Slip and Fall Accident Lawyer Queens NY Trusts Discusses Knee Injuries

Slip and Fall Accident Lawyer Queens NY

Becoming injured from a slip and fall accident may mean you need the help of a Queens, New York slip and fall accident lawyer. After a slip and fall incident, a person may suffer from mild to very severe and painful injuries. Which part of the body gets injured depends on how the person fell, and if they hit an object on the way down. Sometimes, during a fall we may tumble directly only our knees, causing injuries that often require medical treatment. There are multiple components to the knee, so it can be difficult to determine exactly which part is damaged. When in doubt, it may be best to get a doctor’s evaluation as soon as possible. Leaving injuries untreated for hours or even days can make matters much worse. In this article below, a Queens, NY slip and fall accident lawyer answers questions about what kind of knee injuries a person may endure after a big, unexpected fall.

What are common signs of a knee injury?

Some symptoms of a knee injury may be felt or seen right away, while others take more time to develop. The most common signs of a knee injury can include:

  • Pain in and around the knee
  • Swelling
  • Difficulty bending knee
  • Heavy bruising
  • Instability of knee
  • Popping or grinding sounds
  • Locking (joint refuses to fully straighten)

What is the most serious kind of knee injury?

The human kneecap (otherwise referred to as the patella) helps protect the knee joint, and connect thigh muscles to the shinbone. While kneecap fractures are rare, when they do happen it is the most serious. The healing process can take a couple of months, in which the person is not permitted to apply any weight to the leg until the bone completely heals.

If displacement of the bone occurred, surgery may also be required. The muscles which connect to the kneecap are robust and may move the bones apart. Post surgery, physical therapy and multiple months of rest may be needed before a person can try to walk on that leg. A person with a knee fracture may also be at an increased likelihood for developing arthritis, muscle weakness, or chronic pain.

What are the common causes of slip and fall injuries?

There are many circumstances that can lead to a slip and fall, whether you were not paying attention to your surroundings or the owner of the building was not keeping it up well. You may have experienced a slip and fall from:

  • Potholes or manholes that should have been fixed. 
  • Spills or leaks that should have been cleaned up. 
  • Cords, wires, or loose ropes that cause you to trip. 
  • Uneven surfaces like flooring, rugs, or pavement. 
  • Ice that should have been taken care of. 

These are all common ways you may have slipped and fallen at work. However it happened, though, the most important thing you can do for yourself and your workers’ compensation claim is to get medical attention as quickly as possible after the accident occurs. We recommend letting someone at work know (your manager or supervisor) what happened and going to a doctor’s office or hospital instead of continuing your day at work.

Why are slip and fall injuries so common?

Slip and fall injuries can happen anywhere, making them one of the leading causes of workplace injuries. It can happen if you are a waiter at a restaurant, a construction worker, or even a stagehand at a theater. Regardless of where you work, slipping and fall can cause you to become severely injured.

How does a tendon or muscle become sprained during a slip and fall?

A tendon or muscle sprain happens when these parts are stretched past their capability. A tendon or muscle sprain is common for those who have fallen. When a ligament is stretched too far, pain, bruising, swelling, and stiffness can result. Treatment usually includes rest, ice, elevation, and compression. For those who have a more severe sprain, may need braces to immobilize the knee as it attempts to heal itself.

What if another person or business is at-fault for my slip and fall?

Many of those who have suffered a slip and fall turn to slip and fall accident lawyer for legal advice. Keep copies of all your expenses related to the knee injury, in case you do decide to sue the party responsible for your fall. The cost for diagnostics, treatments, and long-term care for a knee injury can add up quickly. If you believe another person or company is at fault for your accident, you may want to talk to a slip and fall accident lawyer Queens, NY knows about how to file a lawsuit for financial compensation.

First, the lawyer will want to know exactly how the accident occurred, and the other details of the accident, to help you answer, “Do I have a workers’ comp case?” One of the most common accidents is tripping or falling down stairs, in which case there are many questions to be answered. How did you fall? What kind of shoes were you wearing? Was there an obstacle that contributed to your fall? Were you talking or texting on your phone when you fell?

A fall can happen at any time: you may be hurrying to get somewhere, you may slide on a slippery substance, or a floor might be uneven and you accidentally trip. Whatever the case, slipping (or tripping) and falling is common but it may not always be your fault. Especially if it occurs at work, you may be wondering if you can get workers’ compensation for slipping and falling. Our workers’ compensation attorneys want to help you determine if your injury can be submitted for workers’ compensation successfully. When you have medical bills stacking up and may not be able to go back to work while you heal, it is important that you know you will not go into debt. To see if we can help you with your workers’ compensation claim, please give our office a call.

Slip and Fall Accident Infographic

Slip and Fall accident infographic

What if my claim is not approved? 

Unfortunately, not all claims will be approved. However, this does not mean you do not have a legitimate case for workers’ compensation. When you work with our team, we fight hard to appeal your denied workers’ compensation claim so that you can still be compensated for your injuries. A denial does not mean you are out of options. If your claim has already been denied, give the slip and fall accident lawyer in Queens, New York a call so that we can work with you to right this wrong. 

Have you recently been injured and need a slip and fall accident lawyer? A worker’s compensation lawyer from Polsky, Shouldice & Rosen, P.C. might be a wise choice when pursuing your claim. A slip and fall accident lawyer can help you obtain workers’ compensation for on the job injuries that you need. Any slip and fall job injury can require a worker’s compensation lawyer because it can be hard to determine who is liable for such an incident. As a slip and fall accident lawyer can tell you, it is not always obvious who the defendant will be. This makes it difficult to get very far in your claim because insurance companies will rarely recognize liability with an unnamed person.

This is when having a workers’ compensation lawyer to help you with your workers’ compensation for slip and fall accidents will be a good idea. A Polsky, Shouldice & Rosen, P.C. lawyer can do the work for you by maintaining awareness and communication with both the insurance company and the defendant.

There are many things that must be proven by a worker’s compensation lawyer in a slip and fall accident case. Proving anything is achieved by thoroughly documenting the accident down to every detail. Not only must the liability of the defendant be proven, but every medical bill and loss of wages must also be proven with documentation.

A slip and fall accident lawyer will tell you to never wait to file a claim and seek medical attention, especially if you have a serious injury that will prevent you from working to your full capacity. Immediately after your injury, seek medical help and then contact a lawyer to help you proceed with the case. Proving the liability of the defendant in your slip and fall accident will be the job of your workers’ compensation lawyer.

Are there any factors that can cause your claim to be denied?

Sometimes a claim is denied on false pretenses, but other times there can be valid reasons. For starters, ensuring that you qualify for workers’ compensation is crucial. For example, contractors typically aren’t eligible for workers’ compensation. Other factors might include:

  • A worker failed to follow company policy or protocols
  • A worker was “horseplaying” when the injury occured
  • A worker was under the influence of drugs or alochol

Unfortunately, sometimes a workplace or insurance company may try to argue that a worker violated company rules even when they didn’t. When this happens, you’ll want a lawyer who can represent you and your case.

Contact Our Slip and Fall Accident Lawyer Queens, NY

Questions like these will help your workers’ compensation lawyer determine who is at fault. A slip and fall accident lawyer will determine what the best route to take is in your case. These kinds of claims are often the most difficult to succeed in court. If you have a serious injury that is costing you time and money, hire a Polsky, Shouldice & Rosen, P.C. slip and fall accident lawyer Queens, NY workers trust to help you win your slip and fall accident case.

Do you need a lawyer for minor injuries?

Of course, not all knee and slip and fall injuries are equal. Sometimes you may only suffer a couple of bruises or scrapes, and if you do go to the hospital, it might only be a sprain that heals in less than a month. However, following a slip and fall due to another person’s negligence, you’re always entitled to seek compensation with the help of a Queens, NY slip and fall accident lawyer. Whether or not an injury is worth it to seek compensation from the other party can depend on a few factors:

  • The severity of the injury
  • If you have any medical expenses
  • If the injury forced you to miss work
  • Any other factors like pain and suffering

If the damage and resulting expenses are minimal, it might not be worth having a lawyer.

Do slip and fall cases go to trial? 

Sometimes a workers’ compensation dispute can reach the courtroom. However, when you have a lawyer on your side, the other party becomes more willing to reach a settlement or agree to a workers’ compensation claim.  The reason why most parties don’t like to go to trial is due to two main factors:

  1. Taking a case to trial can take a lot of prep work, translating into lots of time and money
  2. Trials can be unpredictable, while a settlement means both parties are in agreement.

Are slip and fall accident lawyers expensive?

Many times, workers and civilians alike may not want to hire a slip-and-fall accident lawyer simply because they believe that it’s too expensive. However, while it’s possible that some lawyers may charge by the hour or on a retainer, the vast majority work off a contingency fee. What this fee means is that instead of paying a lawyer upfront, they will instead receive a percentage of the final settlement or court award. While this percentage can vary, it generally ranges from 15% to 25%. This may sound like a significant percentage, but it’s important to keep in mind that during this time, you won’t need to pay your lawyer. Additionally, your lawyer will only receive this payment if they win the case.

How to choose the correct lawyer?

There are different factors to consider when choosing a lawyer, including:

  • Experience
  • How many cases a lawyer has won
  • If they specialize in slips and falls
  • If they have represented similar clients
  • How well you’re able to communicate with your lawyer

Queens Slip And Fall Accident Laws

Navigating The Legal Landscape Of Slip And Fall Accidents

The bustling streets of New York, with their unending charm and vibrant pulse, sometimes hold unforeseen perils in the form of slip and fall accidents. The resultant legal pathways, often dauntingly intricate, intertwine with specific laws and statutes, creating a navigational maze that demands expert guidance. Thus, understanding the legal underpinning becomes paramount, not just for victims but for everyone who threads through the expansive cityscape.

Understanding The Premises Liability Law

In New York, the canvas of legalities enveloping slip and fall accidents is chiefly painted by the Premises Liability Law. This legislation mandates that property owners – be they private, commercial, or municipal entities – maintain their premises in a reasonably safe condition. Thus, when an individual encounters an accident resulting from conditions like icy sidewalks, wet floors, or uneven surfaces, the owner’s adherence to this law comes under stringent scrutiny.

The law intricately explores the parameters of ‘notice’ and ‘negligence,’ ensuring that the claim’s strength is invariably tethered to the demonstrable knowledge of the hazardous condition on the part of the property owner and their subsequent negligence in addressing it. Firms well-versed in these laws, like Polsky, Shouldice & Rosen, P.C., often delve deeply into evidence gathering to substantiate these pivotal components, forging a robust foundation for the claim.

The Doctrine Of Comparative Negligence

Moreover, the legal journey of a slip and fall claim is further nuanced by the Doctrine of Comparative Negligence. In New York, this doctrine meticulously evaluates the role of the victim in the accident, dissecting their actions, and assessing if their own negligence contributed to the incident. The resultant compensation is then meticulously calibrated, ensuring it is proportionally reduced by the percentage of fault attributed to the victim, delicately balancing the scales of justice and fairness.

A Closer Look At Statute Of Limitations

An indispensable component in the legal trajectory of a slip and fall claim is the Statute of Limitations. In New York, the clock, once set into motion post-accident, ticks for three years, within which the victim must embark on their legal journey. The nuance here, particularly pertinent when the accident occurs on municipal property, is the Notice of Claim – a procedural requisite that demands filing within a mere 90 days of the incident. Thus, the timeliness becomes a critical facet, not to be overlooked.

Employing The Proficiency Of A Queens Slip And Fall Accident Lawyer

Engaging with a Queens slip and fall accident lawyer often emerges as a vital step, especially considering the multifaceted legal landscape. Their expertise ensures that your journey through the claim process is not only compliant with the myriad of legislations and statutes but is also strategically aligned to optimize your compensatory outcome.

Engaging With The Expertise That Echoes Empathy And Efficiency

As you, or your loved ones, navigate through the aftermath of a slip and fall accident, remember that the path ahead, while potentially laden with legal intricacies, can be traversed with expert guidance. A Queens slip and fall accident lawyer stands ready to guide you through each nuanced step, ensuring your rights are protected, your claim is robustly constructed, and your journey towards justice is as seamless and stress-free as possible.

Should you find yourself embroiled in the complexities of a slip and fall claim, know that assistance, expertise, and staunch advocacy are just a consultation away. Engage with a Queens slip and fall accident lawyer to ensure that every step forward is a stride towards justice, compensation, and peace of mind.

Polsky, Shouldice & Rosen, P.C

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201


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Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909