New York Trip and Fall Attorney
Trip and fall accidents are becoming more and more prevalent throughout New York, becoming one of the leading causes of emergency visits nationwide and accounting for over 20% of all emergency room visits. While common, trip and fall accidents can lead to severe injuries, especially in cases involving individuals 65 years and older- where falls are the leading cause of death. The CDC notes that fall-related accidents typically cause more severe injuries than motor vehicle accidents and remain the leading cause of accidental household deaths. If you or a loved one have sustained injuries in a trip and fall accident, and believe negligence was involved, contact an expert New York trip and fall attorney at Halperin, Halperin & Weiskopf PLLC. You may be entitled to significant compensation.
How do Trip and Fall Accidents Occur?
Trip and fall accidents can occur for several different reasons and in various settings. However, in most trip and fall claims, the cause of the accident or unsafe condition was known, or could have been reasonably prevented by the responsible party, had they taken steps to address the hazardous condition(s).
The leading causes of New York trip and fall accidents include:
- Poor Lighting
- Spills or obstructions, including snow, ice, and debris
- Uneven surfaces, including floors and stairs
- Unsecured carpets and mats
- Broken sidewalks and pavement, including potholes
Common Trip and Fall Injuries
Trip and fall accidents can lead to various injuries, ranging from mild cuts and bruises to debilitating spinal cord injuries requiring hospitalization. The most common injuries include the following:
- Cuts and bruises
- Fractures and dislocations
- Soft tissue injuries, including torn ligaments
- Lacerations
- Head and spinal cord injuries
- Death
What to do After a trip and fall accident
If you’ve sustained injuries in a trip and fall accident on someone else’s property, there are several important steps you can take to strengthen your claim in the event you take legal action.
- Take pictures and preserve evidence: Take photographs of the accident location and injuries, including any hazards contributing to the incident. For example, if you sustained injuries from a pothole, taking pictures of the obstruction and resulting injuries can help prove you sustained injuries from the trip and fall incident.
- Identify witnesses: Identifying relevant witnesses are critical in strengthening your personal injury claim. Be sure to gather contact information from any witnesses to your accidents; they can corroborate your accident and prevent property owners from placing the blame on you.
- Seek medical attention: Have your injuries assessed by a doctor as soon as possible. Even if your injuries seem mild, a doctor will treat and record any injuries- which is critical in proving you sustained your injuries as a direct result of the accident.
- Report the accident: You must report your accident to the property owner or operator as soon as reasonably possible, even if your injuries require immediate medical attention. If an accident report is filed, retain a copy for your records.
- Contact an attorney: Consult with a New York trip and fall attorney before giving any written or verbal statements, which could weaken your personal injury claim. To consult with an experienced New York trip and fall attorney, contact Halperin, Halperin & Weiskopf PLLC at (212) 935-2600 or fill out our online form.
Taking these steps after sustaining injuries in a New York trip and fall accident are essential in strengthening your injury claim, as they help establish and corroborate the following facts and circumstances of your accident:
- The liable party was negligent in ensuring their property has safe conditions
- Such negligence was the primary cause of the accident and injuries
- The injuries sustained in the trip and fall accident caused medical and/or financial damages to the victim
Who is responsible for my Trip and Fall Accident?
Whether they are a government entity, corporation, or individual owner, property owners and operators are generally liable for most New York trip and fall accidents. They are obligated to keep their premises safe and hazard-free, which often involves regular inspection and maintenance practices, repairing hazards, and notifying guests, customers, and patrons of any dangers (i.e., wet floors or surfaces).
Additionally, it’s important to note that property owners and operators may also be liable for injuries resulting from trip and fall accidents involving trespassers- especially when the victim is a child. In these instances, plaintiffs often argue that the responsible party still should have known about the hazards on their premises.
What types of compensation are available?
Victims of New York trip and fall accidents are entitled to several different forms of compensation, depending on the nature and severity of the accident and injuries. Below is a list of damages typically awarded to victims of trip and fall accidents:
- Past and future medical expenses: if your New York trip and fall accident resulted in out-of-pocket medical expenses, you may be entitled to compensation for past and future medical costs related to your injuries.
- Past and Future Lost Wages: Trip and fall injuries can lead to severe injuries, preventing victims from returning to work. Past and future wages may be awarded to cover any past, present, or future lost wages.
- Pain and Suffering: If you have been injured in a trip and fall accident, damages may be available for any pain and suffering experienced from your incident and injuries.
- Temporary or Permanent Disability:
- Wrongful Death and Loss of Consortium: Victims of trip and fall accidents are not always limited to the injured party. Compensation can be awarded to spouses and children if the accident results in the death of a parent, spouse, or head of household.
- Punitive damages: Punitive damages are awarded to discourage future negligence. For example, courts may award punitive damages in instances involving repeat accidents.
Even if you are partially liable for your trip and fall accident, you may still be entitled to compensation for your injuries. New York State Law allows for comparative liability, meaning you can still collect compensation even if the court determines you are partially at fault for your trip and fall accident. For example, if the courts determine you are 30% responsible for your accident, you will still be compensated for 70% of your claim.
Should I hire an attorney for my trip and fall accident?
Consulting with a New York trip and fall attorney can significantly strengthen your personal injury claim. An experienced personal injury attorney can provide you with crucial advice regarding your claim and help ensure you receive adequate compensation for your injuries. Our attorneys at Halperin, Halperin & Weiskopf PLLC will conduct a thorough investigation of your accident and injuries, gather evidence, and negotiate with insurance companies on your behalf to ensure your receive adequate compensation. Moreover, our attorneys at Halperin, Halperin & Weiskopf PLLC are expert trial lawyers, meaning we’ll litigate your case, if necessary, to ensure you get the compensation you deserve.
Statute of Limitations
You must act quickly as New York State has a short statute of limitations on personal injury claims, and waiting too long could invalidate your claim. For most trip and fall accidents in New York State, the statute of limitations only extends three years from the date of the accident; however, this time limit may be longer if the victim of an accident is under 18 years of age. For trip and fall accidents involving wrongful death claims, the statute of limitations extends only two years from the date of the victim’s death. Lastly, it is important to note that the statute of limitations for trip and fall accidents is only 90 days from the accident date when a local, state or federal government entity is involved. In these instances, a Notice of Claim must be filed immediately- not longer than 90 days- after the accident.
Why Choose Halperin, Halperin & Weiskopf, PLLC?
If you or a loved one has been injured or killed in a New York trip and fall accident, let the experienced personal injury lawyers at Halperin, Halperin & Weiskopf, PLLC fight for the money you deserve. We have the experience to raise any and all potential claims and protect your rights throughout this challenging time, and our results speak for themselves. Give Halperin, Halperin & Weiskopf PLLC a call today at (212) 935-2600 or fill out the contact form on our website to schedule a free, no-obligation consultation with one of our experienced trip and fall attorneys.
For more than 40 years, Halperin & Halperin, P.C. has built a reputation in the legal community for its hard work, diligent representation, and advocacy for victims of negligent wrongdoing, personal injury, medical and professional malpractice, and commercial litigation. Even if you choose not to retain us, our attorneys will give your issue the focus and dedication it deserves—and find someone who can assist you if we are unable. Don’t hesitate to contact us today for a free consultation to discuss your civil litigation matter and any concerns relevant to your personal or business needs. Simply fill out our online form, or call us at (212) 935-2600. We’re glad to serve you.
Frequently Asked Questions
A: Even if the insurance company offers you compensation for your trip and fall accident, it is essential to consult with a personal injury attorney. Our experienced attorneys can help you determine how much your claim is worth and negotiate a higher settlement.
A: You can afford us. Halperin and Halperin P.C. operates on a contingency basis. We do not require any payment unless and until we recover damages.
