Slip and fall accidents can be devastating, resulting in serious injuries, mounting medical bills, and missed time from work. If you or a loved one has suffered a slip and fall accident in Queens due to someone else's negligence, you're likely feeling overwhelmed, frustrated, and uncertain about your future. The Queens slip and fall accident lawyers at The Perecman Firm PLLC understand what you’re going through. We’re here to help you during this difficult time to hold the at-fault parties accountable for your injuries and losses and fight for the maximum compensation you deserve. While no amount of money can compensate for what happened, a financial recovery can help you pay for your medical treatment, cover your lost income, and provide some peace of mind as you focus on improving. Our lawyers have more than 40 years of collective legal experience handling slip and fall cases and other personal injury claims in Queens and the surrounding areas of New York. You can rely on us to guide you through the process with compassion and respect while focusing on your specific needs. We’re here to protect your rights and advocate for you at every turn to improve your chances of getting the most favorable outcome possible. Contact us today for a free consultation and learn how we can help.
Causes of Slip and Fall Accidents in Queens
Queens is a bustling borough with diverse neighborhoods, each presenting its own set of potential slip and fall hazards. Some common causes of slip and fall accidents include:- Wet or slippery floors in grocery stores, restaurants, or shopping malls
- Icy sidewalks and parking lots during winter months
- Uneven pavement or cracked sidewalks
- Poorly maintained staircases in apartment buildings or public spaces
- Inadequate lighting in hallways or outdoor areas
- Debris or obstacles in walkways
- Loose or unsecured carpeting
- Potholes in streets or parking lots
- Spills or leaks in public restrooms
- Freshly mopped or waxed floors without proper warning signs
Common Queens Slip and Fall Injuries
Slip and fall accidents can result in a wide range of injuries, from minor bruises to severe, life-altering conditions. Some common injuries include:- Fractures and broken bones, particularly in the hips, wrists, and ankles
- Traumatic brain injuries (TBI), from mild concussions to severe brain damage
- Spinal cord injuries, which can lead to partial or complete paralysis
- Soft tissue injuries, such as sprains, strains, and tears
- Back and neck injuries, including herniated discs
- Shoulder injuries, like rotator cuff tears
- Knee injuries, including torn ligaments and meniscus damage
- Cuts and lacerations, which may require stitches or lead to scarring
- Bruising and contusions
- Internal injuries, such as organ damage or internal bleeding
How to Prove Liability for Slip and Fall Injuries in Queens, NY
Proving liability in a slip and fall is essential for securing the compensation you need. In New York, property owners have a duty of care to maintain safe conditions for visitors. To establish liability, your attorney needs to prove four key elements:Duty of Care
The property owner had a legal obligation to maintain a safe environment. This duty varies depending on the visitor's status:- Invitees: People invited onto the property for business purposes (like customers in a store) are owed the highest duty of care. Property owners must regularly inspect and maintain their premises and warn of known hazards.
- Licensees: Social guests or people permitted on the property for their own purposes are owed a moderate duty of care. Owners must warn of known dangers that aren't obvious.
- Trespassers: While property owners generally don't owe a duty to trespassers, they can't intentionally create hazards to harm them. There are exceptions for child trespassers under the "attractive nuisance" doctrine.
Breach of Duty
The property owner failed to uphold their duty of care. This could involve:- Failing to clean up spills promptly
- Not repairing known hazards
- Failing to provide adequate lighting or warning signs
Causation
The breach of duty directly caused your injuries. We must show that your fall and subsequent injuries directly resulted from the hazardous condition.Damages
We must show that you suffered actual harm or losses due to the fall. This can include medical bills, lost wages, pain and suffering, and other related costs. To build a strong case, we'll gather evidence such as:- Photographs of the hazardous condition
- Surveillance footage of the incident
- Witness statements
- Maintenance and inspection records
- Expert testimony on safety standards
Why Hire a Queens Slip and Fall Accident Lawyer from The Perecman Firm PLLC?
Successfully navigating a slip and fall claim requires a seasoned attorney's skills, knowledge, and resources. Here are some benefits of working with a Queens slip and fall accident lawyer from The Perecman Firm PLLC:- Knowledge of Local Laws and Regulations: New York has specific laws and regulations governing slip and fall cases, including strict statutes of limitations. We're well-versed in these laws and how they apply to your case.
- Experience in Handling Slip and Fall Cases: We've successfully represented numerous slip and fall victims in Queens and throughout New York. This experience allows us to anticipate potential challenges and develop effective strategies for your case.
- Ability to Negotiate with Insurance Companies: Insurance companies often try to minimize payouts or deny claims altogether. We know their tactics and how to counter them. We’ll ensure the insurance company treats you fairly and negotiate assertively for a fair settlement that covers all your injuries and losses.
- Representation in Court: While many cases settle out of court, we're prepared to take your case to trial if necessary. Our trial experience and courtroom skills can be invaluable if your case goes before a judge or jury.
What to Do After a Slip and Fall Accident in Queens
The steps you take immediately following a slip and fall accident can significantly impact your ability to recover compensation. Here's what you should do:- Get medical care right away: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent. You also need documentation of your injuries and treatment to file an injury claim.
- Report the accident: Notify the property owner, manager, or supervisor about the incident. Ensure someone files an official report and gets a copy of it.
- Document the scene: If possible, take photos or videos of the hazard that caused your fall and the surrounding area. Be sure to take pictures of your injuries and any damaged personal property.
- Gather witness information: If anyone saw your fall, get their contact information. Your attorney can follow up with them and depose them for their testimony, if necessary.
- Preserve evidence: Keep the clothes and shoes you were wearing during the accident. Don’t wash or try to repair any damaged apparel as it could serve as valuable evidence for your claim.
- Don't give statements to insurance companies: Avoid discussing the accident with the property owner's insurance company without legal representation.
- Contact a slip and fall lawyer: The sooner you involve an attorney, the better they can protect your rights and preserve crucial evidence.
The Slip and Fall Injury Claims Process in Queens
The general process for a slip and fall claim in Queens typically involves:- Initial consultation: We'll review your case and discuss your legal options.
- Investigation: We'll gather evidence, interview witnesses, and consult experts if necessary.
- Filing the claim: We'll submit a formal claim to the responsible party's insurance company outlining your injuries and the compensation you seek.
- Negotiation: We'll negotiate with the insurance company to reach a fair settlement.
- Litigation: If the insurance company won’t offer a fair settlement, we'll file a lawsuit on your behalf and prepare for trial.
- Trial: If your case goes to trial, we'll present your case in court. During the process, we’ll assert your version of events through evidence and challenge any defense tactics the opposing party’s counsel may use. We present a compelling case to sway the judge or jury’s decision in your favor.
- Resolution: Whether through settlement negotiations or at trial, we'll work hard to secure the full and fair compensation you deserve.
FAQ: Common Questions About Slip and Fall Accidents in NY
Q: How long do I have to file a slip and fall lawsuit in New York?
A: In New York, the statute of limitations for personal injury cases, including slip and fall accidents, is generally three years from the date of the accident. However, if the property owner is a government entity, you may have as little as 90 days to file a notice of claim.
Q: What if I was partially at fault for my slip and fall?
A: New York follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault, but your percentage of fault will reduce your compensation.
Q: How much is my slip and fall case worth?
A: The value of your case depends on various factors, including the severity of your injuries, impact on your life, and the strength of evidence proving liability. We can provide a more accurate estimate after thoroughly reviewing your case.
Q: What if I slipped and fell at work?
A: If your slip and fall occurred while you were working, you may be eligible for workers' compensation benefits. However, in some cases, you may also have grounds for a third-party liability claim.
Q: How long will my slip and fall case take?
A: The duration of a slip and fall case can vary widely depending on its complexity and whether it settles or goes to trial. Some cases resolve in a few months, while others may take a year or more.