Fall-related accidents and injuries often occur due to hazardous conditions on private, public, or government property. Unfortunately, these circumstances are often the consequences of the caretaker’s or owner’s carelessness. Fortunately, after you have incurred a severe injury, our New York slip and fall attorneys at the Law Office of Cohen & Jaffe, LLP, can defend your right to receive monetary compensation if someone else is liable for your accident.
Regardless of whether the fall occurred in a home, business, government facility, store, or another place, our legal counselors will examine the circumstances behind the incident to determine who is responsible and take steps to hold the negligent parties accountable. You can reach out to us today to discuss your legal options and next steps during a free consultation.
Proving Negligence After a New York Slip and Fall Accident
Slip and fall accident victims can incur devastating losses if they do not bring legal action against a liable defendant. Proving carelessness is crucial to collecting personal injury claim compensation.
If we represent you, our New York slip and fall lawyer must establish and prove the following three elements are true:
- The plaintiff had a legal right to be present (and was not trespassing) on the property in question.
- The caretaker or owner was neglectful in one or more aspects of property maintenance, causing hazardous conditions on-site.
- This negligence was responsible for the injury in question and resulted in identifiable losses.
New York property owners must ensure their properties are relatively safe. That said, an accidental injury does not guarantee that a claim will be successful. For instance, imagine that a large, fluid-filled product in a store falls from a high shelf, hits the floor, and breaks. Shortly after, you are injured after falling on the slippery floor. This might not be regarded as negligence because employees did not have enough time to know about the issue and fix it.
However, if it’s proven that a worker knew about the spill and neglected to remove it or notify guests promptly, the owner might be found liable. Moreover, if the property owner knows of potential danger (e.g., a spill) and provides satisfactory notice, they will probably not be found negligent. However, if they are aware of the danger but do not make repairs or attempt to alert guests, they might be held responsible for any injuries that guests incur.
Fall Accident Victims Can Suffer Head, Neck, and Spinal Cord Injuries
Personal injuries are often associated with devastating harm, particularly among older persons more prone to suffering from severe health complications. New York State law allows persons to seek rectification from any individuals or entities who caused a personal injury, such as the following:
- Head and neck injuries
- Brain and spinal cord injuries
- Broken bones
- Cuts and lacerations
- Nerve damage
- Muscle contusions and strains
It is widely known that insurance agencies will try to undervalue or straight-up deny a claim. However, our lawyers are aware of such unfair tactics. We employ our resources and knowledge to ensure compelling evidence is preserved. We will use expert testimony to help you recover the monetary damages you have incurred, even if you share some responsibility for the incident.
Common Reasons for Slip and Fall Accidents Happen
The New York health department states that most slip and fall injuries are not merely accidental but related to identifiable risk factors. In fact, fall-related injuries are the leading cause of injury hospitalizations among children aged 0-14 and adults aged 25 years and older in the state, the New York State Department of Health reports. In addition, falls are the leading cause of unintentional injury fatalities for those 45 years and older.
Among the most typical reasons for fall-related injuries and accidents include the following:
- Wet, waxy, or oily floors
- Broken or uneven sidewalks/walkways
- Damaged or broken stairs
- Damaged or broken door thresholds
- Broken or missing floorboards
- Loose, untethered extension cords
- Unsecured carpets or rugs
- Snow, ice, and other hazards on walkways
New York Sets Statute of Limitations Filing Deadline for Injury Cases
New York’s statute of limitations states that injured parties have three years from the accident date to file a lawsuit against a liable person(s) or entity(s), per CVP § 214. However, if you were wounded in a fall in a park or other property supervised by a city, the deadline to file might be shorter. We will advise you on which deadlines apply after reviewing your situation.
It is crucial to keep in mind that the possible liable person(s) is a private landowner or government entity with exceptional legal resources of their own. You can consult with our personal injury lawyer serving New York, who will stand up for your legal right to seek compensation and justice.
How Much Can I Be Reimbursed After a Slip and Fall in New York?
Fall-related case settlements range significantly from one case to another based on the amount and seriousness of the injury(s) incurred. Accordingly, losses recovered will be estimated primarily on supporting evidence and the value of economic (monetary expenses) and non-economic damages (e.g., pain and suffering).
The attorneys at the Law Office of Cohen & Jaffe, LLP, will work hard to maximize a claim’s value and persuade those involved with a potential verdict or out-of-court settlement to consider the following factors:
- Lost income and wages
- Medical, ambulance, and hospital costs
- Pain and suffering
- Loss of life enjoyment
- Rehab and therapy costs
We Can Help You Obtain Compensation for Your Injuries
Our New York slip and fall lawyers have helped many clients collect substantial restitution following fall-related injuries. Because of the complicated nature of premises liability cases in New York State, it could benefit you to work with a law firm that can go up against insurance companies and seek compensation on your behalf.
If you had an accident and were hurt on another person’s property, you might have a right to claim monetary losses. Regarding your case, there are no upfront costs required to speak to one of our personal injury attorneys at the Law Office of Cohen & Jaffe, LLP. To learn more, call us for a free consultation today.
For a free legal consultation with a sip and fall accident lawyer serving New York, call 516-358-6900