Slip and Fall Injury Lawyer
When some people hear the words “slip and fall injuries”, they picture minor injuries that causes bruises and scrapes. Unfortunately, slip and fall lawyers know that snow and ice, uneven staircases, defective sidewalks, and recently waxed floors all pose potential hazards that can lead to significant injuries. Our New York slip and fall accident lawyers are here to help.
Average Slip and Fall Settlement Amounts
Spinal cord injuries, broken bones, torn ligaments, and traumatic brain injuries can lead to extensive medical bills and missed time at work, leaving you scrambling to cover even the most basic day-to-day expenses.
Many slip and fall cases settle outside of court, with settlements ranging from several thousand up to millions of dollars. Your compensation will depend on a number of factors, including the severity of your injuries, your existing and future injury-related medical expenses, lost wages and expected future loss of income, and more.
There are two types of damages (compensation) associated with slip and fall cases: economic damages and non-economic damages. Your personal injury attorney at David Carr & Associates can walk you through the details to see which apply to your specific case, but briefly, economic damages include items such as medical bills and lost wages, while non-economic damages include less easily quantifiable items such as pain and suffering and loss of consortium.
What is premises liability law?
In New York State, if you are on another person or company’s property lawfully and you are injured due to the negligence of the property owner, then you may have a slip and fall claim. New York premises liability laws make property owners responsible for the construction, maintenance, and security of a place of business or a building, as well as personal property, such as a residence or a parcel of land.
What are common types of slip and fall cases?
If you have been injured due to the negligence of a property owner in any of these situations, then you may have a case:
- Structural defects and poor surface conditions: Whether indoors or outdoors, a property owner is responsible for ensuring the proper construction and maintenance of their property. For instance, if you are at the grocery store and you injure yourself tripping over a crumbling section of floor tile, you may have a slip and fall claim.
- Inclement weather: New Yorkers are well-experienced in handling poor weather conditions, but many property owners do not take the necessary steps to ensure the safety of others. If you are taking your dog for a walk and you slip on a sidewalk because the owner didn’t property clear snow and ice, then you may have grounds to sue.
- Improper lighting and safety precautions: Even seemingly small details are important when it comes to property maintenance. A burnt-out lightbulb in an entryway or a missing railing from the staircase to your dentist’s office can lead to significant, unexpected injuries.
- Spills: Accidents happen, but if you are injured because a food, beverage, or other type of liquid has spilled on a surface and the property owner is aware of the spill and fails to clean it up in a timely manner and/or does not provide adequate warning, then you may have a case.
The list above is not all-inclusive, so even if you don’t see your specific incident listed, contact David Carr & Associates to determine whether or not you have a viable claim.
What should my initial steps be if I have experienced slip and fall injuries?
New York State has a three-year statute of limitation during which you can sue a property owner for injuries you received as the result of a dangerous condition on the owner’s property. Make sure you follow these important steps to increase the odds of a successful case:
- Alert the property owner immediately; if the owner is not present, alert him or her as soon as possible after your slip and fall accident. In certain cases, it may be difficult to determine the exact property owner. For example, a large corporation may own a retail plaza, but each store may have an individual owner. The corporation may be responsible for the common areas- the sidewalk and parking lot, for instance—but the individual store owners may be responsible for the inside of each store in the plaza. Be sure you are alerting the appropriate individual(s) or company(-ies).
- Seek immediate and appropriate medical attention. If you have difficulty moving, wait for emergency medical personnel to avoid further injury.
- Keep copies of all documentation, including, but not limited to: the report filed with the property owner; medical bills; hospital, doctor, and specialist visits; and the number of missed work days and the resulting lost wages.
- Contact an experienced personal injury attorney at David Carr & Associates. We can help you determine whether you have grounds to sue a property owner and can also assist you in determining whether you also have any other types of claims. For instance, if a slip and fall resulted in the death of a loved one, you may also be able to file a wrongful death claim. Likewise, if you experienced a slip and fall at work, it may be advisable to file a workers’ compensation claim. If possible, contact us before you speak with the defendant’s insurance company. You need proper representation when dealing with a defendant or an insurance adjuster to help ensure that you receive the appropriate compensation for your slip and fall injuries.
- Don’t share information on social media. In a technologically-driven world, it’s commonplace for individuals to share extensive personal details on social media. If you have been injured in a slip and fall incident, then it’s best to stay off social media. The defendant’s lawyers and insurance company will be looking for any posts that will help dispute your injury claims.
If you have been injured in a slip and fall accident, then contact David Carr & Associates today. We are the slip and fall lawyers in Buffalo NY and NYC residents rely on to win.