Slip and fall accidents happen frequently and can lead to serious and life-changing injuries. As the name suggests, a “slip and fall accident” happens when a person slips and injures himself on someone else’s property. When a negligent property owner, manager, or landlord fails to take due care to keep the property in a safe condition, he or she can be made liable for the accident resulting from such negligence.
According to the National Safety Council, falls are the second leading cause of unintentional injury-related deaths in the United States. The Centres for Disease Control reports that about 800,000 people are hospitalized every year due to fall injuries and 3 million elders are admitted to emergency care units due to falls.
Under personal injury law, a premises liability claim is generally filed by the victim against such a negligent owner or manager. If you or a loved one were injured on someone else’s property due to a slip and fall, contact a Queens slip and fall accident lawyer at the law firm of Rosenberg, Minc, Falkoff & Wolff today.
With over 100 years of experience, we have secured over $1 billion in total client settlements for our personal injury clients. Call us now at 212-LAWYERS or 212-344-1000. to schedule a free consultation with top-rated and highly experienced lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP (RMFW Law).
Slip and Fall Statistics
Here are some alarming statistics relating to slip and fall accidents in the United States:
- Falls are the leading cause of traumatic brain injuries (TBI).
- One out of every five falls results in a serious injury.
- Falls account for over 95% of all hip fractures.
- About 50% of the people aged 65 or above hospitalizes for hip fractures are unable to return home or live independently due to the fracture.
- Slip and falls constitute a major portion of workers’ compensation claims and are the primary reason for lost days from work.
- Nearly 50% of all accident deaths at home occur due to falls. These injuries mostly happen at the ground level and not from a height.
- Slip and falls are the leading cause of compensable injuries in the trucking sector
- More than 60% of nursing home residents fall every year.
- Falls are the leading cause of injury-related death among those aged 85 and above.
- Apart from the injuries to the victim, falls can create a fear of falling among people who experience a fall, even when they do not get injured. This may impact their daily life activities and they may become less active.
Further, certain medical or personal conditions such as vitamin D deficiency, vision issues, body weakness, use of drugs or antidepressants, and foot pain may make a person more prone to falling.
Being involved in trip and fall accidents can be a frightening experience for the victim. If you suffered a slip and fall accident injury and want to learn more about your legal rights, contact a Queens trip &fall injury attorney at the RMFW law firm today.
Common Causes of Trip and Fall Accidents
Most slip-and-fall accidents occur due to:
- Wet and slippery floors
- Broken staircases
- Icy or snowy surfaces
- Uneven or broken flooring
- Cluttered floors and surfaces
- Broken pavement or sidewalks
- Broken furniture
- Broken or no handrails
- Poor lighting
- Lack of warning signs
- Open or exposed wiring
- Empty swimming pools
- Defective or unlevelled escalators or elevators
- Improperly placed fixtures
If you suffered an injury due to any of the above-mentioned reasons, you can file a compensation claim against the negligent party. Contact our law firm today to get the help of skilled lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP (RMFW Law)
Injuries From Slip and Fall Accidents
Slip and fall accidents often lead to severe injuries. The force with which the body hits the ground suddenly and unexpectedly gives a blow or jolt to the body. Some of the common injuries resulting from slip and fall accidents include:
- Broken bones and limbs
- Hip fractures
- Spinal cord injuries
- Traumatic brain injuries
- Cuts, burns, and lacerations
- Strains, sprains, and muscle tear
- Mild head injuries or concussions
- Knee, shoulder, back, and neck injuries
- Facial injuries
- Wrongful death
Injuries from slips and falls can result in hefty medical expenses and financial losses. The victim may also go through a lot of pain, frustration, and anxiety. To claim compensation for your injuries and know more about your legal rights, schedule a free consultation with an experienced Queens premises liability attorney today. Contact us here or call us at 212-LAWYERS or 212-344-1000.
Proving Liability: How a Queens Slip and Fall Lawyer Can Help?
Generally, a premises liability claim can be filed against the negligent property owner or manager for a slip and fall accident case. Property owners and managers are required to maintain their property in a safe condition for guests, visitors, and workers. If they fail to take reasonable care, they may be held liable for the injuries caused to someone as a result of such negligence.
Sometimes, a third-party, such as the company responsible for the maintenance of the property may also be held liable for the accident. With the help of a Queens personal injury lawyer, the victims can determine who was responsible for their fall injuries.
To prove liability in a trip and fall accident claim, it must be shown that:
- The premises owner or manager has a legal duty to maintain their property in a safe condition for the victim.
- The premises owner or manager failed to take reasonable care and was negligent towards the property’s maintenance or safety.
- The victim suffered injuries as a result of such negligence.
A Queens slip and fall lawyer investigates the cause of the accident, collects evidence, and then applies the relevant laws to determine who was the negligent party. However, If any of the above three conditions are not met, the victim may not be able to claim compensation from the owner or manager. For example, if a person visits a personal property with restricted access and clear warning signs without any reason and authorized access, he or she may not be entitled to any damages.
Similarly, if the injured person fell due to his or her own negligence, for example, due to wearing broken or loose footwear, the property owner may not be liable for the accident. To understand whether you have a valid slip and fall accident claim or not, contact a Queens slip and fall lawyer.
Since New York is a pure comparative negligence state, if the victim’s fault also contributed to the injury, then the compensation to be awarded will get reduced by the proportion of his or her fault.
Further, the liability of the owner or landlord may also vary depending on whether the property was commercial, residential, or governmental. Residential property owners may owe a duty of care towards a limited number of people when compared to commercial property owners.
Determining liability in a slip-and-fall accident can be tricky and often, parties try to shift blame or reduce their share of the fault. With the help of Queens premises liability lawyer, you can build a strong legal strategy to prove the fault of the negligent owner. Contact the RMFW law firm today to get the help of an injury attorney.
Filing a Claim With The Help of a Queens Slip and Fall Lawyer
After successfully proving negligence and liability to pay, the victim of a slip and fall accident can claim the following economic and non-economic damages from the negligent owner or manager:
- Cost of all medical expenses
- Cost of future medical care
- Lost income or wages
- Future loss of income
- Pain and suffering
- Temporary or permanent disability
- Rehabilitation and therapy costs
- Assisted living and long-term care expenses
- Mental and emotional suffering
- Loss of companionship
- Loss of enjoyment of life
- Wrongful death
In New York, most victims have a three-year time period to file a slip and fall accident claim. However, this does not mean that a person should wait till the last moment to file their claim.
A delay in filing the claim may show that you are not serious about your claim. Further, gathering evidence related to the accident becomes difficult after a certain period of time.
If the accident happened on governmental or municipal property, you have a lesser amount of time to file a claim. Generally, in such cases, the victim must file a notice of claim within 90 days of the accident with the governmental agency.
If you believe that you have a slip and fall claim against a negligent owner, you can get legal advice from a slip and fall lawyer in Queens today to know more about the statute of limitations applicable to your case. Get in touch with the RMFW law firm today to get legal help from a top-rated slip and fall lawyer in Queens.
What To Do After a Trip and Fall Accident
Taking the right steps after a trip and fall accident will ensure that your legal and medical recovery happens swiftly. If you suffered injuries from a slip and fall accident but are not sure about what to do next, consider taking the following steps:
Get Medical Treatment
The impact from slip and fall accidents can cause severe bodily injuries and some of these injuries may not be visible. Even if there are no visible injuries, the victim should get a medical checkup done as soon as possible to find out internal injuries.
Report the Accident
Report the accident to the property owner or manager on whose property the accident happened. Most large retailers and showrooms provide an accident report after you inform them and it is your right to get a copy of that report. However, do not sign other documents or make any statements without consulting an attorney.
Take Pictures and Preserve Evidence
If possible, take pictures of the accident scene. Try to capture the cause of the accident. For example, if the accident happened due to a wet floor, take pictures of the floor. If the staircases were broken, take pictures of the broken part of the staircase. Also, take pictures of your injuries. Keep all the pictures and medical treatment reports and bills safely with yourself.
Try to gather witness information and contact numbers. Witness testimony can be an important piece of evidence when filing a personal injury claim.
Do Not Give Details To Insurance Companies
Soon after the accident, victims will hear quick settlement offers from insurance companies. However, they should avoid accepting such offers and also avoid making any statements about the accident to these companies.
Even the minute of details from the statements made by the injured can be used against him or her during the negotiation process. Further, a quick settlement offers a lower value than what can be recovered with the help of a lawyer.
Contact a Queens Premises Liability Lawyer
A skilled Queens slip and fall accident lawyer will help you put forward a strong legal case and negotiate aggressively with the insurance companies to get you the rightful compensation for your injuries.
At the RMFW law firm, we understand the pain, feelings, and hardships a client goes through after a slip and fall injury. We provide a free consultation to those who suffer fall injuries due to someone else’s negligence. Contact a slip and fall lawyer in Queens today to seek legal guidance on what steps should you take next after your injury. We work hard with our clients so that they can focus on their health and medical recovery while we fight aggressively for their compensation.
Getting Help From a Queens Slip and Fall Lawyer
Choosing the right legal strategy after suffering injuries from a slip and fall is essential for obtaining enough compensation to pay for your medical bills. With a slip-and-fall accident lawyer by your side, you can also seek damages for all the pain and suffering you go through after the accident.
The RMFW law firm has a successful track record of obtaining successful client settlement awards in more than 30,000 personal injury cases. Our legal team will be there with you to help you through the entire complicated personal injury claim settlement process. Our lawyers can help you with:
- Gathering and analyzing evidence
- Identifying the liable parties and establishing negligence
- Determining the compensation amount you deserve
- Negotiating with insurance companies and preventing them from giving you an unfair settlement offer
- Filing a premises liability lawsuit if required.