Each year, countless New York residents take a tumble, but most can get back up and go on with their day. But some slip and fall or trip and fall accidents result in serious injuries. Victims need immediate medical care, and their bills are often considerable. What can you do?
Fortunately, Poltielov Law Firm P.C. is accepting clients who were hurt in a slip or trip accident. We can review your case, compile evidence, and seek compensation from the owner of the property where you fell. Give us a call to learn more. We will do everything possible to get you back on your feet.
Understanding Slip and Fall Accidents in Queens
Slip and fall accidents happen when someone loses their footing and falls due to a hazardous condition on someone’s property. These fall incidents are more than just embarrassing moments. They can lead to severe injuries that change lives forever. According to the National Floor Safety Institute, falls account for over 8 million emergency room visits each year, making them one of the leading causes of personal injury accidents.
Queens slip and fall cases involve premises liability, which means property owners can be held liable when their negligence causes someone to get hurt. Whether a fall accident occurs at a grocery store, on a sidewalk, or at a friend’s home, the principles of liability remain the same. The injured party must show that the property owner failed to keep their property reasonably safe.
Slip and fall injuries range from minor bruises to life-altering conditions. Understanding your rights after a fall accident is the first step toward getting the compensation you deserve. Our Queens slip and fall lawyer can help you understand how New York law applies to your situation.
Hazards that Send People Tumbling
People can slip or trip almost anywhere. But most are hurt in falls in stores, government buildings, parking lots, and on private property. Some of the more common hazards include:
- Ice
- Snow
- Spilled liquids
- Extension cords
- Uneven floorboards
- Torn carpets
- Poor lighting
- Crumbling or defective staircases
- Trash
- Freshly mopped floors
Many of these hazards were created by the property owner or by another visitor, and the owner failed to warn visitors or fix the hazard. You should not have to suffer financially for their lack of care.
Weather-Related Hazards
Winter weather creates particularly dangerous conditions for pedestrians in Queens. Ice and snow on parking lots, sidewalks, and building entrances cause thousands of fall accidents each year. Property owners have a duty to clear these hazards within a reasonable time after a storm ends. When they fail to remove ice and snow, they put visitors at risk of serious injuries.
Poor lighting makes weather hazards even more dangerous. When walkways are poorly lit, people cannot see ice patches or snow accumulation until it’s too late. Property owners must provide adequate lighting in all areas where visitors are expected to walk, especially during winter months when darkness falls early.
Indoor Hazards
Indoor fall incidents often involve wet floors, freshly mopped surfaces without warning signs, torn carpeting, or debris in walkways. Grocery stores and retail locations are common sites for these accidents. Spills that are not cleaned up promptly create slippery conditions that can cause severe injuries.
Uneven flooring, loose tiles, and worn carpets are also major causes of fall accidents. These conditions develop over time as buildings age. Property owners must regularly inspect their properties and repair these hazards before someone gets hurt. When they ignore maintenance needs, they can be held liable for resulting injuries.
Outdoor Hazards
Broken sidewalks, crumbling steps, and uneven pavement cause many outdoor slip and fall accidents. These conditions are especially common in older neighborhoods where infrastructure has deteriorated. Property owners are responsible for maintaining walkways on their property, including sidewalks adjacent to their buildings.
Parking lots present unique hazards, including potholes, cracked pavement, poor drainage leading to puddles, and inadequate lighting. Shopping centers and businesses must keep their parking lots in a safe condition. When a fall accident occurs due to a poorly maintained parking area, the property owner may be liable.
Fall Injuries
Many falls cause no more than a slight bruise. But others cause traumatic injuries, such as concussions, fractures, neck injuries, back injuries, and paralysis. Someone who trips or slips can also injure themselves when they wrench their bodies to avoid the fall. Common injuries include strains, sprains, and pinched nerves.
If you fell down a flight of stairs, you probably suffered an injury with each contact with the steps on the way down. Some falls are even fatal.
Please head to the hospital soon after falling. A doctor can order tests to fully understand the extent of your injuries. You should also keep all medical bills and insurance statements that show the cost of your care.
Types of Slip and Fall Injuries
Slip and fall injuries vary widely in severity. Head injuries are among the most dangerous, ranging from minor concussions to traumatic brain injuries that cause permanent cognitive problems. Even a seemingly minor bump to the head should be evaluated by a doctor, as symptoms of serious brain injury can develop over time.
Broken bones are extremely common in fall accidents. Wrists often break when people try to catch themselves. Hip fractures are particularly serious for older adults and often require surgery and lengthy rehabilitation. Ankle and leg fractures can also occur, especially when someone falls down stairs.
Spinal cord injuries can result from serious fall accidents. These injuries may cause temporary or permanent paralysis, chronic pain, and loss of sensation. Back injuries, including herniated discs and compression fractures, are also frequent outcomes of slip and fall accidents. These injuries often require extensive physical therapy and sometimes surgery.
Long-Term Impact of Fall Injuries
Fall injuries can have lasting effects beyond the initial pain and medical treatment. Many fall victims face months of recovery that prevent them from working, leading to significant lost wages. Some injuries result in permanent disabilities that affect a person’s ability to earn income in the future.
The emotional toll of severe injuries from a fall accident should not be overlooked. Many people develop anxiety about falling again, which can limit their daily activities. Others struggle with depression during long recovery periods. These non-economic damages are just as real as medical bills and deserve compensation.
Who Is Responsible for Your Slip and Fall Accident?
Determining liability in Queens slip and fall cases requires understanding premises liability law. Property owners have a legal duty to maintain safe premises for visitors. When they fail in this duty, and someone gets hurt, they can be held liable for the resulting damages.
Different types of visitors receive different levels of protection under New York law. Invitees, such as customers in stores, receive the highest duty of care. Property owners must regularly inspect for hazards and either fix them or warn invitees about them. Licensees, such as social guests, are owed a duty to be warned about known hazards. Even trespassers may have some protections in certain situations, especially children.
Property owners cannot ignore obvious hazards and claim they did not know about them. If a condition existed long enough that a reasonable inspection would have discovered it, the owner is considered to have constructive notice. This means they should have known about it, even if they did not actually know.
Proving Property Owner Negligence
To succeed in a slip and fall case, you must prove negligence. This means showing that the property owner failed to act reasonably to keep their property safe. Your Queens slip and fall attorney will gather evidence to demonstrate several key facts.
First, we must show that a hazardous condition existed on the property. Photographs of where the fall happened are extremely valuable. Witness statements from people who saw the hazard or your fall also help build your case. Medical records documenting your injuries prove the harm you suffered.
Second, we must prove that the property owner knew or should have known about the hazard. Maintenance records, incident reports from previous accidents, and testimony about how long the condition existed all help establish notice. If other people complained about the same hazard before your accident, this strongly supports your case.
Multiple Parties May Be Liable
Some fall accident cases involve multiple responsible parties. For example, if you fell at a shopping mall, both the store where you fell and the mall owner might share liability. Property management companies that handle maintenance for building owners may also be responsible when their negligence causes fall accidents.
In cases involving defective products or construction defects, manufacturers or contractors might share blame. Your experienced Queens slip and fall lawyer will identify all potentially liable parties. This increases the available insurance coverage and improves your chances of receiving full compensation for your injuries.
Can You Sue for Compensation?
Slip/trip and fall cases turn on whether the property owner was negligent in maintaining their property. A key consideration is whether they knew of the hazard that caused you to trip or slip. If they did, and they didn’t try to warn you or fix it, then they are probably liable.
Another consideration is why you were on the property. If you were there legally, then you have a stronger case than if you were trespassing. The law is different for children drawn to the property by an attractive nuisance like machinery or abandoned appliances.
Ideally, you should get a photograph of the hazard that caused your fall. For example, if you slipped on a puddle of water in the grocery store, try to get at least one picture. The same is true if you slip on ice or snow—they can melt in a matter of hours.
Compensation Available in Slip and Fall Cases
Accident victims of slip and fall accidents can seek compensation for various types of damages. Understanding what you can claim helps ensure you pursue full and fair compensation for all your losses.
Economic damages include medical bills for emergency care, surgery, hospital stays, medications, and ongoing treatment. You can also recover damages for future medical needs if your injuries require long-term care. Lost wages for time missed from work are fully compensable, as is reduced earning capacity if your injuries prevent you from returning to your previous job.
Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. These damages are just as real as economic losses, even though they cannot be measured in dollars and cents. Your fall injury attorney knows how to present evidence of these intangible losses to insurance companies and juries.
In rare cases involving particularly reckless behavior by property owners, punitive damages may be available. These damages punish the wrongdoer and deter similar conduct in the future. Your Queens slip and fall attorney will evaluate whether your case might warrant punitive damages.
The Legal Process for Slip and Fall Claims
Understanding the legal process for fall claims helps reduce anxiety about pursuing compensation. Most slip and fall cases follow a similar path from initial consultation to resolution.
Initial Consultation and Case Evaluation
The process begins with a free consultation with a Queens slip and fall lawyer. During this meeting, you explain how the fall happened, where the accident occurred, and what injuries you suffered. Your attorney will review any evidence you have, including photographs, medical records, and witness information.
Your fall accident lawyer will assess the strength of your premises liability claim and explain your legal options. This free case evaluation helps you understand what to expect and whether pursuing a claim makes sense for your situation. There is no obligation to hire the attorney after this consultation.
Investigation and Evidence Gathering
Once you hire a slip and fall attorney, they begin investigating your accident. This includes visiting the accident scene to document conditions, interviewing witnesses, and obtaining relevant records. For fall accidents in stores, this might include surveillance footage, incident reports, and maintenance logs.
Your legal team will also gather evidence of your damages. This includes collecting medical records, bills, proof of lost wages, and documentation of how your injuries have affected your life. Strong evidence is important for building a successful slip and fall case.
Filing Your Claim
Your fall injury lawyer will file a premises liability claim with the party’s insurance company or, if necessary, file a lawsuit in court. Most initial claims are submitted to the other party’s insurance company for consideration. The claim details how the property owner’s negligence caused your accident and what compensation you deserve.
New York law gives you three years from the accident date to file most personal injury cases, though some exceptions apply. However, waiting too long can make your case harder to prove. Evidence disappears, memories fade, and witnesses become difficult to locate. Contact an experienced slip and fall attorney as soon as possible after your accident.
Dealing with Insurance Companies
Insurance company representatives often contact fall victims quickly after accidents occur. They may seem friendly and offer to settle your claim right away. However, their goal is to minimize payouts. They work for the property owner, not for you.
Before speaking with an insurance company, consult with an experienced Queens fall attorney. Adjusters may try to get you to give recorded statements that they will later use against you. They might ask leading questions designed to make you admit partial fault for the accident. Anything you say can be taken out of context.
Initial settlement offers from insurance companies are usually far too low. They do not account for future medical needs, long-term impacts on earning capacity, or the full extent of your pain and suffering. Your fall accident attorney reviews these offers and advises whether they represent fair compensation.
Negotiating a Fair Settlement
Your Queens slip and fall lawyer handles all communication with the insurance company. We present a demand that outlines the property owner’s negligence, the extent of your injuries, and the full value of your damages. This demand includes supporting documentation like medical records, expert opinions, and proof of lost wages.
Negotiations often involve multiple rounds of offers and counteroffers. Your experienced attorney knows how to counter the tactics that insurance companies use to minimize payouts. We push for maximum compensation that reflects the true cost of your injuries.
Most fall cases settle through negotiation. However, if the insurance company refuses to make a reasonable offer, we are prepared to file a lawsuit and take your case to court. Having law firms with a strong track record of trial success often motivates insurers to make better settlement offers.
Why Choose Poltielov Law Firm P.C. for Your Fall Case
Our firm brings significant experience to Queens slip and fall cases. We understand premises liability law and know how to build strong cases against even the most resistant property owners and insurance companies.
We work on a contingency fee basis, meaning you pay no upfront costs. We only get paid if we win your case. This allows accident victims to access quality legal representation regardless of their financial situation. Our focus on securing maximum compensation means we are motivated to achieve the best possible outcome for you.
Our Approach to Slip and Fall Cases
Every slip and fall accident requires a personalized strategy. We begin by thoroughly investigating where the fall happened and how it occurred. We document dangerous conditions, gather witness statements, and obtain all relevant records. We also work to prove that the property owner knew or should have known about the hazard.
Our legal team has handled hundreds of fall cases and understands what it takes to win. We know which experts to consult, which evidence matters most, and how to present your case effectively. Whether negotiating with insurance companies or presenting your case in court, we fight aggressively for your rights.
Our Track Record of Success
Our firm has secured substantial compensation for numerous fall victims throughout Queens and New York City. Our track record speaks to our ability to achieve strong results for our clients. We have successfully handled cases involving all types of fall incidents, from simple trips on broken sidewalks to complex cases involving severe injuries from falls down stairs.
We understand that negligence played a role in your accident, and we are committed to holding responsible parties accountable. Our experienced slip and fall attorneys know how to prove liability and overcome the defenses that property owners and insurance companies raise. We fight for every dollar you deserve.
Common Challenges in Slip and Fall Cases
Fall accident cases often face challenges that require skilled legal representation to overcome. Understanding these challenges helps you see why hiring an experienced Queens slip and fall attorney is so important.
One common challenge is the property owner’s claim that they did not know about the hazard. They may argue that the condition just appeared moments before your fall. Your attorney must gather evidence showing how long the hazard existed and whether reasonable inspections would have discovered it.
Another challenge is the insurance company trying to blame you for the accident. They may claim you were not watching where you were going or that the hazard was obvious. New York follows a comparative negligence rule, which means your compensation can be reduced if you were partially at fault. Your fall attorney must minimize these comparative fault arguments.
Importance of Immediate Action
Taking prompt action after a fall accident is important for protecting your rights. As time passes, evidence disappears. Snow and ice melt. Spills get cleaned up. Witnesses forget details or move away. Property owners may repair the dangerous conditions that caused your accident, making it harder to prove negligence.
Seeking immediate medical attention after where the fall occurred also strengthens your case. Delays in treatment give insurance companies ammunition to argue that your injuries were not serious or were caused by something else. Your medical records should document your injuries as soon as possible after the accident.
Contacting a Queens slip and fall lawyer quickly allows us to begin investigating while evidence is still fresh. We can visit the accident scene, take photographs, and interview witnesses while their memories are clear. This early action often makes the difference between a successful claim and a denied one.
Frequently Asked Questions About Slip and Fall Cases
What Should I Do Immediately After a Slip and Fall Accident?
First, get medical attention for your injuries. Even if you feel okay, some injuries like traumatic brain injuries may not show symptoms right away. Report the fall accident to the property owner or manager and ask them to document it. Take photos of where the fall happened and the condition that caused it. Get contact information from any witnesses. Do not give detailed statements to the property owner or their insurance company without consulting a fall injury attorney first. Contact a Queens slip and fall lawyer as soon as possible to protect your rights. Many attorneys offer a free consultation to review your case.
How Long Do I Have to File a Slip and Fall Claim in New York?
New York law generally gives you three years from the date of injury to file personal injury cases. However, some exceptions apply. Claims against government entities often have much shorter deadlines, sometimes just 90 days to file a notice of claim. Do not wait to contact an experienced slip and fall lawyer. The sooner you act, the stronger your case will be. Evidence fades over time, and memories become less reliable. Contact a fall accident attorney soon after your accident to ensure important evidence is preserved.
What If I Was Partially at Fault for My Fall?
New York follows a pure comparative negligence rule. This means you can recover damages even if you were partially responsible for your accident. However, your compensation will be reduced by your percentage of fault. For example, if your total damages are $100,000 and you were 20% at fault, you would receive $80,000. The insurance company will try to maximize your fault to reduce what they have to pay. Your slip and fall lawyer will work to minimize comparative fault arguments by showing that the property owner’s negligence was the primary cause of your accident. Even if you bear some responsibility, you can still seek compensation for your injuries.
How Much Is My Slip and Fall Case Worth?
The value of slip and fall cases varies widely based on many factors. The severity of your injuries, the amount of your medical bills, your lost wages, and the impact on your quality of life all affect your case’s value. Severe injuries like traumatic brain injuries, spinal cord injuries, or broken bones that require surgery typically warrant higher compensation. The strength of evidence showing the property owner’s negligence also matters. Cases with clear proof that the property owner knew about the hazard and failed to fix it often settle for more. Your fall injury lawyer can evaluate your specific case during a free consultation and give you an estimate of its potential value.
Will My Case Go to Trial?
Most fall cases settle without going to trial. Trials are expensive and time-consuming for both sides, so insurance companies usually prefer to negotiate settlements. However, if the insurance company refuses to offer fair compensation, your attorney may need to file a lawsuit and take your case to court. Having an experienced attorney with a strong track record of trial success often motivates insurance companies to make reasonable settlement offers. They know that your attorney is willing and able to win at trial if necessary. Your Queens slip and fall lawyer will prepare your case thoroughly from the start, whether it settles or goes to trial.
What If the Property Owner Has No Insurance?
Some property owners have no insurance or insufficient coverage to compensate you fully. In these situations, your attorney may explore other options. You might be able to recover damages directly from the property owner’s personal assets, though this can be challenging. Your own insurance policies may also provide coverage in some situations. Your fall accident lawyer will investigate all possible sources of compensation. In some cases, multiple parties share liability for the accident, providing additional insurance coverage. An experienced Queens slip and fall attorney knows how to identify all potential defendants and maximize available compensation.
Can I Handle My Slip and Fall Claim Without a Lawyer?
While you can file a premises liability claim on your own, hiring an experienced Queens fall attorney significantly improves your chances of success. Insurance companies have teams of adjusters and attorneys working to minimize payouts. They know how to take advantage of unrepresented claimants. A personal injury attorney knows how to prove liability, gather evidence, calculate the full value of your damages, and negotiate effectively with insurance companies. Most slip and fall attorneys work on a contingency fee basis, so you pay nothing unless you win. The increase in compensation that an attorney typically secures often far exceeds the attorney’s fee.
Call Us Today For a Free Consultation
An experienced New York slip/trip and fall attorney at Poltielov Law Firm P.C. can review the facts of your case and discuss the odds of receiving a settlement. Contact us or call us now at 718-880-2911.
Do not let property owners avoid responsibility for their negligence. If you suffered injuries in a slip and fall accident on someone else’s property, you deserve compensation. Our Queens slip and fall lawyer will fight to prove liability, hold responsible parties accountable, and secure the maximum compensation for your injuries.
Whether your accident involved ice and snow, wet floors, broken sidewalks, poor lighting, or any other hazardous condition, we are here to help. We have handled countless fall cases throughout Queens and know how to overcome the challenges these cases present. Contact us today for your free consultation and learn how we can help you recover the compensation you deserve. In cases of wrongful death from fall accidents, we also represent families seeking compensation for their tragic losses.