Trip and fall accidents rank among the top causes of personal injury claims in the United States. Nearly 12% of all emergency room visits in Queens can be attributed to trip and fall accidents. One in three trip and fall victims suffers significant injuries. Millions of dollars are spent each year on treating trip and fall injuries. You may be eligible for compensation if your slip and fall accident was caused by the negligent actions of someone else. You should speak with a qualified premises liability lawyer Queens to learn more about your rights.
Trip and fall accidents rank among the top causes of personal injury claims in the United States. Nearly 12% of all emergency room visits in Queens can be attributed to trip and fall accidents. One in three trip and fall victims suffers significant injuries. Millions of dollars are spent each year on treating trip and fall injuries. You may be eligible for compensation if your slip and fall accident was caused by the negligent actions of someone else. You should speak with a qualified premises liability lawyer Queens to learn more about your rights.
Steps to Take After a Trip and Fall Accident in Queens
Experienced Queens premises liability lawyers suggest the following steps when you are involved in a trip and fall accident:
1. Check for Injuries
You need to remain calm and put your safety first. You should avoid making any sudden movements, such as jumping back on your feet. Back injuries and head injuries can become worse with sudden movements. Instead, you should take a moment to identify any sharp pains or sensations in the body. If you notice any tingling in your arms and legs, ask for help. This can be an indicator of a serious back injury.
2. Report the Accident
Every slip, trip, and fall accident should be reported to the relevant authority. Whether you were injured on a sidewalk, in a store, or at a friend’s house, you should let the owner, manager, or landlord know of the accident and injuries. It is best to make a written report and request for a signed copy of your records. You can ask someone with you to do this before you leave in case of severe injuries.
3. Document Everything
You should collect the names, email addresses, phone numbers, and mailing addresses of all potential witnesses. Your Queens premises liability lawyer may need it to corroborate your side of the story. If possible, you should also get a video recording of the eyewitness testimonials. Memory tends to fade over time. These statements can be used as evidence and may help you get an early out of court settlement.
Remember to take photographs and make videos of the exact location where you tripped and fell. Take photos of any uneven surface, cracked tiles, potholes, or something left on the floor that contributed to your accident. You may also want to create a journal.
Note down everything you remember about the accident and your injuries. You should also place the clothing and shoes you were wearing at the time of the fall in a safe storage place. A skilled Queens slip and fall accident lawyer may use it as evidence to obtain a higher compensation.
4. Refrain from Giving Statements
It’s prudent to remain calm and not threaten or swear at anyone. You should limit your communication with the property manager or owner as well. Never post anything related to a personal injury accident on social media. In fact, you should keep off social media till your claim is settled. Refrain from giving any statements to the insurance company until you have consulted with a competent Queens trip and fall injury attorney. This is someone who has been through the legal battlefields before and knows how to survive a firefight.
5. File an Insurance Claim
Call the relevant insurance provider to file your personal injury claim. In most cases, the owner of the property is responsible for any damages resulting from a trip and fall. Depending on where the accident occurred, this can be a business, individual, or the government. You need to file a claim with the property owner’s insurance company. Furthermore, it’s best that you speak with a Queens slip and fall lawyer for advice before doing that.
6. Speak to a Skilled Attorney
A robust and outstanding slip and fall accident lawyer in Queens, NY can guide you through the cumbersome process of filing a claim, proving your damages, and obtaining maximum compensation. Many slip, trip, and fall lawsuits have complicated components that can be difficult to prove. Having a qualified Queens trip and fall injury attorney on your side with relevant experience, solid legal knowledge, and a track record of success can be helpful.
Things that Can Adversely Affect Your Queens Trip and Fall Claim
You need to avoid the following since these may decrease the likelihood of obtaining the compensation you deserve:
1. Not Waiting for Medical Assistance
You may want to stand up right away. If you fell on your back, it may be prudent to wait a few minutes to gather your bearings. In fact, you should wait to get up until the ambulance arrives if you feel any pain. If you decide to get up, you should do it slowly.
2. Blaming Yourself or Others
Do not admit fault or blame anyone in front of others. Do not use statements that show you were at fault. For instance, “I am sorry for being clumsy” or “I should have seen the wet spot” can be used against you by the insurance provider to deny the claim.
3. Signing Paperwork
If the property manager or owner gives you any paperwork to sign, you should refuse. You have legal rights and don’t need to sign anything. Always have documents and paperwork reviewed by your attorney.
4. Don’t Give False Information
You are required by law to give an accurate and honest description of the accident. Never give false information to the property manager or insurance adjuster. Refrain from providing more information than needed as well. Let your attorney handle all communications with the insurance company. They will ensure that the most objective and accurate information is given.
Maximum Compensation in a Queens Trip and Fall Accident Claim
One of the most important steps to take following a personal injury accident is to file a claim with the relevant insurance provider. It can be tough to know the accurate worth of your claim. There have been cases where trip and fall lawsuits have been settled for millions of dollars. However, every case is different and unique. These are a few factors considered by a competent slip and fall accident lawyer Queens to ascertain the true value of a claim:
- Severity of the injury
- Any ongoing emotional or physical problems
- Ability to resume work
- Lost wages and income
- Future earning potential
These are a few factors that insurance companies usually use for reducing the value of or denying a claim:
- Failure to mitigate damages
- Contributory negligence
- Pre-existing condition
You should have a knowledgeable Queens premises liability lawyer on your side to place a fair value on your claim. Experienced attorneys will use resources and other experts to argue for the highest possible settlement.
Statute of Limitations for Filing a Trip and Fall Lawsuit in Queens
The accident venue will determine the time limit for filing a trip and fall accident lawsuit. As per the New York statute of limitations, you get 3 years to file a personal injury lawsuit if the accident took place on private property. In case the property was maintained by the city, you will get 90 days to file a claim. This is a tight deadline and you should not hesitate in speaking to a premises liability lawyer Queens. If you meet with an accident at the workplace, you will have 30 days to seek benefits under workers’ compensation.
Queens Trip and Fall Accident: Frequently Asked Questions
Should I negotiate with the insurance company if they contact me?
You should let your Queens slip and fall accident lawyer negotiate with the insurance company on your behalf. You may accidentally say something wrong or give out more information than necessary, or the insurance adjusters may use your vulnerable situation to make you accept a lowball settlement offer.
Can I sue my landlord for a trip and fall injury in Queens?
You can sue the landlord or property owner for your Queens trip and fall injury. However, the burden of proving negligence will rest on you. Landlords in Queens have to maintain rental properties in safe condition. Broken tiles or uneven flooring can be valid cause to file a personal injury claim.
Can I sue for a trip and fall accident at an Airbnb in Queens?
You can sue for a trip and fall injury at an Airbnb if it hasn’t been safely maintained. You can hold the owner responsible for any injuries that occurred because of their negligence. Airbnb has a Host Protection Program that offers insurance coverage for protecting hosts from expensive claims and lawsuits. Third-party personal injury claims are covered by this insurance policy. Maximum limits are $1,000,000 for each person injured.
Can I sue if weather was a contributing factor to my trip and fall accident?
Your Queens slip and fall lawyer will help you prove that the owner’s negligence played a role in causing your injury even though the weather was a contributing factor. A property owner or manager’s duty of care extends to ensuring additional safeguards are in place when icy or wet weather creates a safety hazard.
Legal Help is Here from Top-Rated Slip And Fall Accident Lawyers in Queens
If you or someone you love suffered an injury in a trip and fall accident, the dedicated Queens trip and fall injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help. Since 1922, our firm has been devoted to helping victims of personal injury get the compensation they deserve. To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.
