Millions Recovered for Slip And Fall Accident
$0.675MillionWoman who slipped and fell on snow and ice.
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Slip and fall accidents result in injuries that frequently have a cascading effect because the majority of people are unprepared for the fall, let alone the pain, suffering and accident related expenses that go with it. The accident may result in injuries that interrupt your life, cause serious and debilitating pain and create large medical expenses, time off of work, loss of income and potentially spiraling debt.
It’s hard enough to have to deal with the pain and suffering that comes with an injury, the inconvenience of having to go to maybe multiple doctors and attend weekly physical therapy sessions, the spiraling expenses, mounting debt and worries shouldn’t be laid solely on your shoulders. Don’t let the stress and strain along with the financial difficulties brought on by your injuries from a slip and fall accident be a source of long-term hardship to you.
The Law Offices of Darren T. Moore P.C., know that the pain, suffering and financial difficulties of an accident can be a heavy burden. When we agree to handle your case, you won’t be required to pay anything out of pocket, our fee is contingent based meaning, you only pay us if your case is successful. In addition, if required we can work to find you medical doctors who will treat you for your injuries and be mindful of the physical and financial situation you find yourself in. Being in an accident is not what anyone wants and it brings its own problems and headaches but with an experienced Nassau County or Suffolk County slip and fall attorney, you can be sure that they will ease the burden and help navigate your way through those testing times.
The Goal Of Insurance Companies Is to Minimize Your Claim
It’s never an easy and straightforward process to resolve slip and fall insurance claims when the injury is severe. You break a nail and they offer to compensate you that’s fine but if you have sustained an injury to your head, neck, back, shoulders, knees for example any offer a few weeks after your accident is likely peanuts and it’s very dangerous for you to accept if you don’t have a clear picture on your injury and what it means for you. You may get a call from a ‘concerned ‘ insurance adjuster telling you that they’re there for you, we’ve all heard the slogans, that they’re ‘on your side,’ ‘like a good neighbor,’or ‘you’re in good hands’ and want to resolve your claim in a timely manner and put money in your pocket but what that generally means is they want to shut the claim down as early as possible for the smallest amount possible and minimize their liability. A claim closed at an early stage for an insurance company is a home run and there is no question about that.
If the insurance carrier can’t get you on board that way, they may take alternative approaches. Insurance carriers commonly use strategic methods to reduce their liability and ultimately reduce the extent of your claim. Some of these strategies could be:
- Demand that you provide a written or recorded statement without an attorney
- Frustrate your property damage claim in order to get the information they want on your injury claim
- Search all databases available to them to see what claims you have ever made in the past
- Attempt to prove that your injuries pre-existed your slip-and-fall accident or that there is some other reason for them.
- The insurance adjuster may make the claim that you exaggerated the harm you suffered or that they caused you less damage and injury than you claim.
- They may pay one or even a team of people to surveil you, discretely follow you around and unbeknownst to you record you doing things that they will later use against you to show that you’re not as injured as you say or you’re life isn’t as affected as you claim, for example, doing the groceries, gardening, moving furniture, socializing and whatever else they can get their hands on.
- The business can try to prove that your injuries were your own fault because of reckless behavior or that you chose to enter a restricted area.
- Hire experts to defend and attempt to dismiss your case, engineers, doctors, and accident reconstruction experts for example
- Surveil your social media page and those of your friends, family and co-workers
The insurance company or defense attorney have teams of people or outside companies that they hire to search your social media pages and those of your friends, family and co-workers. Depending on what they unearth, they can use your own social media or other techniques in an attempt to use your actions and words against you.
A Long Island slip and fall attorney is well aware of all of these tactics and can advise and protect you from the tactics of the insurance company and their defense attorneys.
How to Protect Your Claim After Slipping and Falling
If you or a loved one are the victims of a slip and fall accident, in order to protect your rights, our Long Island slip and fall injury attorneys will suggest that you take the following actions:
- If you are able, as soon as you fall, report your accident.
- Fill out an accident report form or find another way to let the owner, management company or occupants know what happened. To be safe, it’s best to get a copy of any accident report filed, whether by the firm or the police.
- If you are physically able, take pictures of the incident location, the dangerous condition and your injuries. The slip-and-fall location should be photographed as much as possible from different angles and vantage points.
- Seek medical attention right away. Get evaluated by a doctor right away so that you can identify what injuries you sustained and the extent of the injuries as a result of a slip and fall. After having a medical examination, be sure to follow the orders of your physician.
- Whatever you were wearing when you fell should not be discarded. The clothing you were wearing when you fell shouldn’t be cleaned. These clothing items for example, boots, footwear, trousers etc may be used to support your claim.
- Make a file to keep track of all the money you spend related to your injuries. Keep track of all the expenses you had to pay because of the fall, like hospital bills, medication bills etc. You should also keep copies of any insurance company letters or emails.
- On social media, be extra cautious. Don’t mention your trip and fall or slip and fall accident and don’t publish any images about it online. Be careful on social media until your case is over because the insurance company can use anything you post against you. Social media is a great tool to keep in contact but it’s a treasure trove for insurance companies who hire investigators and companies to search your social media profiles and the profiles of friends, family members and colleagues to see if they can find any videos, pictures or posts that show your injury isn’t as serious as you claim.
- Do not give your permission or provide a recorded statement to the insurance adjuster. You shouldn’t sign anything or give a recorded statement until you’ve spoken with your Long Island slip and fall accident lawyer.
How to Show Someone Was at Fault in a Slip-and-Fall Case
To prove negligence in a personal injury case, whether in Nassau County or Suffolk County, a Long Island slip-and-fall injury lawyer will work on your behalf to show and ultimately prove a number of things.
For the purposes of this article, we use the example of a person entering a shopping center and the Plaintiff = person injured and Defendant = Property owner of the shopping center;
- The defendant owed the plaintiff a duty of care – shopping center owner owes duty of care to shoppers entering the store
- Due to the defendant’s carelessness and negligence, the duty of care was breached – a wet condition existed on the floor of the shopping center and it existed for long enough for the center to know about it
- Due to the defendant’s breach of that duty, the plaintiff was hurt – Plaintiff walking toward a shop slipped and fell on the wet condition
- Because of the injuries, the plaintiff suffered injury and loss – Plaintiff broke her ankle when slipping and falling on the floor
Duty of Care Obligation
Owners, landlords and potentially, managers and tenants have a responsibility or a duty to make sure that their properties are reasonably safe for all those that enter the property, walk up their stairs, use the elevator or escalator, enter their stores or walk on the sidewalks around the premises. Simply put, they have a duty to people who enter to keep the property in a reasonably safe condition and by that, they must keep the premises free of any dangerous, defective, wet, slippery or hazardous conditions. When a defect, hazard or dangerous condition is found, they must take the right steps to correct, repair or at the very least warn people about the condition to ultimately avoid any potential accidents.
Breach of Duty
Where a dangerous condition exists on a property and the owners or their representatives don’t do anything about it or what they do is minimal, they have breached their duty. Individuals can file a premises liability claim if they get hurt on someone else’s property and the owner failed in standing up to their part of the bargain and their duty. A slip-and-fall lawyer in Long Island can help you prove your case by gathering information and showing proof that a breach of duty took place.
Your Injury Was Caused by the Breach
The plaintiff or the plaintiff’s lawyer has to show that the defendant knew about the risk, should have known about the risk or created the risk by doing something they shouldn’t have done and as a result, the Plaintiff was injured.
For example, a Nassau County or Suffolk County store owner knows of leaking drain pipe that runs onto the sidewalk and when it gets very cold, that water freezes and they still did nothing to fix it. One day, unbeknownst to the Plaintiff, he/she walks over the ice and slips and falls suffering injury. A slip and fall accident lawyer on Long Island will be needed to help you prove your case, that you were owed a duty, it was breached and the breach caused your accident and resulting injuries.
You Incurred Loss Because of the Injury
For a personal injury claim to be actionable, there must be a real physical loss and potentially a financial loss. Where someone falls because of an owner’s neglect but sustains no injury, that isn’t a case. You’ll have to show that the accident directly caused your injuries and the resulting losses. These losses are proven by testimony from you, the injured person, along with testimony of some closest to you. When I say testimony, that’s simply your account of what you’ve gone through and an account of those closest to you illustrating the pain, suffering and harm that was caused to you and how the accident has effected and even changed your life. It is also shown by things like medical bills, ER bills, medication bills and wages you didn’t get or lost out on because you were hurt and couldn’t go to work.
When you file your personal injury claim, these slip-and-fall accident losses will be included in the settlement or judgment you seek from the person or the company who was at fault.
In a slip-and-fall accident lawsuit, it may seem from the outset that it is clearcut and easy to prove that someone was at fault, but the property owner’s lawyers will begin looking for ways to reduce or even get rid of their client’s liability right from the beginning and will stop at nothing to do so.
A slip-and-fall accident injury lawyer on Long Island can help you get the proof you need to prove your case, fight for maximum compensation and fight all of the defendant’s claims along the way that they’re not at fault or that you were careless.
A slip and fall accident typically occurs without warning and can occur practically anywhere, including the workplace, a retail store, a local park, an office setting, or your apartment building.
A slip-and-fall mishap may result in any of the following injuries:
- Traumatic Brain Injury (TBI)
- Fractures, and bone breaks
- Hip and spine injuries
- Hand and wrist injuries
- Significant sprains
- Facial trauma and broken teeth
- Psychological trauma
- Anxiety and depression
Accidents involving a slip and fall can result in significant life-changing injuries and also a substantial amount of medical bills and time off of work. It is important to ensure that all your losses are accounted for and compensated when an accident was caused by someone else’s negligence.
A Long Island slip and fall attorney can help you navigate the legal process, compile and ultimately evaluate the true cost of your injuries and damages so you can avoid the risk of accepting an undervalued settlement.
Common Reasons for Slip and Fall and Trip and Fall Accidents
Slip, trip, and fall accidents on Long Island, be that in Nassau County or Suffolk County are often caused by hazards on the property. Any danger that makes it dangerous for people to walk on or around a property property and could cause them to slip or trip and fall is one that needs to be repaired, eliminated or at least avoided.
Many business owners, property owners, and homeowners don’t take care of their property, neglect the premises and this leads to accidents that could have been avoided.
Slip-and-fall accidents often happen because of things like:
- Wet floors without any warning signs
- Snow or ice on the sidewalks or parking lots
- Broken drain pipes leaking onto the ground
- Defective HVAC units
- Leaking ceilings
- Obstructions in walking paths
- Lack of lighting
- Stairways in disrepair, loose handrails and slippery steps
- Uneven floors or floors with cracks or holes
- Loose carpets or floor coverings
The owner of the premises must regularly inspect their property, maintain all areas and look into potential trip and fall risks and slip and fall hazards and take measures to eliminate them. If regular inspections are done and the property is well maintained, dangers are found, repaired and/or replaced or at the very least cordoned off so no one is at risk of serious injury.
Working with a Long Island slip and fall injury attorney can make it easier for you to prove that negligence and not just bad luck was the cause of your injuries. A slip and fall lawyer can help to secure the evidence, explore all avenues of liability, build the case and ensure that the right parties are pursued for damages.
Why Should I Think about Hiring a Long Island Attorney to File a Slip and Fall Accident Claim?
Hiring a personal injury accident lawyer on Long Island can do more for your case than you might think. A lawyer can help in many ways, firstly knowing the law and how to prove your case, explain the process from the date of accident through the litigation process, explain what’s expected of you, what’s expected of the firm and build a solid case so that the law firm can fight for maximum compensation for you or your loved one.
Some of the services an attorney offers can help your claim succeed and other services will just simplify the process for the injured.
A lawyer with experience in personal injury slip and fall claims can help you by:
- Analyzing accident details to identify all potentially at-fault parties
- Managing all contacts and communications with the defendant’s lawyers and insurance companies
- Find and collect all the evidence that supports your claim, such as security video footage, and statements from witnesses
- Create a legal plan to put forward the best case
- Provide you with legal advice to help you decide what to do next
- Coordinate medical treatment if requested and help you find the best medical treatment available
- Handle all negotiations and represent you in court
As previously mentioned, Insurance companies and opposing lawyers will work quickly to reduce their liability, and they may try to put the blame on you. When building your case, time is crucial.
Don’t Wait !!!
Seek assistance from a Long Island slip and fall injury firm as soon as possible to avoid losing ground in the legal process.
How Long do I Have to File a Slip and Fall Action?
In New York, you generally have three (3) years from the date of your slip and fall accident to bring an action. This time limit is known as the Statute of Limitations and if you fail to bring a lawsuit within that time period, you will be forever barred. There is literally no exception and it’s important to note that this three (3) year statute applies if your claim is against a private person, landlord or entity.
If your claim involves a municipal entity like The County of Nassau, County of Suffolk or NICE bus service for example the statute is shorter. You have one year and 90 days to bring an action and you must also file a Notice of Claim with the municipal entity you are suing within 90 days of your accident.
Delaying contacting a lawyer in a slip and fall case can be detrimental as most people involved in these accidents aren’t aware of who is at fault, who is responsible and what time limits apply to the responsible parties. Don’t wait, contact a slip and fall attorney as soon as possible.
How Long does a Slip and Fall Case Typically Take to Be Resolved?
The duration of your case will be determined by the severity of your injuries, the length of time it takes you to heal, the number of defendant’s involved and the venue of your case. Any firm or lawyer who promises that your case will be resolved within a certain time period is making a promise they know they can’t keep. Factors that need to be weighed up in order to be able to approximate how long a case will take include:
- How bad your injury is
- How long before we know the full extent of the injury
- How negligent are the Defendant’s? Was this a simple mistake on their part or an accident just waiting to happen?
- How many parties are responsible, just the owner? Or is there also a tenant, management company, 3rd party contractor
- Do the Defendant’s accept responsibility or are they blaming the Plaintiff or blaming each other
- What’s the adjuster like? Someone who is reasonable and wants to resolve the case or someone who thinks they’re paying the settlement from their own pocket
- What venue is the case? The Bronx typically can take a number of years, Manhattan similarly. Westchester, Suffolk and Nassau may move quicker
- What Insurance Company or Companies are involved
As you can see from the above questions, each case differs and presents its own facts. A slip and fall case could resolve in 3-6 months or could take 3-6 years, each case differs and after a consultation with an experienced slip and fall attorney, you will have a clearer picture of what is involved and what time frame you are looking at.
How Many Slip-and-Fall Cases End Up in Court?
A trial is only necessary in about 5% of slip-and-fall cases. At the Law Offices of Darren T. Moore P.C., our slip and fall attorneys prepare each case as if it will go trial and the reason for that is twofold (i) if the insurance company and Defendant don’t want to pay our client what they deserve, we are ready to fight and go before a jury with our case and (ii) our Long Island slip and fall lawyers’ work tirelessly toward constructing and crafting your case to the best of our ability and when a case is well worked up, the insurance companies generally don’t want to take the risk and may offer to pay a settlement out of court to avoid a trial by jury.
Always note that when you accept a settlement offer:
- That is the end of slip and fall injury claim and it cannot be reopened at any point in the future.
- You avoid appearing in court and having to rely upon a jury verdict which can always go one of two ways, for or against you.
- Generally, you will obtain compensation pretty soon after the settlement for your losses, expenses, and injuries. You won’t have to wait for any appeals to be heard or decided.
Always remember that there may be an offer for compensation for your injuries right after your accident, but you should consider it carefully before accepting. In order to avoid being exploited by the insurance company, it’s crucial that you consult with an experienced long island slip and fall attorney.
Compensation for a Fall and Slip Case
In slip and fall instances, the amount and kinds of damages that can be recovered varies from case to case. A number of factors will be taken into an account and not all that are listed here are required but an example of what an experienced slip and fall attorney will weigh up when evaluating your case;
- the extent of your injury
- liability of the Defendant
- your age
- employment status
- past medical history
- future medical care and needs
- medical expenses
- future loss of earnings.
We will review all of the above and more if necessary, evaluate all of the evidence in the case and we can then decide what kinds of damages you can recover and how much they might be worth after reviewing your evidence.
In New York, victims of slip-and-fall accidents may pursue financial recovery for:
- Economic damage: Economic damages are losses that can be measured and quantified, like medical bills, lost wages, lost benefits, loss of one’s ability to work in the future and gain promotions etc and any other financial losses you’ve had or may have in the future because of your injuries.
- Non-economic damages: Non-economic damages are intangible losses and can’t be easily quantified. Most of the time, the largest part of a claim is the non-economic damages like pain and suffering, diminished quality of life, scarring, inability to do what you once did, inability to pursue your hobbies and passions, inability to be the parent, spouse or friend that once were and the inability to pursue your happiness. It’s not what’s taken from you in accidents that can have the greatest impact, often it’s what you’re left with..
- Punitive damages: Most people who get hurt in a slip-and-fall accident won’t be able to seek punitive damages, but in certain cases they may be awarded. Punitive damages is available to a Plaintiff where the defendant engages in conduct that is so egregious or reckless that the Court will permit that they be punished and used as an example to prevent similar conduct happening in the future.
When an accident victim has to suffer pain, discomfort and inconvenience and be forced to pay for their own medical bills and other costs, it can have long-term physical, psychological and financial consequences. If you are not to blame for an accident, you need an injury law firm that will fight for you to secure full and fair justice to compensate for your losses. Our Long Island slip and fall injury lawyers will fight for your recovery and will pursue the total value through settlement negotiations or at trial.
Contact a Long Island Slip and Fall Accident Law Firm Today
For a free case evaluation to discuss the viability of your slip and fall claim, contact us today.
You are invited to speak with the Long Island slip and fall injury team from our office at no cost to you. During our appointment, we can discuss in greater depth what occurred, your concerns, and your legal options. The injury attorneys at the Law Offices of Darren T. Moore P.C., are here to help.