When slipping or tripping and falling is caused by someone else’s negligence, victims could be eligible for compensation. Slip and fall cases can be grounds for an injury insurance claim or lawsuit, allowing you to repay bills and replace lost income.
If you fell on a Westbury property, we encourage you to get in touch with the Law Office of Cohen & Jaffe, LLP to learn about how one of our slip and fall accident lawyers can help.
What Expenses Can a Lawsuit or Insurance Claim Cover in a Slip-and-Fall Case?
You could receive damages to cover any of your accident-related injury expenses. Compensation generally covers:
- Medical bills
- Lost income
- Rehabilitation costs
- Pain and suffering
- Loss of consortium
- Wrongful death damages, if you lost a loved one to their injuries
More than just paying for some doctor’s visits, damages from personal injury are holistic, addressing how various areas of your life have sustained negative consequences due to your fall. We consider your job, relationships, and emotional pain—aspects a hasty insurance settlement may not include.
The same logic applies to wrongful death damages. Some falls are fatal, especially among older adults. In New York, from 2012 to 2014, an average of 1,132 people over 65 died annually due to falls, according to the Bureau of Occupational Health and Injury Prevention. We look at the impact of a loved one’s loss on family members’ long-term financial health and emotional well-being, providing damages for those aspects on top of funerary expenses.
We can Seek Compensation for Complications Resulting from a Fall Injury
If you sustained a serious injury from your fall or suffered from secondary conditions, we will fight for damages to reflect those unique challenges. Compensation is both personalized and wide-ranging, helping you with specific costs while also accounting for the many areas of your life altered by this injury.
Falls are a major cause of TBI, according to the Centers for Disease Control and Prevention (CDC). A TBI can carry with it symptoms that affect mood, cognition, memory, sleep, and motor skills, per the Mayo Clinic. Other fall injuries could cause secondary conditions, like infections or fears of falling again. You may need additional forms of care, like speech therapy or strong antibiotics, that can be paid with your settlement.
We even account for future possibilities in your damages, arguing that you deserve funds for consequences you’ll face down the road. For instance, elderly fall victims are especially prone to other risks after falling. In fact, information available from the National Center for Biotechnology Information (NCBI) notes that hip fractures increase the risk of mortality for patients over the age of 65, particularly women. These new health risks caused by the injury could be reflected in your compensation amount.
What Can Our Lawyers Do to Help Obtain Those Damages for You?
If you fell on a Westbury property, a slip and fall accident lawyer from the Law Office of Cohen & Jaffe, LLP can start work on your case right away. You do not have to wait to contact a lawyer until the first sign of trouble. Instead, a fall injury attorney with our firm can advise you on how to speak to an insurance company or put pressure on an obstinate adjuster.
In working with insurance companies to reach a settlement, we can:
- Communicate with adjusters
- Research the property owner
- Compile evidence
- Determine your claim’s value
- Fight claim or treatment denials
- Review any waivers you signed
- Negotiate settlement offers
- Explain your rights
We Will File a Lawsuit If We Can’t Come to an Agreement
If no agreement can be reached or if the negligent party lacks insurance, we can file a lawsuit. The onus is on injury victims to provide proof that negligence caused their injuries. Our responsibility is to demonstrate that the property owner owed you a duty of care, breached that duty, and caused your injury. Some evidence we use includes:
- Photos from the scene
- Security camera footage
- Measurements of the obstacle
- Eyewitness testimony
- Staff statements
- X-rays or MRIs
- Doctor testimony
- Accident reconstruction
- Property code violations
- Expert analysis
We monitor your case to determine when to file, all while paying attention to New York’s three-year statute of limitations for personal injury and two-year statute for wrongful death (CVP §214, EPT §5-4.1).
We Don’t Tolerate Victim-Blaming or Intimidation
The insurance company, property owner, or another negligent party may claim you are partly or wholly to blame for your accident, citing that you wore improper shoes or were distracted. We fight back against excuses used to avoid paying damages. You could have grounds to fight for compensation if you were injured by:
- Uneven flooring
- Insufficient lighting
- Lack of signage
- Loose railings
- Unsecured cords
- Store displays
- Leaks or puddles
- Poor aisle design
Any careless action or inaction that led to your fall makes you eligible for damages.
Who Else Could be Responsible for a Slip-and-Fall Accident?
While fall cases are often the responsibility of whoever owned the property where the accident happened, other liable parties include:
- Cities, counties, or states
- Equipment manufacturers
- Third-party installers
- Construction companies
In some cases, the liability may be shared by more than one party. For example, a property owner may have made errors that exacerbated a manufacturing flaw in a piece of equipment. Understanding everyone’s role in your accident may require some investigation, which we do on your behalf.
Keep in mind that pursuing a city, county, or state may be more challenging, as they can have laws protecting them from liability. Some municipalities also have statutes that require the defect to have been already documented for any victims to sue for injuries. That previous documentation would be proof that the city did not take proper steps to eliminate risk.
Call and Receive a Free, No-Hassle Consultation with One of Our Attorneys Today
Slipping or tripping unexpectedly can change your life, leaving you facing major challenges to your health and day-to-day routine. You may not wish to deal with the process of a legal case during this time – and this is where we can help.
The Law Office of Cohen & Jaffe, LLP wants to help restore control to your life. If you were injured in Westbury, call today to learn how one of our slip and fall accident lawyers can help you regain physical, mental, and financial equilibrium.
For a free legal consultation with a slip-and-fall accidents lawyer serving Westbury, call 516-358-6900