If you or a family member has been injured in a slip and fall injury that may have been caused by the negligence of a property or business owner, you should consider exploring the possible legal options available to you. If you have suffered pain, loss of wages, and other expenses, and the stress of uncertainty about the future, consider speaking with an injury lawyer with a long history of successfully litigated cases and on behalf of deserving clients. For decades, Rosenberg, Minc, Falkoff & Wolff have been helping injured New Yorkers get the money they needed for covering costs of treatment, recovery, therapy, and more. Find out how they might help you by calling chatting online with an agent or calling 1-800-660-2264 and speaking with a representative.

Statistics reveal that slip & fall injuries account for over a million emergency room visits each year. Pain and suffering from the injury is compounded by the additional burdens of bills and stress, treatment alternatives, additional transportation needs or childcare needs, and other changes. If you feel that your accident was due to mismanagement, neglect, a failure to warn of unsafe conditions, seek the advice of expert injury lawyers Rosenberg, Minc, Falkoff & Wolff. We’ve helped many NYC injury victims get money deserved and needed, so they could focus on healing and get back to planning for the future.

Timeliness is Important for Correctly Evaluating Slip and Fall Injuries

Accident injury attorneys are all too aware that sometimes even painful injuries are initially under-estimated by someone without medical qualifications. There many areas of the human body that typically sustain injuries in a bad accident. It’s imperative that medical staff examine and diagnose any injuries sustained, to prevent delays in receiving proper treatment. In some circumstances, the person who slipped and fell felt pressured to return to work, to go home and rest, or complete an incident report, before being medically evaluated, which can lead to additional problems.

Just as failure to seek professional medical advice quickly might cause other problems, the same can be said for seeking legal advice. Under-estimated injuries mean under-estimated expenses, too. We are familiar with the ranges of costs for medical and related needs, and of damages recovered for past claims. They know the restrictions and obstacles for slip/fall claims, types of statutes of limitations, windows of opportunity, etc. They can quickly determine the strengths of a claim or whether it can be strengthened to get the most successful result possible.

The Basic Elements of a Claim

What proof does an injury lawyer need the most?

The following conditions must be established with proof that the:

  • property owner had a duty to provide for the safety of individuals on the property, depending on the reason for the individual’s presence;
  • property owner breached that duty by failing to maintain a safe environment, or neglecting to warn of the dangers present;
  • accident resulted from the property owner’s negligence;
  • victim is entitled to compensation for losses and harm caused by the accident;

What is the legal requirement of Notice, and the difference between the concepts of Constructive Notice and Actual Notice?

slip fall lawyer nyc

Long, long ago, English landlords were protected from claims of accidents and other such occurrences on their property by the concept of the injured party having to prove notice in order to recover damages for a serious accident. Still today, your injury lawyer must establish notice, or the court may dismiss the case, even if your accident was caused on the premises by an unsafe condition.

Constructive Notice

If, for example, you slipped and fell on the icy pavement outside a grocery store, and you wondered if you might get some kind of settlement that would cover the extensive medical bills following your injury. It may be legally required to prove that constructive notice was given to the owner because icy conditions existed for a period of time long enough for the landlord/owner to have known that the ice was there and to spread salt and gravel to fix it, but neglect to do it anyway.

Similarly, a claim for an injury you got tripping and falling when a step beneath your foot crumbled, as you walked down the stairs in front of your apartment building, might require proving constructive notice-– that the landlord must have known of the unsafe condition but failed to fix it. Without obtaining proof of notice, the claim would be difficult to pursue.

Actual Notice

Another type of notice that might have to be proven is actual notice, in which a landlord or owner of premises was actually told or warned of an unsafe condition and neglected to address it. This might include some kind of formal inspection report which mentioned the hazard, a posting of such a hazard, or information about the hazard that the landlord received from another source. If the attorney proves that the landlord had actually been informed of the unsafe condition, and still failed to rectify it, that is called actual notice.

How would an injury lawyer near me find proof to support my claim?

A trained and capable NYC accident injury lawyer should know when and which professionals such as engineers, investigators, etc., should be consulted and utilized for their opinions and reports. An engineer might examine a scene of an accident and produce a report detailing what contributed to the development of the crumbling step. It may reveal that the stair rail was rusting and loose, exposed nails were weak and rotten and that the condition had been present for quite some time. Lawyers for accident cases routinely work with many experts, depending on the circumstances. An investigator might try to determine whether previous violations were issued but ignored. In such cases, the lawyer might use the findings of these experts to prove that notice was established, and the claim for damage recovery for your injury can proceed to the next stage.

What other proof might an injury lawyer want me to provide?

Basic documentation to support your claim might include:

  • documents of medical evaluation, treatment, or therapy;
  • photographs of the scene, conditions, and the environment has taken at around the scene of the accident;
  • statements of witnesses or people with relevant information;
  • instructions or directions posted or given regarding the unsafe conditions;

Good communication between you and your attorney means asking and answering questions, sharing knowledge, and being responsive, so if you have or learn information that could be useful, share it with your attorney.

What is the concept of Comparative Negligence?

If a victim or family files a claim or lawsuit to recover compensation from a property owner after an accident, the property owner’s attorneys or insurance company may attempt to argue that the victim is responsible for a portion of the blame for slipping and falling.

Examples of attributing this partial blame are that that the victim wasn’t paying attention, not wearing appropriate or required safety gear, or that the injury happened in an area that was off-limits to visitors. It’s possible that a jury may find that the rule of comparative negligence is appropriate and apportion 10% of the fault to the victim. Any damages awarded to the victim will be reduced by the same percentage. An award of $100,000 to a victim who was found to be 10% at fault, would be reduced accordingly, by 10% to $90,000. A very skilled lawyer for claims is crucial to know how to keep any attributed comparative negligence attributed to the victim to a minimum.

If I Live in Brooklyn, should I look for a slip and fall attorney near me, even if I fell in Queens?

We work in all boroughs, so if are looking for the best lawyers for slip and fall near me, or you’re searching for a Brooklyn, Queens or Manhattan attorney, we represent a team of some of the best lawyers in New York City in this practice area. We want to bring the same dedication to winning your case that helped achieve the successful settlements we fought for with our past clients. Wherever you are, call us for a free consultation. We can answer some of your questions and you’ll learn whether we can offer you representation.

Rosenberg, Minc, Falkoff & Wolff LLP

Rosenberg, Minc, Falkoff & Wolff has a long history of winning, but we never stop paying attention to changes in laws, codes, regulations, requirements, that any changes to the landscape of the practice area and how potential claims might be affected. Efficient representation and clear communication is important to us and should be to you, too. You want to spend your time healing and recovering, and we want to spend our time ensuring you get the money you deserve to do just that.

Get in touch with us today by calling at 1-800-660-2264 to speak with a competent lawyer for slip and fall. Schedule a free consultation here.

NEW YORK CITY LAW OFFICE

122 E. 42nd Street Suite 3800
New York, NY 10168

Tel: 1-800-660-2264

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QUEENS LAW OFFICE

8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only

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BRONX LAW OFFICE

220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only

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