Slip and fall accidents can sometimes cause severe injuries, especially if the accident takes place in a slippery place or high place. Victims have been known to suffer brain injuries and bone fractures. Many of these accidents could be avoided with preventative measures. If you or a loved one was hurt because of unsafe conditions at a business, apartment complex, or someone else’s home, a Clarkstown slip and fall lawyer can help you file a claim for compensation.
Our personal injury attorneys at Cellino Law have decades of experience handling slip and fall cases. We will guide you through the legal process so you can focus on recovering. Call today for a free consultation and find out about your legal options.
What Are the Most Common Causes of Slip and Fall Accidents In NY?
The most common causes of slip and fall accidents in this region are the following:
- Slick or wet floors
- Poor lighting
- Curled carpeting
- Broken pavements and potholes
- Negligence by staff for not cleaning after harsh weather conditions such as rainstorms or snowstorms
How Can a Clarkstown Slip And Fall Lawyer Help With Your Case?
A Clarkstown slip and fall attorney will do more than just file your claim. With the help of an attorney, you can determine how much your case is worth. Furthermore, your slip and fall attorney will also make sure that you get fair compensation for injuries sustained. You can also rely on your attorney to represent you in court even when you are still recovering.
What Steps Can Be Taken to Help a Slip and Fall Case?
Sometimes slip and fall cases take longer to be concluded, especially if establishing fault is complicated. If you get involved in this type of accident, make sure that you do the following to help your case:
Record or Take Photos of the Scene
Recording or taking photos of the scene can help determine the cause of the accident. Your lawyer can also use photos or the footage recorded as evidence when filing your injury claim against the party held liable.
Report the Incident to a Manager
Whether the slip and fall accident took place in a store or at a workplace, it is important that you report the matter to someone who is in charge such as a supervisor or manager. After reporting the matter, ask the supervisor or manager to write a report and give you a copy.
Take Down the Names and Numbers of Witnesses
It is also vital that you talk to potential witnesses who are at the scene and take down their names and contact information.
If You Need Medical Attention, Get It Immediately
If you sustain severe injuries as a result of the slip and fall accident, see a doctor as quickly as you can and seek treatment. Some injuries may be recognized immediately while others take time to show any symptoms. Therefore, let a health specialist determine that you are in good health.
If You Can, See the Problem Is Addressed Right Away
If you are aware of what caused the slip and fall accident, addressed the matter right away so that someone else does not become a victim.
How Can a Slip And Fall Accident Be Proved?
The property owner can be held liable if he or she was aware of the hazardous condition but failed to fix the problem or warn others using warning signs. Moreover, your lawyer will use photos and the accident report as proof of your claim.
Furthermore, a slip and fall lawyer can also use other forms of evidence such as recorded footage to prove that the victim was not aware of the dangerous condition when the accident occurred.
How Is Liability Determined In a New York Slip and Fall Case?
After a slip and fall accident, liability is determined based on the comparative negligence rule. According to this particular rule, your settlement could be reduced if the jury determines that you were also at fault by a certain percentage. Moreover, you might as well be asked the following questions;
- Did you have a good reason to be where the slip and fall accident occurred?
- Would a person of reasonable caution avoid the same situation if he or she was aware of the dangerous condition?
- Did the property owner give any warning of the dangerous condition that led to your slip and fall accident?
- Were you engaging in any activities that contributed to your slip and fall injury?
How Much Is a Slip and Fall Case Worth?
After being involved in a slip and fall accident, it is vital that you consult your attorney so that he or she can help you determine how much your case is worth. In Clarkstown, the following factors determine how much slip and fall cases are worth.
Medical Bills
The first factor that contributes to your settlement is medical bills. Make sure that you calculate all your damages include future treatment if recommended by the health specialist. The party held liable should compensate you for both present and future medical expenses related to your slip and fall injuries.
Lost Wages
If you fail to work as a result of the injuries sustained after the slip and fall accident, you can get compensated for lost wages since you are not in a position to work.
Incidental Expenses
Incidental expenses are any other expenses that arise in order to take care of the victim such as adjusting to the house if the victim is now using a wheelchair or in need of special care because of the injuries sustained.
What Are the Time Limits for Filing a Slip and Fall Lawsuit?
According to the state statute of limitations, slip and fall victims have a time limit of three years to file a personal injury lawsuit.
Contact Cellino Law About Your Clarkstown Slip and Fall Case
In the state of New York, falls are the leading cause of injury hospitalizations in children ages 0 to 14 and adults 25 and older. A slip and fall accident can cause serious injuries, such as fractures and traumatic brain injuries.
If you or someone you know has been involved in a slip and fall accident, call Cellino Law at (888) 888-8888 or contact us online to get a free case review. As a leading New York personal injury law firm, we have the experience and knowledge to handle your case. We charge no upfront fees, and you pay nothing unless we win!