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NYC Slip And Fall Lawyer: A Complete Guide To Treatments And Settlements
Winter is the season of joy and festivals. House repairs, decorations, and preparation for the cold days are significant activities seen during winters. Unfortunately, with a lot going on, people often forget to notice their icy sidewalks, stairs, and parking lots, leading to slip and fall accidents. These accidents can happen during any season, but the icy paths make it more common during winters as owners don’t take their legal duties to take precautions at times.
Apart from snow, rain, or sleet, the other significant factor in a slip and fall incident is liability negligence. Failing to put warning signs on wet sideways, putting objects in the middle of walkways, or not maintaining clear side paths can result in severe injuries. The NYC law obliges premises and property owners to maintain clear sidewalks. A slip and fall victim can receive significant monetary rewards with representation from an excellent personal NYC Slip and Fall Lawyer.
Choose The Haicken Law Firm For Your Slip And Fall Case
The NYC law allows you to file a complaint against the property owner responsible for your injuries and sufferings, and with a good lawyer, you can win compensation. However, slip and fall cases are more challenging than you can imagine; therefore, choosing the right law firm becomes necessary.
The New York-based Haicken Law Firm has helped countless personal injuries slip, trip, and fall victims to justice with reasonable compensation. In addition, they provide proper professional support from their experienced lawyers. Haicken Law Firm is there for your support in your bad times.
Slip and fall cases can become complex if not proceeded carefully. The Haicken Law Firm makes sure that your case makes sense and enough shreds of evidence are on the table to ensure youâ€™re justified with fair recovery damage.
Attorney Matthew Haicken was my Personal Injury Lawyer against a major drug store chain. He was great, and followed through professionally, and kept me informed of his progress and plan of action at every stage. His diligence paid off with the settlement I had wanted. All medical and legal expenses were fully paid for, plus the settlement amount I had wanted for myself. I would highly recommend Attorney Matthew Haicken to litigate your case!
– Geoffrey Levy – 5/5 Stars âââââ
Matthew came as a recommendation from a friend and I couldnâ€™t have been happier working with him. He is affable, honest, strategic, and dogged. I trusted him wholeheartedly in the process and was very pleased with the outcome. What could have been a multi year lawsuit saw closure less than a year later, much thanks to him.
– Victoria Lo Mellin – 5/5 Stars âââââ
I highly recommend Haicken Law Personal Injury Lawyers for its excellent professionalism, which includes friendly and respectful treatment throughout the time they are working on the case. Haicken Law Personal Injury Lawyers is fully qualified in which you can appreciate and trust their experience in solving difficult situations. I will definitely recommend Haicken Law Personal Injury Lawyer to my friends for their dedication and professionalism to help others.
– Beatriz Clar – 5/5 Stars âââââ
Haicken Law Office LocationClick Here For Driving Directions
New York NY 10004
What Should I Do After A Slip And Fall?
- Unfortunately, if you are injured in such an incident, the priority to consider is your health. Check for injuries and assess yourself first.
- If you are hospital ridden or feeling severe pain, consider visiting a nearby hospital or contacting your family for support.
- As soon as you are conscious after the fall, start taking pictures of your injuries and surroundings from different angles, including the nearby businesses and landmarks. Make sure to show the accident-prone conditions that caused the fall in the first place.
- If you are not able to take pictures, ask for help from someone to do that for you. Try talking with witnesses and request them to go on record.
- Maintain a record of your medical expenses and income losses you faced by missing work due to injury.
- If you have medical insurance against slip and fall injuries, remember to claim your medical bills and expenses.
- Contact a decent NYC Slip and Fall Lawyer to seek compensation for your loss, like the lawyers at Haicken Law Firm, to provide assistance and proceed with legal actions.
Common Places For Fall Injuries
When a premises owner fails to maintain and protect visitors, patrons, or employees, the eventual outcome is someone getting seriously injured. Some common places for slip and fall cases are:
- Damaged and irregular sidewalks.
- The wet floor in a company, office, or apartment building.
- Wet and defaced stairs.
- Cluttered and deranged hallways and aisles.
- Sidewalks full of ice and snow around a premises.
- Unsalted icy sidewalks or roads.
- Dim or poor lit areas.
- Failure to place warning signs.
- Debris and unnecessary stuff lying around.
Any slippery or condemned area can lead to slip and fall. The negligence of maintenance and preventive measures accounts for the most common places for slip and fall injuries. Despite being their legal duty, major property owners carelessly avoid taking any precautions causing pain and suffering to others.
Frequent Types Of NYC Slip And Fall Accidents
The emergency rooms of hospitals in New York City are always flooded with slip and fall patients. There are several cases around different parts of the city with different causes of their fall injury. Yet, there is a common cause behind every fall, lack of responsibility to maintain a safe environment.
Some frequent types of slip and fall accidents involve accidents occurring on icy walkways, wet floors due to a leak in offices, people stumbling on clustered aisles, unwanted stuff lying around on the walkways, etc. This lack of awareness causes serious injuries like broken bones, traumatic brain injuries, spinal cord damage, and death.
A recent case was where a physical therapist lady from upper west side Manhattan slipped and fell off from a two-story balcony. The incident happened at a rooftop bar where she was having drinks with her friends. The bar did not follow proper safety railings and preventive measures that resulted in her breaking three vertebrae. This took her activeness from her and has left her with trauma for life.
Statistics And Facts About Fall Injuries
Here is a list of statistics and facts about slip and fall injuries worldwide.
- Over one million people are admitted to hospitals because of slip and fall injuries. The number is more than two thousand per day in the United States alone.
- The Centers for Disease Control and Prevention estimated the average cost of slip and fall cases over $30000. These cost some serious financial damage to many families.
- Among all the slip and fall cases, roughly five percent end up with broken bones. These often lead to a lifetime loss of function.
- Senior citizens constitute about one-third of the total cases of slip and fall. It is difficult for old aged people to heal fast, and they have to suffer longer.
- Certain studies have revealed that one of the major causes of brain injury is falling accidentally. Brain injuries often leave lingering effects and are critical to diagnose and treat.
- Apart from the brain injuries, the second most devastating injury from slip and fall is hip fracture. Slip and fall injuries constitute 95 % of hip fracture injuries worldwide.
- The total cost for slip and fall treatments across America is estimated to be %34 billion each year.
- On average, a slip and fall victim misses 11 days of work and causes trouble both to the victim and his company. Some serious accidents often lead to losing working capability forever.
- The hard part to believe is that only two percent of cases reach a jury trial. The ideal thing to do is to go to court and seek your loss.
Most Common Injuries from A Slip And Fall Accident?
The injuries involved in slip and fall incidents can vary from minor to severe injuries. These minor seeming accidents can turn your life upside down. Some common injury types are listed below:
- Broken bones and limbs leaving the hindered movement
- Soft tissue damage and tearing up of muscles
- Fractures and bruises involving back injuries
- Head injury causing intensive bleeding in some cases
- Spinal cord damage causing paralysis in some cases
- Traumatic brain injury (TBI) with brain malfunctioning
- In some cases with serious damage, even DEATH
What Is The Law For New York Slip And Fall Cases?
These accidents can change your life with some serious injuries. They cause a serious deal of pain, both physical and emotional, and leave you with mounting bills and financial setbacks.
To help slip and fall victims, New York Civil Practice Laws & Rules section 214 was framed, stating that a person injured in a slip and fall on someone else’s property can file a lawsuit against the property owner within three years of the incident. The same applies to harm to the property during a slip and fall accident, like breaking your expensive smartphone.
You are eligible for compensation for all of your losses if your attorney can stand the property owner at fault.
If I Am Drunk At a Bar and I Slip and Fall Can I Receive Compensation?
What Is Needed To Prove A Slip And Fall Lawsuit?
These cases are often hard to prove in court, as the defendant looks to prove youâ€™re careless as the reason behind the incident. Here are some tips to strengthen your case and stand a chance of winning it.
- The first thing you need is some evidence showing the hazardous condition at the place of the accident.
- Some eye-witnesses from the site of the incident to prove your statement can build your case in a positive direction.
- It has to be proven that the person or authorities responsible were aware of the poor conditions of their premises, and still they chose to look in the opposite direction.
- Some professional NYC Slip and Fall Lawyer to precede your case.
The three basic factors to proving your case are liability, negligence, and responsibility & fault. It might seem like an easy nut to crack but winning compensation in such cases is often a hard crack.
Slip And Falls On Ice And Snow
Slip and fall incidents are common during any season, but stats show 90% of cases occur during the winter season. Ice-related fall accidents are common when the ice on the sidewalks is not taken care of by the people responsible for it. Icy being slippery disturbs the balance of normal pedestrians, causing them to trip and fall.
A person going home from the office or a senior citizen going to buy groceries; anyone can fall over a patch of ice. When people slide on ice and snow, they start to panic and start throwing their bodies around looking for support. This sudden movement disturbs the grip and balance, resulting in a bad landing and serious injuries.
It is the legal duty of the person or authority responsible for that walking path to steer it clear for other citizens. A proper ice and snow clearance from walkways must be ensured. Salting of icy paths is the easiest way around to prevent any accident. But it is often noticed that most people avoid their moral and legal duty towards others.
Are Slip And Fall Cases Hard To Win In Court?
Slip and fall accidents generally result in serious injuries, but these cases are often hard to prove and difficult to win. Any NYC Slip and Fall Lawyer who claims the opposite is just looking to make his share of the money. Apart from negligence from the property owner, carelessness is also a factor considered by the court.
There are a number of ways in which a property can fail to maintain on its behalf. But to prove these points, you need enough evidence, witnesses, and a good personal injury attorney like Haicken Law Firm. But without evidence and witnesses, the victim will indeed face some hard time to prove his part. The difficult part is to prove that the owner had knowledge about the hazardous condition and the time to repair it.
A good attorney supported by some solid pieces of evidence like photos from the placer of the incident or some CCTV surveillance footage and eye-witnesses will definitely lead you to make some solid compensation. In reference to NYC slip and fall cases, the defendant is often referred to as a municipal defendant.
Haicken Lawâ€™s Biggest Slip & Fall Settlements
The Clientâ€™s Claim
|** This settlement took place during the Covid-19 crisis of 2020 when the court system was completely shut down.|
|$700,000 settlement||Our client sustained a severe spinal cord injury in an accident in Manhattan. Our client fell down a restaurant’s cellar doors, located in the sidewalk, which had been left open after the kitchen staff received a delivery. He sustained a torn MCL, and 2 herniated discs that ultimately required disc replacement surgery. **|
|$218,000 settlement||Our client tripped on a metal plate, on a Manhattan sidewalk, that had been inadvertently left jutting out, underneath a fence at a construction site. One of her discs was herniated and she ended up requiring surgery. **|
|$200,000 settlement||A Bronx child who tripped, and landed on a broken tile in the hallway of her auntâ€™s apartment complex. The superintendent of the building admitted that he knew of the broken tile and was not sure why it had never been fixed.|
|$150,000 settlement||A Brooklyn woman who slipped and fell on a wet floor in a Manhattan pizza restaurant. She sustained a torn meniscus that required surgery.|
What Are The Defenses In Slip And Fall Lawsuits?
The owners and those in charge of their property are legally obliged to keep a safe and son environment for visitors and guests. Failing at their legal duty is what makes them responsible for your injuries. This is the biggest defense for the victims in slip and fall lawsuits.
When you visit a property or premise for business purposes, it becomes the duty of the owner to provide a safe environment to their cutovers. It is their duty to inspect their premises to avoid dangerous situations for their visitors. A property owner is also liable to injury or damage to you as a trespasser.
The same applies to government authorities and big private companies. Therefore it is important to identify the person or authority responsible for your loss and with a professional NYC Slip and Fall Lawyer you are eligible to seek compensation.
Does New York Have Comparative Negligence Laws?
New York City has absolute and pure comparative negligence rules to regulate. This regulates the amount of compensation to be paid to slip and fall victim by the person responsible solely based on the negligence of the victim at the time of the incident.
The property owners have the right to prove the negligence of the victim at the time of the incident to be at least partially responsible. This reduces the amount of compensation or, in some cases, even excuse-free walk away for the defendant. There are lots of reasons to stand a victim partially at fault for his injuries.
The pure comparative negligence law decides the compensation amount based on the part of the victim’s responsibility in the slip and fall. For example, in a 50-50 responsibility judgment case, the victim will receive only 50% of the compensation awarded from the property owners. The most common cases in which victims are held partially responsible happen when they are found using their mobile phones while crossing the site of the accident.
Should I Speak With The Insurance Adjuster?
In the majority of the cases of slip and fall, the property owners already have property insurance. These types of homeowner insurances are responsible for payment of compensation to you in case of such incidents on the premises of the insured. Despite being legally obliged to pay you compensation, these insurance companies often deny such claims. These matters are then resolved through an insurance adjuster.
These adjusters are trained personnel, and they try to shift the blame back on you. They start molding conservation to get you to admit your own fault. To avoid getting trapped in these games of insurance companies, it is suggested not to talk to these adjusters on your own. You should contact NYC Slip and Fall Lawyer and take help from the experts.
Sending a demand letter stating your side of the story of the incident and what minimum offer you will settle with can be a good option for you.
How Much Are Slip And Fall Settlement Amounts?
The settlement amount includes all your medical expenses, income loss, property damage involved in the accident, and a few more factors. These can vary according to your case and the verdict of the jury.
If the court finds you partially responsible for the accident, then this leaves the property owner off the hook at a reduced settlement amount. All things the average slip and fall settlement amount falls around $10,000 to $50,000.
How Much Money Can You Sue For Pain And Suffering?
Generally, there is no set limit or a single guideline describing the limit of the compensation amount. These award amounts vary across different states. Juries are often found struggling to determine the reasonable amount to offer. Courts often modify the amount in both positive and negative directions. This leaves you as the ultimate judge to decide the amount of compensation.
However, it is advised to be reasonable and logical about the amount. You donâ€™t want to show an amount that does not match the description of your expenses. The best way to determine the amount of your compensation is to take help from the experts of this field as they have bitter understandings of the things.
Is There An Average Settlement Amount For A Slip And Fall Injury?
There is no average settlement amount in personal injury cases in New York. This is because compensation defines and provides for your losses arising because of the injury. Therefore it ranges from person to person, as some tend to face bigger losses and serious injuries.
A victim with serious injuries will definitely have bigger medical bills as compared to others. It also includes your expected future monetary damages, other expenses related to your recovery, and your pain and sufferings. It is suggested to start with the largest amount possible to come out stronger after negotiations.
Do Most Cases Go To Trial or Settle Out Of Court?
Nobody wants to be involved in the long judgment process of the court. Whether it is a person or an authority, both look to settle things outside of court without involving any legal activities. This results in most of the cases being settled out of courts. This majorly depends on how strong your evidence and case are and the impression you left on the defendant.
This makes things easier for everyone. So if the defendant is willing to settle things outside of court and offer you a reasonable amount, you must accept it. The settlements are majorly done through mediation from a neutral third party. Almost 70% of the slip and fall cases of New York City settle out of the courtroom as the defendants understand it is a less expensive offer.
How Long Do You Have To Sue For A New York Slip And Fall Case?
It’s a very normal case, but when it comes to suing, the person who has met with the slip and fall case accident has a period of 3 years to file a case against the property owner. However, it is best advised not to wait that much longer if you are looking to win. While you are trying to make up your mind, you forget about the evidence and the condition of the site being washed out, which will weaken your claim.
Many people are not aware of this fact, and that’s just because there is a lack of information spreading amongst everyone. Make sure that if you know anyone who met with such an accident, then it’s your moral duty to help them.
Get The Best NYC Slip And Fall Lawyer
These cases might seem minor, but to ensure an outcome in your favor, you need the best NYC Slip and Fall Lawyer. Those responsible must be held accountable for your injuries, and you must be paid reasonable compensation. A good firm will make the most of your resources and plead your case with utmost perfection. The Haicken Law Firm provides effective legal representation to victims of slip and fall cases and saves them from severe financial troubles.
Potential Places to have a Slip and Fall in New York City
Physical Therapy Locations in New York City
ActiveCare Physical Therapy
12 W 37th St. Ste. 1202
New York, NY 10018
Recovery Physical Therapy
530 7th Ave floor 9th
New York, NY 10018
Physical Therapists NYC
80 Maiden LN #905A
New York, NY 10038
Spear Physical Therapy
245 East 84th Street
New York, NY 10028
Integrative Physical Therapy of NYC
370 Lexington Ave, Suite 1212
New York, NY 10017
New York Physical Therapy
359 West 23rd Street
New York, NY 10011
Tula Physical Therapy & Wellness
99 University Pl 9th Floor
New York, NY 10003
Manhattan Physical Therapy
& Pain Center
385 5th Ave #503
New York, NY 10016