Queens Slip and Fall Lawyer
While they might not seem like it, slip and fall injuries can be much more serious than most people think. They can result in nerve and ligament damage that takes years to heal fully.
Fortunately, a skilled slip and fall lawyer in Queens can help you develop a strong legal case to prove the significance of your slip and fall injuries. Slip and fall accidents might also cause severe head injuries as the victim is unprepared for the impending accident. After suffering a slip and fall injury, the property owner could be liable. Still, if a tenant rents and is responsible for the property, then they will be the party most likely to be liable for your injuries.
If you have suffered a slip and fall injury because of another person’s negligence, our slip and fall lawyers can help you hold them accountable. For a free case review, contact The Carrion Law Firm at (718) 841-0083.
Common Types of Slip and Fall Accidents in Queens, NY
While slip and fall accidents might not seem like the most egregious type of mishap, they can be responsible for some of the most devastating injuries a person can suffer. Many slip and fall accidents result in painful nerve and ligament damage, often requiring surgery and extensive physical therapy. The following are common types of slip and fall injuries that occur in Queens:
- Knee fractures and injuries
- Nerve damage
- Ligament damage
- Torn ACL/MCL
- Hip fractures
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Concussions
- Facial and dental injuries
- Hand and wrist injuries
- Sprains and strains
- Soft tissue injuries
Many of these types of injuries can be deceptively worse than they first appear to a victim. Some victims are never the same after suffering a slip and fall injury. Our slip and fall lawyers can help you properly evaluate your injuries so that you do not miss out on important compensation you will need for future treatment and recovery.
How Soon to See a Doctor After a Slip and Fall Accident in Queens, NY
The thing about slip and fall accidents is that injuries can be unpredictable. Some people might walk away relatively unharmed while a bit embarrassed. Others might need emergency medical attention. Many others fall somewhere in the middle. Since healthcare is so expensive, and many people do not have health insurance, it can be tempting to put off going to the doctor after a slip and fall injury or avoid going altogether. For the sake of your legal case, do not do this. Get to a doctor right away.
There are a couple of good reasons why you should get to a hospital immediately after a slip and fall accident. First, even if you believe your injuries are non-serious and will heal on their own, you might be wrong. Many people have unseen internal injuries, or their minor injuries become much worse without immediate treatment.
Second, you should see a doctor as soon as possible because you need to start compiling medical records right away. Your medical records might be needed as evidence of your injuries and medical costs when we need to establish your damages. Getting to a doctor immediately might ensure the accuracy of your records, making them more reliable and compelling in court.
Who Can Be Held Liable for Slip and Fall Accidents in Queens, NY
Determining liability after suffering a slip and fall injury can be challenging. Many slip and fall accidents occur in private businesses open to the public, and it might not be readily apparent which party is liable for your injuries. Who you can sue for your slip and fall injuries will depend on who was responsible for the safety of the premises in which you were injured.
While individuals injured on a premises used to be divided into invitees, licensees, and trespassers to determine liability, New York no longer uses that standard. Now, the court uses one standard of care for all slip and fall cases, whereby the property owner’s or tenant’s duty is to “act reasonably to maintain safe conditions [given] all circumstances including [the] likelihood of injury, seriousness thereof and burden of avoiding risk, with [the] likelihood of plaintiff’s presence the primary factor in determining foreseeability.” Basso v. Miller (1976).
Business Owners or Tenants
Queens is home to many retail stores, restaurants, grocery stores, music venues, and other private businesses. In most cases, these businesses will not be the property owners, only leasing the space as tenants. The property’s tenant is typically responsible for the day-to-day safety of the premises.
Business owners leasing property owe customers, clients, and other guests a duty of care. They must regularly inspect and fix dangerous conditions and provide warning signs if the danger cannot be immediately addressed. To prove that the business owner or tenant was negligent, you must show that they knew or should have known the dangerous condition existed. The responsible party must also be given adequate time to fix the condition, so you must show that sufficient time has passed to address the defect. Our slip and fall lawyers can help you if you have been injured in a slip and fall accident because of a business owner or property tenant’s negligence.
Residential Property Owners
In other cases, the property owner will be directly liable for your slip and fall injuries. For instance, if your apartment building is owned and managed by the same party, they are likely responsible for the safe conditions of the building. This includes hallways, stairwells, and the sidewalk on the property. Suppose the property is owned by someone other than the property’s management company. In that case, the owner could still be held liable if they were responsible for the property’s inspection, upkeep, and security.
If you were injured in a private residence as a social guest, the property owner could be held liable for dangers they knew about but failed to warn of. Property owners owe a duty of care to those individuals invited onto the property. Our slip and fall lawyers can review your case to determine which parties are liable for your damages.
Recoverable Damages in a Queens, NY Slip and Fall Lawsuit
We must comb through the numerous details of your accident to accurately determine the extent of your damages. Your damages should account for pain, financial cost, emotional distress, and other injuries and losses that directly resulted from the accident. It is important to talk to an experienced attorney about this. Otherwise, you risk overlooking important damages, thereby minimizing your potential compensation.
We should begin by evaluating your injuries. Your physical injuries might have economic and non-economic components we need to consider. First, your injuries might lead to big hospital bills. Even if you have health insurance to help you, you might still have to pay expensive deductibles. If you do not have health insurance, as so many people do not, your bills might be totally unaffordable.
Your injuries might also come with a considerable amount of pain and emotional distress. Your injuries might be excruciating and take a long time to heal, meaning you must endure the pain for quite some time. To make things worse, many people feel deeply humiliated by the accident. Others might have to live with permanent injuries that change the way they live. In short, the aftermath of a bad slip and fall accident might take a steep psychological toll on you, and you deserve justice and fair compensation.
While you recover from your injuries and come to terms with the mental trauma of your injuries and the accident, you might be unable to work. As such, you might lose income, making it harder to pay for medical treatment and normal daily living expenses. We can assess how much income you have missed out on and add it to your claims for damages.
How Fault is Determined in a Queens, NY, Slip and Fall Lawsuit
It is also standard practice for the courts to evaluate your conduct to see if any action contributed to your injuries. Defense attorneys and insurance adjusters will often argue that the victim would not have been injured or injured as extensively had they been paying attention. Fortunately, you can recover damages even if you partially contributed to your accident under New York’s pure comparative negligence rule.
According to C.V.P. Law § 1411, any damages that the court awards you will be reduced by the percentage of liability you were found to have contributed to the accident. This can be illustrated with a simple example. If you prevailed in your slip and fall lawsuit and were awarded $100,000 for your damages, but the court determined you were 25% at fault, you would still recover $75,000. Further, New York’s comparative negligence law allows you to collect damages as long as you are not found 100% at fault for your injuries. Our slip and fall lawyers can help you determine if any conduct on your part could be seen as contributory and develop a legal strategy to address it.
Gathering Evidence to Support Your Slip and Fall Case in Queens, NY
Evidence can be tricky. Even when the defendant is definitely in the wrong, evidence to prove it might be hard to find. Just remember that the fact that evidence is hard to find or unavailable does not mean your claims are invalid, and your lawyer can help you build a strong case with even a few pieces of key evidence.
After an accident, it is a good idea to take pictures of the scene or even record videos if you can. After a slip and fall, property owners are usually quick to clean things up and fix any hazards or dangerous conditions that contributed to the accident. As a result, we might lose valuable evidence. Even if the property owner does not like you taking pictures, do it anyway. They might be the only images we have of what the scene looked like when you were hurt.
As discussed above, your medical records might be an important piece of evidence. They can be used to establish what injuries you suffered, the pain you endured, and the cost of medical care. Defenders often challenge these details, making medical records necessary in many cases.
Slip and falls are usually things we wish nobody saw. While this kind of thing can be embarrassing, we need to find people who saw you fall or otherwise have personal knowledge about the case. Witnesses might include people present during your accident. It might also include people with first-hand knowledge about the dangerous conditions on the defendant’s property that caused the accident.
We should also try to find security camera footage, if any exists. This might be important if your accident happened in a store, restaurant, or other business with security cameras. Footage of the accident might be among the strongest evidence in our arsenal.
Do I Need an Attorney for My Slip and Fall Case in Queens, NY?
Slip and fall accidents have a somewhat unfair reputation for being non-serious. As such, many people who want to take legal action sometimes think they do not need to hire an attorney to help them. This could not be a bigger mistake. Slip and fall accidents are very often serious matters, and legal action can be time-consuming and complicated. It is in your best interest to hire an experienced attorney.
Your lawyer can first help you assess your damages and find evidence. As discussed in more detail above, these are extremely important components of your case, and they might be difficult to deal with. Evidence can be hard to obtain, and damages might be far more extensive than you initially think. A lawyer can help you find the proof you need to get all your damages compensated.
Your lawyer can also assist you with preparing your complaint. The complaint is a formal legal filing that must include lengthy and specific details about your case. If the complaint is not drafted correctly and according to court formatting requirements, your case could be rejected. Your attorney should be able to draft a strong complaint while navigating all the complex procedures necessary to get your case into court.
Our Queens, NY, Slip and Fall Lawyers Can Help
If you were injured in a slip and fall accident, our slip and fall lawyers can help you get the compensation you are entitled to. Call The Carrion Law Firm at (718) 841-0083 for your free case assessment.