When dealing with a slip and fall accident, you will likely encounter many unique challenges. You may have evidence that proves that you deserve compensation for injuries and damages, yet you will face many challenges along the way. This is why it is important to work with a Melville slip and fall lawyer to allow you to focus on recovering from your accident. Having the help of an attorney will increase your chances of getting the compensation you deserve.
When you work with our highly trained attorneys they will go out of their way to create a strong case on your behalf, and back it with the strongest evidence we can find. Prior to negotiating with your property manager or insurance company, we need to gather as much evidence as possible, including expert testimonials, to leverage a much higher amount for the settlement. If the settlement offered is not satisfactory, we will definitely consider taking this case to court.
When you do have a Melville personal injury lawyer at your side helping you, your chances of getting compensation are much better. Contact Cellino Law today to discuss your legal options.
What Steps Should You Take After a Slip and Fall Injury?
There are well over a million people that will go to an emergency room each and every year in the United States as a result of fall-related accidents according to our research. Similar to accidents that lead to minor injuries such as bruises and cuts, it is also possible that serious injuries like broken bones, had concussions, broken hips, and spinal cord damage can also occur. The more serious injuries can actually be fatal.
The laws in Melville, New York, allow us to pursue compensation for clients that have fallen on another person’s property. The location of the actual fall doesn’t matter as it could be private property, a public facility, a home, or even a business such as a store or a restaurant which will allow you to pursue legal action once the fall has occurred. So how can you take legal action to get compensation?
Report the Accident Right After it Happens
It is absolutely essential for you to contact the person in charge at the place where your slip and fall accident occurred. If you are at a restaurant, for example, you need to talk to the owner or manager right away. If you are on a rental property, the landlord should be told of what has happened. You need to make a formal report if possible, and if that is done, get a copy for your records. If you are moved from where the accident occurred, such as for getting treatment, you need to call back later to get this copy of the incident.
Seek Medical Attention
It is important to get medical attention immediately after you have fallen. It is imperative that the injuries from your slip and fall accident be treated by a doctor. This will lead to the production of medical records which will be very useful once you have determined it is time to file your claim. Medical records such as these can be used to demonstrate that the damages and injuries that you had are real and what the extent of them is. There are so many serious injuries, such as traumatic brain injury, that can lead to symptoms that are immediately noticeable. Furthermore, by getting proper and prompt medical care, and a diagnosis, you could save your life.
Do Not Share Information About The Incident
Once the accident has happened, you need to be very careful about saying anything about what has happened. You should also avoid trying to explain it, admit guilt, get emotional, or even cast blame, as this can get you into trouble later on. Whatever you say now can be used against you, particularly when they are determining the amount of your compensation claim. You need to go out of your way to avoid arguments if possible. The only thing you really need to do is to report what has happened to the people that matter and do so in a cognizant straightforward way.
Get Contact Information From Witnesses
Witnesses that were there at the time of the accident can provide you with their contact information and names. Once you have this, you can contact them if you need to have a story that can verify what has actually occurred if the other person has a different story.
Take Videos and Pictures of the Location
It is essential to take videos and pictures of the scene of the accident and to do so in the clearest way possible. These images need to show where you have fallen and slipped, along with anything related to the accident, such as the scene of the accident, plus factors that may have contributed to what occurred. You need to also have timestamps on the images and videos so that filing these can be more helpful.
Preserve the Clothing You Were Wearing
Whatever you were wearing on that day, whether this is shoes or clothing, you need to avoid washing or cleaning them. This is very important evidence that can demonstrate what happened and that can also aid in your lawsuit against the other party for their negligence.
Find an Attorney Right Away
If you are in Melville contact a personal injury attorney that deals with these types of cases. They will begin to gather evidence for you before it disappears. They will also make sure that you do not answer any questions that would not be helpful, such as those that referred to injuries you suffered, or questions that could affect how much you are able to get.
Hiring a Melville premises liability lawyer is necessary before you start to negotiate or sign any paperwork related to the insurance companies. The insurance companies are always looking for ways to minimize their expenditures and increase their profits, which is why you need a lawyer to help you. Therefore, always remember they are going to try to minimize how much compensation you receive.
Who is Liable for Injuries Caused by a Slip and Fall Accident?
Homeowners and property managers are absolutely responsible for keeping visitors safe on their property. If the owner or manager does not follow the stipulated guidelines for safety issues, they can be liable for any fall injuries or accidents that may occur. An example of this would be a guest visiting for business reasons, and the owner is required to fix any problems and inspect the property regularly, specifically for safety hazards.
If you are visiting a family member or friend, the homeowner is not required to do inspections in the same way. There are many safety concerns that can be present when someone visits a property and they need to know in advance. The homeowner, if they knew about these problems, and they also knew the visitor was coming, can certainly be held liable.
Government agencies, property owners, business owners, and homeowners, can be held liable for fall injuries. It is so important to identify who may be responsible for the accident when it happened. In New York law, you should seek some form of compensation from those that would be responsible. At Cellino Law, our attorneys will investigate your situation, find out more information about the accidents, and identify who was responsible for maintaining proper safety levels.
How Can You Determine the Value of Your Slip and Fall Case?
Each and every slip and fall case is unique. There will be different circumstances surrounding each one, and this plays a large role in evaluating each case. Professional lawyers at Cellino Law will be able to provide you with a fair estimate using factors like:
- Present and future working capacity based on your injuries
- Future and past hospital and medical expenses
- Non-economic damages, such as emotional suffering, even if not related to punitive damages
- Loss of income, now and in the future, because of your injuries
The lawyers at Cellino Law will do their best to provide you with the highest amount of compensation. We can help you find an economist, as well as a life care planner so that you can properly evaluate the factors that may affect the compensation claim.
Common Injuries Caused by Slip and Falls
Fall accidents can lead to many different types of injuries. Some are minor, yet others can be serious or even fatal. The severity of any of these injuries is dependent upon several factors including the nature of the fall, the environment, and the age of the person. If someone falls at work, their injuries could have an impact on their health and also their productivity.
Once you understand the common injuries that can occur and the nature of the accidents, it will allow a person to convey this information to an attorney or a doctor which will put them in a better position. Communication can be very effective, especially for treatment programs, and your attorney can help you prepare for the compensation claims that you will receive.
Common slip and fall accidents that may occur include:
Broken Bones
When enough pressure is applied in a specific area on a bone it can break very easily. There are ways that a person can fall that can lead to this type of pressure. A fall accident can break a wrist, hip, or ankle, and it will be very painful plus adversely affect a person’s quality of life. If a person is older, there is a higher probability of breaking a bone once they have fallen.
When the accident occurs, the health of that individual, and also their age, will not matter very much from a legal perspective. It really doesn’t matter how fragile your bones happen to be at the time of the accident, yet you can seek financial compensation if the other party was negligent.
Getting Cuts and Bruises
A few of the more common injuries include getting cuts and bruises from fall accidents that could be internal or external as well. Some of these injuries may not seem overly serious, yet if there is some form of disfigurement injury laws will cause it to be considered a serious situation. Once the accident has occurred, get videos and pictures of the bruises and cuts on your body to serve as documentation.
Experiencing Brain Trauma
If you do have brain trauma as a result of a slip and fall accident, this could be detrimental for your health. These can happen with a jolt or falling headfirst, leading to a direct impact. These can be very dangerous and life-threatening incidents that can cause additional complications. These are extremely injurious if left untreated for extended periods of time. Brain trauma-related injuries will require you to see a specialist to assess the situation.
Dislocating Your Shoulder or Straining Your Muscles
There are many common injuries that can occur such as shoulder dislocations and muscle strains that happen when someone falls and tries to reach out. These injuries may require some form of surgical treatment and may require long-term treatment to fully recover.
Spine and Nerve Damage
It is the fragility of your spine and nervous system that can often lead to injuries. They can happen as a result of getting cut or through inadvertent stretching. Your spine and nerves can be permanently damaged which can affect your life, as well as your ability to earn money.
Knee Damage
Slip and fall accidents often lead to some form of knee damage. The knee itself is a conglomeration of bones and ligaments, and because of this, it will take longer to heal. If your ligament tears, or if you have somehow dislocated your patella, knee surgery or knee reconstruction surgery may be necessary.
Sprains
If you do fall, you may end up spraining your wrist or ankle. This occurs because people are trying to cushion their fall by putting their arm out. If you sprain your wrist or ankle, you have actually torn your ligaments and this can be extremely painful. The lack of blood that comes into your ligaments can cause the healing process to be very extended. Sprains may not seem serious initially, but they can later affect your life in an adverse manner. Performing daily tasks such as walking, cooking, or even buttoning your shirt could be almost impossible to perform.
New York’s Slip and Fall Statute of Limitations
It is always imperative to contact a lawyer right after your accident has happened. There is a limited amount of time that you have to file a claim from the date of the accident. If you fail to do this, you may not be able to pursue your case, nor will you be allowed to file a claim. In the state of New York, the slip and fall accident statute of limitations is 3 years.
Each of these statutes of limitations is often dependent on each case. If this is against a government agency, for example, you have 15 months to file your claim.
Contact a Melville Slip and Fall Lawyer
Cellino Law has many attorneys that are skilled in personal injury law in Melville, many of which can help you build a strong case and acquire strong evidence to support your claim. Before our law firm will begin the negotiations with their insurer or even the other party, we will have testimonials and evidence collected from witnesses that can help leverage a much larger settlement. If you determine that the offer they are presenting is not satisfactory, our Melville injury firm will never be afraid to take your case to trial.