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Slip and Fall Lawyer New York City
Slip and fall accidents cause many injuries each year, second only to motor vehicle accidents as the most common cause of accidental deaths. For more than 20 years, our New York personal injury attorneys at Silberstein, Awad & Miklos, P.C. have been representing individuals who were injured as a result of slip, trip and fall accidents.
Most of these cases involve negligence in the care and maintenance of retail stores, apartment buildings, government offices, municipalities, and more. Our New York slip and fall lawyers have been successful in obtaining full, fair, and just compensation for many clients throughout the New York City metropolitan and Long Island communities. Contact us today to request a free consultation.
How Slip and Falls Occur in NYC
Accidents involving a slip, trip or fall may be caused by stairs and walkways that are snowy, icy, or wet. They may also involve a variety of defects, such as food and foreign substances on floors. A knowledgeable New York slip and fall lawyer can successfully represent those who have been injured. Each client’s case involves unique aspects and must succeed on its own merits in order to be entitled to monetary compensation.
Common Injuries After a Slip and Fall
Many people think that injuries incurred in a slip and fall accident are only minor. Unfortunately, they can be catastrophic, and victims sometimes feel the impact of them for the remainder of their lives. Some of the most common injuries after a slip and fall include:
- Multiple broken bones
- Soft tissue injuries
- Spinal cord injuries, including partial or whole paralysis
- Traumatic brain injuries
- Head and face injuries
- Lost limbs
- Wrongful death
Accident victims who suffer from these injuries should contact a slip, trip and fall attorney immediately. Our experienced attorneys at Silberstein, Awad & Miklos, P.C. can help you recover compensation for your injuries.
Who is Liable for a Slip and Fall in NYC?
All property owners in New York City are required to ensure they maintain their property in a safe condition for visitors and guests to enter. Property owners owe visitors the highest duty of care. Property owners and managers must regularly inspect their property to identify potential hazards and risks. When a hazard is found, they are also responsible for correcting the issue right away. A failure to do this can result in injured individuals holding property owners liable for their injuries.
Pure Comparative Fault and Your Compensation
Slip and fall accident victims in NYC must understand that they too, can be held liable. New York is one of 13 states that follows a pure comparative fault system. This means that if you are injured on someone’s property but you were partly to blame for your injuries, you could be held liable and your compensation may be reduced.
To illustrate the idea of New York’s pure comparative fault system, consider the following example: If you visited a business in the winter and slipped and fell on ice in their parking lot, the business owner and their lawyers will try to find evidence that you were at fault. If they find that you were not wearing proper footwear to protect yourself from a fall due to ice and snow, that could hurt your claim.
Any time accident victims are found partly to blame for their accident, the amount of compensation they receive will be reduced. In the above example, an insurance company or judge may find that the business owner was 80 percent at fault for failing to clear their parking lot of ice and snow. They may also find that you were 20 percent at fault for failing to wear proper footwear to protect yourself. In this case, any compensation awarded to you will be reduced by the same 20 percent fault you held.
Steps to Take After a Slip and Fall Accident
Slip and fall accidents generally leave injured victims confused. They are suffering from serious injuries and may not know the appropriate steps to take. The most important steps to take after a slip, trip or fall accident include:
Your health is the most important priority after any accident. It is essential that you call for medical help right away so your injuries do not become worse. Additionally, if you do not seek medical help following an accident, the insurance company will use this against you. They will argue that you could not have been hurt, because you did not see a doctor for your injuries.
While involving law enforcement is not necessary after a slip and fall, you should still report the accident. Tell the property owner, manager, supervisor, landlord, or anyone that is in control of the property at the time. They may ask you to fill out a formal accident report. It is okay to fill this out, but make sure you ask for a copy.
When talking about the accident to the property owner or the insurance company, say as little as possible. Stick to only the facts, do not accept blame, and try to avoid getting emotional. You do not want to get into an argument and you want to avoid saying anything that could hurt your claim.
If there were witnesses to your accident, such as other customers in the store, ask them for their names and contact information. Their testimony may be crucial when proving your claim.
Pictures are essential after any accident, as they can help prove how the accident happened and who was at fault. Take picture of the hazard that caused the accident and the surrounding area, as that can prove that there were no warning signs. Taking pictures immediately after the accident is important, as it does not provide the property owner with time to correct the hazard. Be sure to also take pictures of your injuries, as these can help prove the extent of harm.
After a slip and fall accident, keep the clothes and shoes you were wearing. These can help prove that your property was damaged, which can be included in your claim.
It is essential to call an experienced New York slip and fall lawyer after an accident. If possible, do this even before speaking to the insurance company, which will likely call you soon after the accident. A lawyer can advise on the next steps to take, speak to the insurer on your behalf, and protect your claim at all times.
How Can a Lawyer Help with Your Claim?
After a slip and fall, many people attempt to file a claim on their own, without the help of an attorney. Although it is not required for injured individuals to work with a lawyer, it is highly recommended. While working on your claim, a slip and fall lawyer from Silberstein, Awad & Miklos, P.C. will:
- Hold insurance companies accountable when they try to deny or devalue a claim
- Investigate the accident to determine who is at fault and collect evidence that proves the claim
- Recover the full amount of compensation available to cover your losses
- Protect your rights when property owners attempt to shift the blame of the accident onto you
- Consult with leading experts in the field that who provide additional information and support regarding your claim
- Take over all of the legwork and the immense amount of paperwork involved in your claim so you can focus on your recovery.
Get Legal Help Today
If you are injured in a slip, trip, or fall accident, it is important that your family or a trusted friend helps you preserve the evidence as soon as the incident takes place. Take a picture of the accident location, record the condition of the area at the time of your fall, and make note of any signs and lighting fixtures in the area. Your goal is to record and preserve the scene of the accident as completely as possible.
If you have been injured in a trip or slip and fall accident, contact an experienced New York slip and fall lawyer at Silberstein, Awad & Miklos, P.C. today. The call is free and our premises liability lawyers only receive payment if we obtain money for you.