A slip and fall accident may result in fractures, brain damage, as well as neck and back injuries. Even though you wouldn't anticipate it, recovering from a serious fall can take months, and it is not uncommon for victims to be left with ongoing medical issues and high medical costs. If you were hurt after falling on someone else's property, the Queens slip and fall attorneys at Brandon J. Broderick, Attorney at Law, can assist you.
If you suffer harm while on someone else's property, the owner may be held accountable for failing to take reasonable precautions to avoid the accident. A personal injury claim can be made by the injured party to seek compensation when they suffer harm as a result of the property owner's negligence. Medical expenses, lost wages, and emotional distress could all be included in these damages.
The majority of people don't plan on getting hurt in an accident while going about their daily lives. It might be difficult to recover losses following an accident on someone else's property. There are frequently multiple parties at fault, or the insurance company is looking to settle as soon as possible for the least amount of money.
You don't have to face this difficulty by yourself. The team at Brandon J. Broderick, Attorney at Law, takes pride in offering each and every one of our clients superior legal representation. We believe that there should be no intimidating legalese or needless complexity in this process. You may relax while we are by your side. Contact an experienced New York slip and fall lawyer at (877) 867-7280 for a free consultation today. Those who have been hurt in a slip-and-fall accident in Queens, New York, will find useful information below.
- How can I determine if I Need a Slip and Fall Accident Attorney for my Case?
- Compensation for Slips and Falls
- Establishing Negligence in Slip and Fall Claims
- Statute of Limitations for Slip and Fall Claims in Queens
- Frequent Reasons for Slip and Fall Accidents
- Hiring the Slip and Fall Attorneys at Brandon J. Broderick Will Bring You Peace of Mind
HOW CAN I DETERMINE IF I NEED A SLIP AND FALL ACCIDENT ATTORNEY FOR MY CASE?
After sustaining an injury, you should devote all of your energy to healing and recovering. A lawyer's assistance in managing your case and relieving you of this burden will allow you to focus on your recovery. Brandon J. Broderick will collect evidence, conduct witness interviews, consult with experts, and negotiate with insurance companies. Let our team of skilled Queens slip-and-fall attorneys assist you in obtaining the necessary compensation. We defend your rights and provide the most effective legal recourse.
If you do not file a legal claim, the insurer may refuse to pay for some of the damages or offer you a ridiculously low settlement amount. Despite the fact that some injuries manifest more quickly than others, insurers will attempt to quickly contact the injured party in an effort to convince them to accept a low settlement offer. It is not advised to do so. If a settlement cannot be reached through negotiation, we will not hesitate to take the case to trial on behalf of our client.
Our slip-and-fall attorneys have successfully represented clients in premises liability cases against negligent property owners throughout Queens and the state of New York, including cases involving highly complex claims against commercial properties, apartment buildings, construction sites, nursing homes, and public or municipal entities.
Please contact the office of Brandon J. Broderick, Attorney at Law, to schedule a free consultation.
COMPENSATION FOR SLIP AND FALLS
The majority of slip-and-fall accident settlements include both economic and non-economic compensation. Losses such as medical expenses and lost wages are examples of economic damages, whereas pain and suffering are intangible losses that cannot be quantified and therefore fall under non-economic damages.
Brandon J. Broderick, Attorney at Law, seeks maximum compensation for all damages, whether economic or non-economic, when representing clients in slip-and-fall cases. The actual value of a claim is determined by a number of factors, the most important of which are the severity and permanence of the injuries.
Explaining Economic Damages
An injured party will seek "economic damages" to compensate for monetary losses in a personal injury lawsuit. It is essential to remember that only one personal injury claim can be filed per incident. If a person sustains a severe injury, the length of time they will require medical care and their final prognosis may not be immediately known. However, you have the right to seek compensation for both your current and future medical expenses resulting from the accident. This may include (both past and future):
- Hospital or doctors bills
- Surgery costs
- Medical specialists
- Medical devices
Future economic damages can be difficult to calculate because they require knowledge of an injury's severity and an expert's prognosis for the patient's future. In cases involving severe, long-lasting injuries, a slip-and-fall attorney will know how to best protect your rights and interests.
Other economic damages include income loss during the period of recovery and future income loss. If your injury prevents you from working, your future earnings are in jeopardy, but they are recoverable. Your claim for compensation may also include funds to cover the cost of household assistance that you are unable to perform on your own.
Explaining Non-Economic Damages
In a premises liability claim for an injury sustained on the property of another, non-economic damages for the victim's pain and suffering are recoverable. After the victim's death, loss of companionship or consortium could also be grounds for a lawsuit.
The term "pain and suffering" refers to the physical and mental anguish a victim may endure as a result of an accident and the resulting injuries. When determining the amount of compensation to be awarded, both the actual and perceived distress of accident victims are taken into consideration. Due to the difficulty of assigning a monetary value to intangibles such as pain and suffering, it is crucial to have an experienced attorney on your side after a slip and fall accident. Due to their background, they will be in a better position to defend the methodology behind the number they've produced.
It is difficult to estimate the amount of compensation you may be entitled to without the assistance of an attorney. Please call (877) 867-7280 to schedule a free consultation.
ESTABLISHING NEGLIGENCE IN SLIP AND FALL CLAIMS
The injured party who sues a property owner for damages after slipping and falling must prove that the defendant was negligent in their ownership or maintenance of the property. However, the standards for the owners vary based on the nature of their property and the purpose of the visitor. For a claim of negligence to be successful, the plaintiff must demonstrate that the defendant owed them a duty of care, knew or should have known that the premises were unsafe, and failed to take the necessary measures to remedy the situation.
Clarifying Duty of Care
The "duty of care" obligations of property owners vary based on the nature of their visitors. Under New York law, landowners are required to provide "reasonable" care to all visitors on their property. However, the definition of "reasonable" is open to interpretation because there are no predetermined parameters. As there are no fixed parameters, the definition of "reasonable" is open to interpretation. Those invited onto the property by the owner have the highest duty of care. When someone is invited to a property, the owners are obligated to investigate and identify any potential dangers. If a licensee is granted access to the property, they are also owed a duty of care, albeit to a lesser extent. An owner is required to exercise reasonable care in protecting them from dangers they are already aware of. No duty of care is owed to a trespasser because they were not invited onto the property.
Guests at a party and out-of-town relatives are examples of licensees, or individuals who are permitted on a property for non-commercial purposes. Trespassers are individuals who enter private property without permission.
Breach of Duty
You must also demonstrate that the property owner breached their duty of care in order to prove negligence and win your slip-and-fall lawsuit. In order to establish that the owner acted negligently, the victim must demonstrate that the owner failed to do one of the following:
- Maintain a safe condition on the property;
- Address any safety concerns that have been identified; or
- Issue a warning to all individuals who may be at risk.
Some property owners may claim they were unaware of the area's dangers. In such a situation, the injured party must demonstrate that the property owner knew or should have known about the danger.
The injured party must prove that the hazardous conditions on the property caused their injuries; this is referred to as the "causation" element of negligence. If you slip and fall in the icy parking lot outside a store, for instance, you will need to demonstrate that the ice was the direct cause of your injuries and that you would not have slipped in any other circumstance.
The final component of negligence is damages, which are the compensation a victim receives for an injury. Damages you can claim include medical bills, lost wages, and emotional distress.
STATUE OF LIMITATIONS FOR SLIP AND FALL CLAIMS IN QUEENS
"Slip and fall" cases are among a long list of others when discussing personal injury lawsuits. A slip-and-fall lawsuit in Queens, New York, is subject to the same statute of limitations as other injury cases, including car accidents.
State law in New York permits victims of slip-and-fall accidents to file a claim for damages within three years. A "statute of limitations" refers to the amount of time a victim has to file a lawsuit. Almost all civil and criminal court cases are subject to a statute of limitations. If you fail to file your case by the deadline established by the statute of limitations, you may lose the right to do so.
The statute of limitations for a personal injury claim is three years from the date of the accident. Before filing a lawsuit, it is advisable to treat your injuries, gather information such as evidence, and consult with an attorney. However, time is of the essence, so contact a slip-and-fall attorney without delay.
As long as you file a complaint with the court within three years of the incident, you should be in good standing. Only the initial phase of the case must be resolved within the three-year timeframe. You now have more time to collect evidence, investigate the situation, and prepare for trial.
What Happens If I Miss the Claim Filing Deadline?
If you wait too long to file your case with the court, it may be dismissed. A lawsuit may be dismissed if it is filed more than three years after the statute of limitations has expired. In response to your initial complaint, the defendant may assert the statute of limitations as a defense. If you miss the three-year deadline, the court will be required to dismiss your case.
If you meet the deadline but want to add new parties to your lawsuit or new claims of negligence after the three-year statute of limitations, you will be unable to include these new claims or defendants. The applicable statute of limitations applies to every claim of negligence and every defendant. If the action is filed after the statute of limitations has expired, it may be too late to add the building owner to a slip-and-fall lawsuit brought against a tenant.
Given this, it is evident that obtaining legal assistance is advantageous. Depending on the complexity of the case, trial preparation could take months or even years. A reputable attorney can provide the best advice regarding your options.
Extension on the Statute of Limitations?
In rare instances, the statute of limitations may be extended. On rare occasions, the statute is suspended, or "tolled," allowing the victim additional time to file a complaint.
The court may grant you an extension if you were a minor or deemed mentally "insane" at the time of the injury. Because the courts recognize that a minor or "insane" person may not be aware of the filing deadline, an extension is occasionally granted. Court claims must be filed within three years of the date the plaintiff's condition was cured. For the minor, the three-year period begins when they turn 18; for the "insane" person, it begins when they are deemed mentally stable again.
FREQUENT REASONS FOR SLIP AND FALL ACCIDENTS
Falls are a typical cause of injury in the United States. Every year, more than one million people visit the emergency room due to slip and fall accidents, making it the leading cause of ER visits. When people slip and fall, it is typically because of something unsafe about the walking surface or the surrounding environment. Some of the main reasons for slip and fall accidents are:
- Loose flooring
- Uneven sidewalks or concrete
- Debris cluttering aisles or pathways
- Slippery floors
- Icy surfaces
- Wires and other potential trip hazards
- Poor or insufficient lighting
Everywhere, accidents involving tripping, slipping, and falling are possible. Typically, the defendants in personal injury claims involving slip-and-fall accidents are the property owners of apartment complexes, garages, retailers, restaurants, public places, and nursing homes.
HIRING THE SLIP AND FALL ATTORNEYS AT BRANDON J. BRODERICK WILL BRING YOU PEACE OF MIND
Accidents can be stressful, particularly when injuries result. They can negatively affect your physical and mental health, as well as your financial situation. Our objective is to alleviate all of your worries and provide you with peace of mind. We have decades of experience assisting injury clients, such as yourself, in winning their legal cases. Do not let an insurance company undervalue your claim or downplay your injury. When you are injured as a result of someone else's negligence, you are entitled to full compensation.
At Brandon J. Broderick, Attorney at Law, we believe in providing excellent client service and achieving the desired results for each and every client. As a result, we are among Queens' top slip and fall lawyers.