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.
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:
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:
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.
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:
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.
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:
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.
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.
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.
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.
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.