Slip and fall accidents resulting in injuries can happen anywhere in New York City. If you were hurt in such an accident and the negligence of another party caused it, you have the right to pursue a legal claim. You could receive compensation for your medical bills, pain and suffering, and other assorted damages related to your injury.
The NYC slip and fall lawyers at Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., have extensive experience achieving success in complex slip and fall injury cases. But to secure the positive outcome you’re looking for after a serious fall, there are some critical things to remember and do toward building your claim.
About Slip and Fall Accidents in NYC
Many think slip and fall accidents happen mainly on wet grocery store floors. That is not necessarily the case. They can happen on the MTA subway platforms, high-rise office buildings, apartment complexes, city sidewalks, crumbling parking lots, and all commercial and private properties.
Aside from where they happen, another important thing to know about slip and falls is that if an accident causes injuries and happens because a property owner or manager did not correctly maintain their property or did not provide adequate notice of hazards, they can be held liable through an insurance claim or lawsuit.
6 Ways to Protect Your Slip & Fall Claim
Here are six things you should do after a slip and fall injury accident to build and benefit your claim.
1. Report and Document the Accident
After a slip and fall in NY, report the incident to the property operator or manager. Document the scene by taking photos and/or video of the wet floor, damaged sidewalk, or other hazard that caused you to slip or trip.
If there were eyewitnesses, obtain contact information from them. Make notes about conditions at the accident site while it is still fresh in your mind. Preserve the footwear and clothing you were wearing as evidence. And most importantly, seek medical attention.
2. Get Medical Attention Right Away
Dangerous falls can result in broken bones, head trauma, internal injuries, and other harm. Even if you don’t feel injured, seek a doctor for a thorough medical checkup for your well-being. Serious injuries are not always immediately apparent.
Medical records of your injuries will also be crucial evidence for your claim. Consider keeping a diary of your pain levels and how injuries affect your daily life.
3. Understand Your Rights and Legal Procedure
Property owners have a duty to keep their properties safe for visitors. If a property owner, in your case, failed in that duty and caused your slip and fall accident, they may be held liable. However, proving responsibility is not easy as the property owner is unlikely to admit fault willingly.
Proving negligence requires showing that the property owner owed you a duty of care, the owner failed in that duty, you were injured as a result, and you suffered damages.
Imagine your case involved falling and breaking your wrist in a large retail store on a wet floor. The store owner may have neglected their duty of care to keep the premises safe, evidenced by their knowledge of a spill that was not promptly cleaned or marked with a warning. This oversight must be directly linked to the incident because you slipped and fell due to the unattended spill, resulting in tangible harm. The consequences are quantifiable because of the costs of treating your broken wrist. Successfully proving these elements with solid evidence is crucial for your claim.
4. Know How to Handle Insurance Companies
When dealing with insurance companies, keep in mind that they are in business to make money. Anything you say could be used against you later. Limit communication with the property owner’s insurance company and the property owner. If you must speak to them, stick to the basic facts or, better yet, refer them to your attorney.
Do not make a recorded statement. Do not post about the accident or your post-injury activities on social media. If you receive a settlement offer, show it to your attorney for review. It most likely will be a low-ball offer designed to get you to settle quickly.
5. Hire a Personal Injury Lawyer
Personal injury lawyers focus their careers on helping victims of negligent accidents get compensation. They know how to communicate and negotiate with insurance companies. Experienced trial attorneys are skilled at representing their clients when fair settlements cannot be reached. With an experienced attorney, you stand a significantly greater chance of securing maximum compensation than you would if you go it alone.
6. File Within the Statute of Limitations
New York has a three-year statute of limitations for filing personal injury lawsuits. The clock generally begins running on the day of the slip-and-fall accident. There are some exceptions to this deadline, so don’t give up if you are close to it. Your attorney can provide specific deadlines for your case.
Remembering to do these crucial things will help your attorney build a strong case and increase your chances of getting the desired result.
Premises Liability in NYC is More Than Slip & Falls
Premises liability in New York City encompasses much more than slip and fall accidents. Residents and visitors must be aware of all sorts of property dangers the city’s dense urban environment poses. Malfunctioning elevators, defective escalators, broken staircases, scalding burn injuries from excessively hot water or steam, and even the potential for ceiling collapses in poorly maintained buildings represent significant risks.
Each hazard requires property owners to maintain a high standard of care to prevent accidents. Understanding the breadth of premises liability is crucial for those injured due to negligence, as it affirms your right to seek compensation for a wide range of incidents beyond slip and falls.
Contact an Experienced Slip & Fall Attorney at HKD
After a slip and fall accident in which you were injured, gather as much evidence as you are able. Then, seek immediate medical attention and limit communications with the at-fault party’s insurer. Finally, get experienced legal counsel with a successful record in similar slip and fall cases. Taking the proper approach after such an accident will significantly increase your chances of a fair outcome.
Remember, you are absolutely within your rights to seek compensation when you’ve been injured in a fall caused by the negligence of another party. At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our attorneys will stand up for your interests, whatever it takes. Contact HKD today at (212) 490-5700 or online to learn how we can help you.
Free consults are available, and there are no fees unless we recover compensation.