While many slip-and-fall cases are resolved through settlements, some require going to trial to achieve justice. Disputes over liability, compensation, or the severity of your injuries can complicate the path to resolution. Regardless of how your case unfolds, having a skilled slip and fall accident lawyer on your side can ensure you are treated fairly and your rights are protected.
Slip and fall accidents can happen when you least expect them, turning an ordinary day into one filled with pain, uncertainty, and stress. Whether you’ve been injured in a fall at a grocery store, construction site, or public property, you might feel overwhelmed by medical bills, time away from work, and the challenges of proving your claim.
At The Perecman Firm, we understand that recovering from a slip and fall accident can be one of the most challenging times in your life. You’re not just dealing with physical recovery—you’re also navigating a confusing legal process at a time when you deserve to focus on healing.
We are here to shoulder the legal burden, guide you through the process, and fight for the compensation you deserve. Whether your case involves a straightforward settlement or a battle in court, our team is ready to stand with you every step of the way.
Why Do Some Slip and Fall Cases Go to Trial?
Although most slip-and-fall cases settle out of court, some require a trial to resolve disputes. Common reasons a case might go to trial include:
- Disputed liability: The property owner denies responsibility or argues that you contributed to the accident.
- Disputed damages: The insurance company challenges the severity of your injuries or the value of your claim.
- Low settlement offers: If negotiations fail to produce a fair outcome, going to trial might be the best option to secure full compensation.
Trials can be complex and time-consuming, but they also offer an opportunity to present your case before a judge or jury. Having a law firm like The Perecman Firm on your side ensures you’re prepared for this possibility.
What Is a Slip and Fall Accident?
A slip-and-fall accident occurs when someone loses their footing and falls due to a hazardous condition on someone else’s property. These incidents may sound minor, but they often result in serious injuries that can disrupt every aspect of your life.
Whether you slipped on a wet floor in a grocery store, tripped over uneven pavement, or fell down poorly lit stairs, you might be entitled to compensation if the property owner’s negligence caused your accident.
Examples of Slip and Fall Accidents and Injuries
Slip and fall accidents can happen anywhere, from a busy Manhattan office building to a quiet residential sidewalk. Common examples include:
- Slippery floors: Spills, recently mopped surfaces, or rainwater tracked indoors.
- Uneven surfaces: Cracked sidewalks, loose floor tiles, or frayed carpeting.
- Obstacles: Cords, boxes, or other items left in walkways.
- Inadequate lighting: Poor visibility in stairwells, parking lots, or entryways.
- Broken handrails: Missing or damaged railings on stairs or ramps.
The injuries from these accidents can range from minor bruises to life-altering conditions like broken bones, traumatic brain injuries (TBIs), or spinal cord damage. Even a seemingly minor injury can escalate into a significant issue, requiring costly medical care and time away from work.
Understanding Premises Liability
Slip and fall cases fall under an area of law known as premises liability. Premises liability holds property owners responsible for maintaining safe conditions for visitors. If they fail to address or warn of hazards, they may be held liable for injuries that occur on their property.
What Does Premises Liability Cover?
While slip and fall cases are a common type of premises liability claim, they aren’t the only ones. Other situations where premises liability might apply include:
- Negligent security: If inadequate security measures, such as broken locks or lack of surveillance, lead to injuries from criminal activity, the property owner may be held responsible.
- Falling objects: Items improperly secured on shelves or construction sites can cause serious injuries if they fall.
- Dog bites: In some cases, a property owner may be liable if their pet injures someone.
Premises liability laws in New York emphasize the importance of property owners acting reasonably to ensure safety. Injured parties have the right to pursue compensation if they neglect this duty.
Special Considerations for Construction Workers and Slip and Fall Accidents
Slip and fall accidents are one of the most common causes of injury on construction sites, but for construction workers, these incidents come with unique challenges and risks. The nature of the work, environment, and equipment make these accidents far more dangerous than a typical slip and fall in a grocery store or office building.
If you’re a construction worker injured in a slip and fall, a construction accident lawyer can help you pursue the compensation you deserve. At The Perecman Firm, we’ve spent decades advocating for New York City, Queens, and Long Island construction workers. We understand the complexities of these cases and fight tirelessly to hold negligent parties accountable.
Why Slip and Fall Accidents Are Especially Dangerous for Construction Workers
Construction sites are inherently hazardous environments. Slip and fall accidents on these sites often result in severe or even life-threatening injuries due to factors such as:
- Heights: Falls from scaffolding, ladders, or unfinished floors can lead to devastating injuries, including broken bones, spinal cord damage, or traumatic brain injuries.
- Uneven or unstable surfaces: Construction sites are filled with obstacles like loose gravel, exposed rebar, and temporary flooring, increasing the risk of slipping or tripping.
- Hazardous materials: Workers may fall into or onto sharp tools, heavy machinery, or toxic substances, compounding their injuries.
- Weather conditions: Rain, snow, or ice can create slippery conditions on outdoor sites, adding another layer of risk if construction companies don’t properly protect workers from anticipated problems likely to result from weather.
For construction workers, these accidents affect their physical health and can also jeopardize their livelihoods. Extended time away from work, expensive medical bills and the inability to return to physically demanding jobs can devastate a worker’s financial and emotional well-being.
How The Perecman Firm Approaches Construction Worker Slip and Fall Cases
Slip-and-fall cases involving construction workers require a different approach than other personal injury claims. At The Perecman Firm, we tailor our strategy to address these cases' unique aspects.
We have extensive experience handling claims under New York’s Labor Laws. Our team knows how to navigate these laws to maximize compensation for injured construction workers.
Construction site accidents often involve multiple parties, from contractors to property owners. We dig deep to uncover evidence of negligence, such as improper maintenance, failure to enforce safety protocols, or defective equipment.
We are always prepared to take your case to court if negotiations don't result in a fair settlement. Insurance companies and negligent parties know our reputation for fighting aggressively in court, which often leads to better settlement offers.
The Perecman Firm has helped countless construction workers injured in slip and fall accidents. Whether it’s securing compensation for a worker who fell from faulty scaffolding or representing someone injured by a poorly maintained worksite, we understand the unique challenges construction workers face and fight relentlessly to make things right.
How Insurance Companies Handle Slip and Fall Claims
When you file a claim after a slip and fall accident, the property owner’s insurance company becomes a central player in the process. While these companies exist to provide compensation for valid claims, their primary goal is to minimize payouts.
Working with an experienced personal injury attorney who understands how insurance companies handle slip and fall claims can prepare you for the challenges ahead. Having a lawyer in your corner is critical.
Common Tactics Insurance Companies Use to Minimize Payouts
Insurance adjusters are skilled at reducing liability for their clients and keeping settlements as low as possible. Here are some of the most common strategies they use:
Downplaying the Severity of Injuries
Insurance companies often argue that your injuries are less severe than claimed. They might use:
- Pre-existing conditions: Claiming that your injuries existed before the fall.
- Delayed treatment: Suggesting that your injuries couldn’t be serious if you didn’t seek immediate medical care.
- Independent medical evaluations: Requiring you to see a doctor of their choosing, who may downplay your injuries.
Blaming the Victim
Adjusters frequently attempt to shift blame to the injured person, arguing that you were:
- Not paying attention.
- Wearing inappropriate footwear.
- Walking in an area that was clearly marked as hazardous.
In New York, comparative negligence laws allow your compensation to be reduced if you’re found partially at fault, making this tactic especially potent.
Disputing Liability
Insurance companies may argue that the property owner had no way of knowing about the hazard in time to fix it or warn visitors. For example, if you slipped on a spill, they might claim the spill had occurred moments before your fall, giving the property owner insufficient time to address it.
Offering Low Settlements Quickly
Adjusters often offer a lowball settlement early in the process, hoping you’ll accept it out of financial desperation or lack of legal guidance. These offers rarely account for long-term medical costs, lost wages, or pain and suffering.
Requesting Excessive Documentation
Insurance companies may ask for extensive medical records or other documentation, delaying the process and frustrating claimants. They may even argue that missing or incomplete paperwork weakens your claim.
Why Having a Lawyer Levels the Playing Field
Dealing with insurance companies can be overwhelming, especially when you’re recovering from an injury. Here’s how a personal injury lawyer can help:
Protecting Your Rights
A lawyer knows insurers' tactics and ensures they don’t take advantage of you. They can handle all communication with the insurance company, protecting you from manipulative strategies.
Gathering Strong Evidence
Lawyers build a compelling case by collecting crucial evidence, such as:
- Surveillance footage.
- Witness statements.
- Maintenance records from the property owner.
They also work with medical experts to document the full extent of your injuries, countering attempts to downplay their severity.
Challenging Blame
If the insurance company tries to blame you, your lawyer will gather evidence to prove the property owner’s negligence. For example, they might demonstrate that the owner failed to fix a long-standing hazard or provide adequate warnings.
Negotiating a Fair Settlement
Lawyers know the true value of your claim, including medical expenses, lost wages, and pain and suffering. They won’t accept a lowball offer and will negotiate aggressively for fair compensation.
Preparing for Trial
If negotiations fail because the insurer refuses to offer a reasonable settlement, a skilled trial lawyer is ready to take your case to court. Insurance companies often prefer to avoid trial, which can give your lawyer additional leverage during settlement discussions.
Working With a Strong Personal Injury Law Firm
If your case goes to trial, you want a law firm with trial-ready attorneys who are not afraid to stand up to powerful defendants. At The Perecman Firm, we’ve built a reputation for holding negligent property owners and their insurers accountable.
Our team understands New York’s premises liability laws and has decades of experience fighting for accident victims in New York City, Queens, Long Island, and beyond.
When you work with us, you’re not just another case. We take the time to understand your story, answer your questions, and fight tirelessly for your rights. Whether through a settlement or a courtroom verdict, our goal is to help you recover the compensation you need to rebuild your life.
Statute of Limitations for Slip and Fall Cases in New York
If you’ve been injured in a slip-and-fall accident in New York, you have limited time to file a claim. This legal deadline, known as the statute of limitations, plays a crucial role in determining whether you can pursue compensation.
Missing this deadline could mean losing your right to seek damages entirely, so act promptly and talk with a personal injury lawyer who understands the specific rules that apply to your case.
How Long Do You Have to File a Slip and Fall Claim in New York?
In New York, the statute of limitations for filing a slip and fall lawsuit is generally:
- Three years from the date of the accident for personal injury claims.
- Two years from the date of death if a slip and fall accident leads to a wrongful death claim.
Exceptions: Claims Involving Public Property or Government Entities
Different rules apply if your slip and fall occurred on property owned or managed by a government entity. For example, if you slip on a broken sidewalk in front of a city-owned building or fall in a public park, you’ll need to follow a stricter timeline:
- Notice of Claim: You must file a Notice of Claim within 90 days of the accident to alert the government entity of your intent to pursue compensation. This notice includes details about your injuries, the location of the accident, and the hazardous condition that caused the fall.
- Statute of Limitations: After filing the Notice of Claim, you typically have one year and 90 days from the date of the accident to file a lawsuit.
- Special Rules for the MTA and NYCHA: Additional requirements may apply if your accident occurred on property owned by specific government entities, such as the Metropolitan Transportation Authority (MTA) or the New York City Housing Authority (NYCHA). These entities have specific processes for filing a claim, and failing to comply could result in your claim being dismissed.
Why Acting Quickly Matters
Even though the standard statute of limitations may give you up to three years, waiting too long can jeopardize your case. Evidence can disappear, witnesses may become harder to locate, and memories fade. Acting promptly ensures your attorney has the best chance to build a strong case.
The 90-day Notice of Claim requirement for public property cases also leaves little room for delays. Missing this deadline could mean you lose your right to pursue compensation entirely, even if your injuries are severe.
How a Lawyer Can Help You Navigate Deadlines
Navigating the statute of limitations and exceptions can be complicated, particularly if you’re dealing with a government entity. An experienced personal injury lawyer can:
- Determine the applicable deadlines for your case based on the circumstances of your accident.
- File necessary paperwork on time, including a Notice of Claim if required.
- Gather evidence quickly to strengthen your case before critical information is lost.
- Protect your rights if the opposing party tries to use technicalities to dismiss your claim.
Contact The Perecman Firm PLLC and Get Justice After a Slip and Fall Accident
A slip-and-fall accident can leave you facing physical, emotional, and financial challenges. You don’t have to face them alone. The Perecman Firm’s experienced personal injury lawyers are here to guide you through the legal process, fight for your rights, and help you secure the compensation you deserve.
Contact us today for a free consultation. Let us focus on your case while you focus on your recovery. Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.