that the doors of an elevator do not open without the elevator being present.
Wet or Slippery Floors
When a floor has been mopped, waxed, or cleaned, a warning sign should be left to indicate the potential hazard.
Lack of Guardrails
It is essential for a stairwell or balcony to have secure guardrails of proper height. If these do not exist, and a slip and fall from a considerable height occurs, you should consult a slip and fall lawyer in Queens NY.
Improper Maintenance
Many slip and falls happen because of debris and hazards left on stairways, in hallways, and on outdoor pavement. Cords, boxes, uneven floors or sidewalks, and potholes can all cause a preventable slip and fall.
Common Slip and Fall Injuries
Slip and fall accidents are among the most common but misunderstood causes of personal injury in Queens, NY. Such accidents can lead to a range of injuries, from minor bruises to more severe, life-altering conditions. Understanding your rights and how to proceed after experiencing a slip and fall accident is crucial to ensuring your well-being and securing any compensation you may be entitled to.
- Muscle/Tendon Sprains
A person who slipped and fell may have a muscle or tendon sprain, which usually happens when the ligaments get stretched beyond their capability. The ligament may not tear, but due to being put through stress, it can cause stiffness, pain, swelling, and bruising. The treatment for muscle/tendon sprains may entail rest, ice, compression, and elevation. For those with more severe cases of muscle/tendon sprains, a brace may be needed to immobilize the knee so it can heal properly.
- Knee Bone Fracture
The kneecap is designed to connect the frontal thigh muscles to the shinbone, while also safeguarding the knee joint. Kneecap bone fractures are rarer, but can happen and are extremely painful. Someone with a non-displaced knee bone fracture will not be able to apply weight on it until it heals, which can take upwards up eight weeks. Those who have a displaced knee bone may require surgery and physical therapy to recover. Consider calling a Queens NY slip and fall injury law firm if you are facing this type of recovery.
- ACL Injury
If the knee gets bent backwards in an unnatural way, the anterior cruciate ligament (ACL) can get damaged. During a slip and fall, the knee can get twisted, resulting in a popping sound that is often associated with an ACL injury. This kind of injury is really painful and a person is unlikely to be able to walk on that leg at all. The majority of ACL injuries need surgery and long-term recovery.
- Torn Ligaments
It is possible to tear a ligament in the knee because of a slip and fall. If the knee gets twisted while the foot stays stationary, the meniscus can get torn. Meniscus tears are also very painful, and symptoms can include restricted movement of the knee and intense pain. Depending on the sort of torn ligament sustained, it may heal on its own or require surgery. If someone has to undergo surgery, the procedure usually entails removing the knee cartilage, which means that person may have to manage permanent damage to their knee for the rest of their life. A slip and fall injury law firm Queens, NY can help you get damages for any losses this injury causes you.
Queens Slip and Fall Infographic
Queens Slip and Fall Statistics
According to the National Floor Safety Institute (NFSI), each year, more than one million people seek medical care after a slip and fall accident in the U.S. These accidents are the cause of more than 10 percent of fall-related emergency room visits.
Additionally, according to the Centers for Disease Control and Prevention, over 4.5 million people are injured in slip and fall accidents each year in the U.S. Of these, about 300,000 people are hospitalized, and 35,000 die.
Queens Slip and Fall FAQs
What Are the Most Common Reasons for a Slip and Fall?
Slip and falls are very common and most are because a foreign substance was left on the floor. In addition to sticky or slippery substances, a slip and fall can be the result of holes on the walking surface, defective walkways or stairways, uneven surfaces, and more. Slip and fall accidents can occur anywhere; however, they are most common at restaurants, supermarkets, shopping malls, schools, hotels, sidewalks, and parking lots.
Who Is at Fault for a Slip and Fall Accident?
In general, as a lawyer from a Queens New York slip and fall accident law firm might explain to you, the general rule us that the owner, manager, or operator of the premises has a duty to maintain the property and keep it reasonably safe – or warn individuals of any dangerous conditions.
Who Will Cover My Medical Treatment After a Slip and Fall Accident?
Most homeowners and businesses have general liability policies which contain a provision for how medical payments are to be covered. As long as these are included in a policy, this is how your treatment should be covered. If the limits of the policies are exhausted or not included in the policy, you should ask a Slip and Fall Accident Lawyer Queens NY victims trust to help you.
How Long Do I Have to File a Case?
Every state has its own deadlines to file a slip and fall claim. The average time is two years from the date of the slip and fall. There are circumstances; thus, the statute of limitations could vary. A slip and fall accident law firm In Queens New York clients recommend can help you to understand what deadlines apply to your own case. That said, you should not delay in getting legal advice.
What Should I Do Immediately After a Slip and Fall Accident?
If you experience a slip and fall accident, your immediate actions are crucial. First, assess yourself for any injuries and seek medical attention if needed. It’s vital to report the incident to the property owner or manager and ensure it’s documented. Take photographs of the accident scene and your injuries, if visible. Collect contact information from any witnesses. These steps are essential for your health and can be crucial if you decide to pursue a legal claim.
How Do I Know If I Have a Valid Slip and Fall Claim?
To determine if you have a valid slip and fall claim, consider the circumstances of your accident. A valid claim typically involves proving that the property owner or manager was negligent in maintaining safe conditions. This could include failing to address known hazards like wet floors or uneven surfaces. If their negligence directly led to your accident and resulting injuries, you might have a strong case. Consulting with a personal injury attorney can help clarify the strength of your claim.
What Kind of Compensation Can I Receive for a Slip and Fall Accident?
Compensation in slip and fall cases can vary but generally includes medical expenses, lost wages, and pain and suffering. If the injury results in long-term disability or requires ongoing medical treatment, future medical expenses and lost earning capacity may also be considered. The exact compensation depends on the severity of the injuries and the specifics of each case.
How Long Do I Have to File a Slip and Fall Lawsuit?
The time frame to file a lawsuit, known as the statute of limitations, varies by state. Typically, it ranges from one to four years from the date of the accident. It’s important to be aware of these time limits as failing to file within this period can result in losing the right to sue. Consulting with an attorney soon after your accident is advisable to ensure you meet all legal deadlines.
Can I Still File a Claim If I Was Partially at Fault for the Slip and Fall?
Yes, you can still file a claim even if you were partially at fault. Most states follow a comparative negligence rule, which allows you to recover compensation proportionate to your degree of fault. For example, if you are found to be 30% responsible for the accident, you can still recover 70% of the damages. However, the specific rules can vary by state, so it’s important to seek legal advice to understand how this applies to your case.
Contacting Our Queens Slip and Fall Lawyer Today
If you’ve suffered a slip and fall accident in Queens, NY, securing experienced legal representation is crucial. At Polsky, Shouldice & Rosen, P.C., we understand the intricacies of such cases and are committed to advocating for your rights and the best possible outcome.
Slip and fall accidents can have significant repercussions on your health, finances, and overall quality of life. Understanding your rights and the legal framework is the first step towards recovery and justice. With the right legal support, you can navigate these challenges effectively, ensuring your focus remains on recovery while we handle the legal complexities.
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