Slip and fall accidents are one of the most common types of accidents. Depending on how you fall down and what state you were in before the injury, slip and falls can be surprisingly serious injuries. Especially if you hit your head or injure your back, you could be looking at long-term disabilities and medical care needs after an accident.
Our slip and fall lawyers can help with your slip and fall case by determining how the accident happened, looking into who would be held liable for the accident, and helping you get your damages paid. Whether the case is ultimately settled through insurance or fought at trial, our attorneys can represent you and your interests.
For your free case review, call The Carrion Law Firm’s Hempstead slip and fall lawyers at (718) 841-0083.
Determining Fault for Slip and Fall Accidents in Hempstead, NY
It often seems that falling down because of a slippery floor or a tripping hazard is just an “accident” and that no one is to blame. Legally speaking, that is often not the case, and there could be one or multiple parties at fault for your resulting injuries.
Property owners are liable to guests for many injuries that occur on their property. The standard used to determine fault is whether there was a duty to the guest. In the case of most customers, clients, and social guests, the owner has a duty to clear up hidden dangers and warn them of other dangers. When they fail to do so, and a slip and fall happens because of it, the property owner can be held liable.
Operators of the property might share fault in place of the owner in many situations. For example, a store that rents their commercial space is usually held liable in place of the property owner, since the store operates the day-to-day aspects of the premises. The same is true for tenants at residential properties – though their duties might be split with a landlord or property manager. For example, most slip and falls inside an apartment unit will be the tenant’s fault, but slip and falls in common areas like hallways, laundry rooms, stairwells, sidewalks, and parking lots could be the property owner/landlord’s fault. Often when it comes to injuries in an apartment, the lease agreement will dictate who is responsible for which areas of the premises.
Generally speaking, proving fault requires showing that the owner knew about the danger and failed to repair it. For example, evidence that someone reported a spill to a grocery store worker will be helpful in proving that the grocery store knew about the spill and was liable for a slip and fall in that spill. It is also generally expected that obvious hazards need no warning and that people can typically avoid them on their own.
Compensation for Slip and Fall Injuries in Hempstead, NY
If you fall on someone else’s property and suffer injuries, you could end up facing medical expenses and even missed time at work because of your injuries. If you hit your head during the fall, you could be left with long-term disabilities that require more substantial medical care or even home nursing care and help around the house with daily tasks. These issues could entitle you to seek damages from the at-fault party.
In many cases you could be entitled to insurance claims against the property owner or operator. Homeowners often have insurance to cover injuries on their property, and businesses almost inevitably have some kind of coverage. Our slip and fall lawyers can negotiate with insurance to get these damages paid.
In many cases, insurance companies are unwilling to settle for a fair value – or they are unwilling to admit their customer’s fault in any way. When this happens, our slip and fall lawyers might have to take your case to court to get you the damages you need. In a lawsuit, we can have a neutral judge and jury decide your case instead of the insurance company. We can present evidence and testimony about what happened to you and show the jury how much your case is worth by providing pay stubs, financial records, receipts, and your testimony about how the accident affected your daily life.
Often, damages are broken down into two categories: economic and non-economic damages. Economic damages cover the expenses you faced and the financial harm the accident caused you, such as medical expenses and lost wages. Non-economic damages cover the pain and suffering and other intangible harms the accident caused you. You could also be entitled to punitive damages to punish the defendant in some cases, but these damages are rare and generally require showing the defendant had knowledge that what they were doing was dangerous.
When to Contact a Lawyer After a Hempstead Slip and Fall Accident
You should contact our slip and fall accident attorneys as soon as you can after your accident. Delaying might mean that evidence is lost, especially when it comes to photos of the scene – which need to be taken before the scene is repaired or cleared up to be the most accurate – and security footage of the accident – which could be overwritten within mere days.
Our lawyers can also help track your recovery process and keep records of the damages you faced, such as medical bills, as you move toward healing. We can also fight to get cases settled quickly, with less delays if you contact us right away.
Call Our Hempstead Slip and Fall Lawyers for a Free Case Review
If you were hurt in an accident, contact our slip and fall lawyers from The Carrion Law Firm by calling (718) 841-0083 for a free consultation.