Nearly everyone has slipped or tripped and fallen, we see kids do it daily and bounce back. Thats not to say that kids don’t get injured but generally it’s adults that’s are more at risk when they slip and fall. We always hear the saying that ‘father time waits for no man/woman’ and people sometimes reserve that for the elderly but generally from age 30 onwards, our bodies start what’s known as the degeneration process, our bones get stiffer, muscles get sorer and doing what you once did in your teens and twenties isn’t as easy. That rings through even more when you slip and fall and hit the hard ground or floor. Sometimes it’s only minor cuts and bruises and we get up and walk away but unfortunately on other occasions, a fall is more than just a moment of embarrassment and a serious injury can happen. Think about it, your brain is a muscle protected by your skull which is bone, when your head comes in contact with the ground, a brain injury can occur. Similarly, our spines are made of bones and discs and when we injure our spines, we generally injure the discs which are made of soft tissue and those injuries can be debilitating.
Sadly, it is not uncommon for property owners, tenants and management companies to simply neglect and ignore visitor safety concerns by failing to conduct regular inspections, repair dangerous situations, or at the very least post appropriate warnings. As a result of this carelessness, guests may suffer dangerous injuries when they slip and fall or trip and fall.
If you were hurt in a slip and fall incident, you may be entitled to compensation as a result of the neglect and carelessness of the property owner, management company, or government entity responsible. The slip and fall injury attorneys of the Law Offices of Darren T. Moore in Brooklyn know how to seek full and equitable compensation for injury victims, or as we like to call it “MOOREJUSTICE” and we may be able to help you.
What You Should Do After a Slip and Fall Accident to Protect Your Claim
Our Brooklyn slip and fall accident lawyers will advise you to do the following to safeguard your rights and any potential action you may bring to enable you obtain MOOREJUSTICE:
- Get medical attention immediately. Whether at an urgent care of ER, seek medical attention. An examination by a physician will establish that you sustained injuries related to a slip and fall.
- Report your fall right away. If able, request and complete an accident report form or otherwise notify the owner and/or occupants of the property.
- Write down the name and contact details of any witnesses to your accident.
- If able, photograph the accident scene and your injuries. If someone is with you, have them take photographs of the location and what caused you to fall.
- Create a file to keep records of your expenses. Keep records of all costs incurred as a result of your fall, including hospital bills and out of pocket expenses.
- Don’t throw away anything you were wearing when you fell. You shouldn’t clean the clothes you were wearing when you fell. Just keep them locked away at home as they may be needed during your case.
- Do not provide the insurance company with a statement. You should decline to give a recorded statement or sign any paperwork not filled out by you until you consult with a lawyer.
- Refrain from posting any pictures of your accident or your injuries on social media and refrain from referring to your slip and fall on any site. It’s best to exercise caution on social media until your case is resolved as the insurance carrier may try to exploit anything you post against you. This doesn’t just apply to you but also applies to any friends, family members or loved ones who post about the accident.
Accidents happen but don’t happen to you everyday so doing whats right or doing what you should do in the situation can be mind boggling. Your most crucial action will be to contact a slip and fall attorney. Our firm’s slip-and-fall accident lawyers in Brooklyn will offer you a free consultation. We can discuss what happened, your concerns, and your legal options in further detail during our meeting.
What Circumstances Result in Slip and Fall Injury Claims in Brooklyn?
Around one million patients visit the emergency room every year after slipping and falling. If you were injured because you stumbled or fell due to someone else’s carelessness, you are not alone.
A Brooklyn slip-and-fall accident attorney may be able to assist you in filing a claim and gathering the necessary evidence to substantiate your case against the negligent parties involved. Some common scenarios that lead to slip and fall accident and trip and fall accident claims are:
- Wet floors
- Icy sidewalks
- Leaking HVAC units
- Leaking ceilings
- Poor lighting and Poorly maintained common areas
- Misleveled sidewalk flags
- Defective and slippery stairs
- Lack of caution tape and warning signs surrounding a hole created by construction
- Failure to properly warn of potential dangers
- Neglecting to change burned-out bulbs in stairwells
- Neglecting to remove or repair trip hazards
- Failure to properly warn of potential dangers
- Inadequately securing stair railings to the wall
- Putting off fixing a leaking pipe or cleaning up a spill
Could I File a Lawsuit Even Though There Was a Sign Warning of a Wet Floor?
When there is a wet floor sign and someone slips and falls, the property owner is not automatically exempt from liability. In some situations, you can still file a lawsuit if you slipped, fell, and suffered injuries. This ia the perfect example of why you need to consult an experienced slip and fall attorney.
The property owner may still be held responsible for any damages that result from a lack of proper sign placement. Although a notice warning of slippery floors or other hazardous conditions at building entrances and exits may decrease the building owner’s culpability and liability, it does not always remove it. There are a number of questions that still need to be answered, where in relation to the condition was it located? How many of them were present? Could the injured person see the sign as they approached the condition? Was there enough of a warning? Was the sign enough to warn people approaching the area?
You need strong evidence to create a case after a slip and fall, and things like documentation, accident reports, witnesses, video footage and photographs can make all the difference. Immediately seeking help from a slip and fall accident lawyer in Brooklyn or a trip and fall accident lawyer in Brooklyn is crucial because the business’s insurance provider will actively work to diminish or eliminate its liability. Remember, when an accident is reported at a big building, one person could be coming to your aid and his/her co-worker could be on the phone to the insurance company for instructions as to what to do to limit their liability.
If I Get Hurt on Someone Else’s Property, Is the Property Owner Always Responsible?
There is a widespread misunderstanding that anyone who sustains an injury on private property can file a lawsuit against the owner. It can be true but it’s not always the case and again is another reason to contact an experienced slip and fall accident attorney to find out if you have a potential claim. You may be entitled to bring a claim if it is demonstrated that the property owner or landlord did not take reasonable precautions to safeguard the people on their property. The owner, landlord, tenant or management company for a property is required to make reasonable efforts to ensure that the property is in a reasonably safe condition and is reasonably safe for all visitors or tenants.
As soon as it becomes apparent that a risk or dangerous condition exists, actions must be taken to remove or repair the condition or at the very least inform people that they need to stay away from or exercise caution in that area. When someone gets hurt on someone else’s property because there weren’t adequate safety measures or warnings in place, a premises accident liability case may be only legal remedy. There are three main requirements a Brooklyn slip and fall accident lawyer will look for in a premise liability or property liability case:
- You were legally allowed on the property, by that I mean you were a shopper at a store, visiting a friend in their apartment building, walking on a sidewalk or entering an office building to visit a business.
- A slip-and-fall or trip-and-fall hazard existed on the property, and the owners or management either knew about it or should have known about it or caused and created the condition.
- Your injuries were caused by that unsafe condition(s).
After an injury, you may have legal standing if certain conditions are met. If you’ve been injured in a slip and fall in Brooklyn, you can consult with a personal injury lawyer about the merits of your potential case.
Slip and Fall Accident Facts
Statistics on injuries sustained due to slips and falls include cases that occurred in a wide range of settings, and the figures are somewhat startling. The numbers provide a picture of how many people are affected by these types of tragedies every year, from employees to customers to visitors.
These accidents are common and often serious. Having a slip-and-fall accident attorney in Brooklyn who specializes in injuries caused by falls by your side can help you get the fair and just compensation that you need and are entitled to, in order for you to recover from your injuries.
Facts about slip and fall accidents include:
- Nearly a million people are treated for injuries sustained in slips and falls each year at emergency rooms around the country.
- Falls account for the majority of accidental injuries
- Slips and falls are the primary cause of workplace injuries and consequent workers’ comp claims.
- In 2015, falls caused the deaths of almost 15,000 people over the age of 65.
What Injuries Are Associated with Slip and Fall Claims?
When discussing injuries, the term “slip and fall” and “trip and fall” merely describes the manner in which they occurred, not the nature of the harm. Each of them involve a person falling and not falling intentionally. In addition to the embarrassment that might come from tripping and falling or slipping and falling, a slip/trip and fall can result in serious physical harm. The most typical injuries sustained by trips, slips, and falls are as follows:
- Injuries to the face
- Chipped or broken teeth
- Concussions or TBI (traumatic brain injury)
- Injuries to the arms, hands
- Broken wrists
- Injuries to the back or neck
- Herniated discs
- Bones fractured
- Head injuries
- Broken hip
- Knee injuries
Spinal cord or traumatic brain injuries are a very common consequence of falls that can have a disastrous impact on a person’s quality of life. Some of these injuries can not only cause quite a disruption to your work and daily living routines but can change you or a loved one as a person and devastate lives.
If you were hurt on or in front of someone else’s premises and believe it was because of their negligence, a lawyer in Brooklyn who specializes in slip and fall cases can help you file a claim against the owner of the property and any other responsible parties.
What Is the Standard Settlement for a Slip and Fall?
Slip and fall accident settlements can vary and depend on a number of facts, how dangerous the condition was, how long the owners knew about, what steps they took to repair, what injuries you or a loved one sustained and the residual effect of those injuries on you, your family and those closest to you.
The value of your case will be evaluated by the economic and non-economic losses you suffered. If your injuries are significant, you can usually expect a higher settlement amount. The Law Offices of Darren T. Moore P.C., has won millions of dollars for personal injury victims after devastating injuries caused by slip and fall accidents in Brooklyn. Our highlighted results provide just an example of the numerous successful personal injury results our firm has obtained, including the following:
- $6,500,000.00 for a construction worker who fell from a ladder.
- $3,500,000.00 for a man who slipped and fell on snow and ice
- $675,000.00 recovered after a woman slipped and fell on snow and ice in front of an apartment building
- $1,800,000.00 recovered after a construction worker fell off his ladder
- $600,000.00 for a construction worker who stepped on a nail and sustained a foot injury
By agreeing to an early settlement with an insurance company where you have not being represented by an experienced accident attorney, you often give up any further legal recourse you might have against the at-fault party. Working with a slip-and-fall attorney in Brooklyn can help to ensure that you don’t accept a settlement that is too small to cover your damages, pain, suffering and future medical expenses.
How Can a Lawyer Obtain Full and Fair Compensation for My Claim’s Settlement Amount?
The exact losses that are the result of your accident can be thoroughly calculated by a personal injury lawyer with experience in slip and fall lawsuits in Brooklyn but only after obtaining all the information that a good and experienced accident attorney needs to make that calculation. Making sure you don’t settle for less than you deserve requires having an understanding of how much your claim is worth, what your claim entails and what the New York law is that applies to your case.
Once liability is established, who is at fault and what that entails, your claim is then made up of (i) Economic Damages and (ii) Non-Economic Damages. Economic damages are easily quantifiable, for example by adding up hospital expenses, medication receipts, out of pocket expenses, cost of medical care both past and future, loss of income and future loss of income we can calculate economic damages. Non-economic damages can’t be quantified so easily, non-economic refer to the pain and suffering you have sustained, the effect of your daily life, what your injury has done to you and how its effected you, not only what your injury has taken from you but what it has left you with. An experienced Brooklyn slip and fall lawyer will compile all of the information referenced above and more in order to validate the value of a claim. Our attorneys can collaborate with experts in several fields, such as medical practitioners, life care planners and finance professionals such as economists and vocation rehabilitation professionals to guarantee that all estimations are accurate. Damages awarded in a New York slip and fall case may comprise of:
- Treatment costs associated with your injuries including Past and Future medical care, PT, medication, injections, surgery and home health aides.
- Financial losses from time missed from work and the potential for future losses due to injuries sustained in a slip and fall including loss of future earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Consortium loss – also known as a loss of services and generally applies to the spouse of an injured person
An insurance adjuster’s settlement offer may seem attractive at first, but it’s usually too low to be worthwhile. Employees of the insurance company have a strong incentive to reduce compensation claims in order to protect the business’ bottom line. More often than not, their motto is to resolve it early and resolve it lightly. Your slip and fall accident attorney will take into account every aspect of your life while determining the full extent of the accident’s effects and the majority of those aspects may not be evident until 6, 12, 18+ months after your accident.
Contact a Brooklyn Slip and Fall Accident Law Firm Today
Businesses, homeowners, and others in charge of public spaces in New York are all held to a certain standard of safety for visitors under the state’s premise liability law. If the property owner does not take precautions to ensure the safety of their public space, people could be injured. It is important that you contact our Brooklyn slip-and-fall lawyers without delay if you or a loved one has been injured as a result of another person’s or some entities’ carelessness.
We have amassed a wealth of experience that makes us well-equipped to take on any case, no matter how complex. Do not let the insurance company or property owner intimidate you into thinking you have no case. Let the Law Offices of Darren T. Moore fight on your behalf for MOOREJUSTICE.