Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Slip and fall accidents are a leading cause of emergency room visits and hospitalizations across the United States. These accidents can happen anywhere and can usually be traced back to a negligent property owner failing to maintain safety standards.
At The Barnes Firm, we know how serious the injuries resulting from a slip and fall accident can be. After an accident, call us at (800) 800-0000 and ask to speak with one of our experienced Buffalo slip and fall lawyers. We are here to help you handle the legal aspects surrounding your case so you can focus on recovering from the injuries you sustained.
“Alex Bouganim is the managing attorney at the Manhattan Office of The Barnes Firm. As managing attorney, Alex is responsible for overseeing all of the cases in the Manhattan Office. In addition to focusing his practice on general negligence cases, including car accidents, slip/trip and falls, and wrongful death cases, Alex is the Co-Chair of the firm’s construction site accident department. “
Injuries after a slip and fall can be serious and may leave you with expensive medical bills. In order to get the financial compensation, you deserve after a slip and fall accident, you should partner with a trusted Buffalo slip and fall accident attorney at The Barnes Firm. With over 100 years of combined experience, our attorneys are knowledgeable in New York State injury law and will work hard to get you the best result possible for your accident case. After a slip and fall accident, don’t accept the initial offer from insurance. Instead, call The Barnes Firm at (800) 800-0000 to find out what your case is worth. It could be the best call you make.
Slip and fall accidents can occur anywhere, anytime. Our team of attorneys have found some of the most common causes of slip and fall accidents include:
If one or more of these hazards existed on someone else’s property and caused you an injury, you have the right to pursue financial compensation. The Barnes Firm is here to help you do that. Our team of slip and fall attorneys are adamant about holding negligent property owners and managers responsible.
When it comes to slip and fall accident claims, the general rule is that you may not obtain further compensation from the at-fault party once you’ve accepted a settlement from insurance.
Many victims of slip and fall accidents rush to file an insurance claim. Unfortunately, some insurance companies take advantage of the situation by tabling a low settlement offer, which won’t cover all the victim’s injury-related losses.
Sometimes, victims of slip and fall accidents get infections after surgery, leading to various complications. Subsequent complications require more surgery and treatment, leading to hefty medical bills.
It is also important to note that people respond differently to physical injuries— some people heal quickly, while others take much longer to heal. An experienced slip and fall attorney advises clients to obtain maximum medical improvement before accepting a settlement offer.
Maximum medical improvement (MMI) occurs when an injured victim has improved as much as possible. When someone attains MMI, the healing process stagnates. Obtaining an MMI helps an attorney anticipate future medical expenses in consultation with a doctor.
Waiting until you obtain maximum medical improvement also helps an attorney calculate any loss of earning capacity.
When a property owner’s negligence causes injuries to occur, they may be held liable, and victims may be able to recover financial compensation. In order to make a successful slip and fall claim in New York State, you must prove:
In New York State, you can be found partially liable for your slip and fall accident. If you are found partially liable, you can still collect compensation for your injuries. Your contribution to the accident will be weighed against the property owner’s negligence when determining how much compensation can be recovered. At The Barnes Firm, our team of Buffalo slip and fall attorneys will work hard to protect you against property owner’s attempting to shift the blame onto you. We will investigate all circumstances surrounding the accident to ensure liable parties are held responsible and help you recover the compensation you deserve.
Depending on how your accident occurred, slip and fall injuries can range from bruising to lifelong care. Our team of Buffalo slip and fall lawyers have successfully recovered compensation for slip and fall accident victims with the following injuries:
Our attorneys are equipped with the skills and knowledge to defend your case regardless of the severity of your slip and fall injuries. Call The Barnes Firm today at (800) 800-0000 to find out what your case is worth.
The compensation you can collect after a slip and fall accident will depend on the severity of the accident and your injuries. After investigating the circumstances surrounding your accident and determining liability, our team of slip and fall accident attorneys may be able to help you recover financial compensation for the following damages:
From the first phone conversation through to the final settlement, our team of Buffalo slip and fall lawyers will work hard for you every step of the way. Call us today at (800) 800-0000 for a FREE case evaluation – it could be the best call you make.
The most important thing you can do following a slip and fall accident is gather evidence. The safety hazard that caused your accident may be gone or fixed soon after your accident so it’s important to act quickly. If you are injured in a slip and fall accident, it’s important to take these steps:
At The Barnes Firm, our team of Buffalo slip and fall accident lawyers have decades of experience advocating on behalf of accident victims to help them get the best result possible. Call us today at (800) 800-0000 for a FREE case evaluation. Our attorneys are available 24/7 to answer any questions you may have regarding your accident.
In a slip and fall accident, proving negligence involves demonstrating that the property owner acted recklessly, resulting in your injuries.
However, you may need to gather evidence to demonstrate the following elements of negligence:
Since property owners have a duty of care to guests on their property, victims of slip and fall accidents must prove that a dangerous condition existed. For instance, a victim can demonstrate that the owner of a hotel installed slippery floors which exposed hotel guests to slip and fall accidents.
You could also prove that a school owner failed to install appropriate handrails on stairs, exposing children to accidents.
You can add weight to the slip and fall case by demonstrating that a property owner failed to fix a hazard that existed on the property. While a property owner may have mistakenly installed slippery tiles, their failure to make adjustments provides a basis for a slip and fall claim.
If you were unable to document the scene of the accident, an attorney can help you compile other sources of evidence, including:
Victims of slip-and-fall accidents should focus their energy on recovery instead of pursuing the at-fault party. Consider retaining a slip-and-fall attorney who can use their experience to gather compelling evidence on your behalf.
Understanding what caused an injury is crucial in proving negligence on the part of the property owner. An attorney can hire an independent investigator who can unearth the root cause of an injury.
Possible causes of slip and fall accidents include:
Victims of slip and fall accidents are entitled to a fair settlement to compensate for damages and injuries. Those who don’t know the value of their claims are likely to fall prey to insurers who prefer to minimize their payouts.
An experienced slip-and-fall attorney will estimate the value of your losses based on medical expenses, lost productivity, and the psychological impact an injury has on you.
The estimated loss should also be supported by evidence highlighting the importance of an attorney who may consult an expert to demonstrate the seriousness of an injury.
Most victims of slip and fall accidents obtain compensation from the at-fault party’s insurance provider. Even so, an insurer is always quick to table a settlement offer, which can pressure you to accept an amount that doesn’t cover your losses.
A slip-and-fall attorney can provide legal support and guidance during negotiations. First, they can evaluate the offer against your injury-related losses. Lastly, an attorney can table facts and evidence to negotiate a higher settlement offer.
If you can’t agree on a settlement with an insurance company, you may need to litigate the dispute in court. Similarly, if the insurance limit doesn’t cover injury-related losses, you can file a lawsuit to recover the damages from the assets of the at-fault party.
Although you’re entitled to compensation under personal injury law, you must file an insurance claim to protect your rights.
Here are crucial steps in protecting your rights:
Prioritize urgent medical attention after sustaining an injury, such as a slip and fall accident. You may visit a primary healthcare provider or an emergency room. While symptoms of most conditions do not appear instantly, early diagnosis prevents complications. More importantly, you’ll obtain medical records to prove your claim.
Make someone in authority aware of the accident and your injuries. Most businesses have a procedure for reporting accidents, so follow the required steps.
While it is possible to file a slip-and-fall claim independently, working with a personal injury attorney enhances your chances of obtaining a fair settlement amount.
You may be entitled to compensation if you’ve sustained an injury due to the property owner’s negligence. Even so, the New York statute of limitations requires victims of slip and fall accidents to initiate premises liability claims within three years.
The statute of limitations in New York State for personal injury and premises liability is three years. This means you have three years from the date of your accident or the date your injuries were discovered to file a claim. If your accident occurred on public property such as a municipal sidewalk or public park, you must file a claim within 90 days of the accident.
To make sure you do not miss any deadlines, it’s wise to call The Barnes Firm immediately after your accident occurs. We will put one of our best Buffalo slip and fall accident lawyers on your case, and help you get the best result possible. Call us today at (800) 800-0000.
After a slip and fall accident, don’t take on the insurance company alone. Instead, call The Barnes Firm and get a skilled Buffalo slip and fall attorney on your side. Our attorneys are available 24/7 to help you get started filing your accident claim.
Call (800) 800-0000 for a FREE case evaluation – it could be the best call you make.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
If you experience a slip and fall accident in New York, prioritize your well-being by seeking immediate medical attention. Document the scene, gather evidence, and take photos if possible. Report the incident to the property owner or manager, ensuring it’s documented. Obtain contact information from any witnesses. Preserve any clothing or footwear involved. Refrain from making recorded statements to insurance companies without legal advice.
Read more about: What to Do After a Slip and Fall Accident
A slip and fall accident occurs when an individual loses balance or traction and falls on another person’s property. These incidents often happen due to hazardous conditions like wet floors, uneven surfaces, or poorly maintained walkways. Slip and fall accidents can result in injuries ranging from minor scrapes and bruises to more severe harm like fractures or head injuries.
Property owners or occupiers have a duty to maintain safe premises, and if negligence contributes to the accident, the injured party may have grounds to seek compensation for medical expenses and other damages through a personal injury claim.
In New York, liability in a slip and fall accident depends on the property owner’s negligence. If the owner failed to maintain a safe environment, address hazards promptly, or provide adequate warnings, they may be held responsible for injuries sustained. However, the injured party’s conduct is also considered. New York follows a comparative negligence system, meaning if the injured person’s actions contributed to the accident, their compensation may be reduced.
Slip and fall settlements for injuries without surgery depend on various factors, including the severity of injuries, medical expenses, and the impact on the individual’s life. Common non-surgical injuries like sprains or contusions may result in settlements covering medical bills, rehabilitation costs, lost wages, and pain and suffering.
Settlement amounts vary widely, and consulting with a slip and fall attorney is essential for an accurate assessment of potential compensation. Their experience helps navigate negotiations with insurance companies and ensures the injured party receives fair and just compensation for the damages incurred in the slip and fall incident.
Read more about: Slip and Fall Settlements Without Surgery
Slip and fall settlements for injuries requiring surgery tend to be more substantial, encompassing medical expenses, surgical costs, rehabilitation, lost wages, and long-term impacts on quality of life. The severity and permanence of the injury significantly influence settlement amounts. Individuals who undergo surgery may be eligible for compensation that reflects both economic and non-economic damages, including pain and suffering.
Consulting with a skilled attorney is crucial in these cases to ensure comprehensive evaluation of the damages incurred and effective negotiation for a settlement that adequately addresses the significant consequences of injuries necessitating surgical intervention.
Read more about: Slip and Fall Settlements With Surgery
In New York, slip and fall settlements are calculated based on various factors, including the extent of injuries, medical expenses, lost wages, and the degree of liability. Comparative negligence may also play a role, reducing the settlement if the injured party is deemed partially responsible. Thorough documentation of the incident, evidence of negligence, and the representation of an injury attorney are critical in determining a fair settlement.
New York’s legal landscape requires navigating complexities, making professional guidance essential to secure a settlement that appropriately compensates for the damages incurred in a slip and fall accident.
The duration of slip and fall settlements in New York varies based on factors like the complexity of the case, negotiations with insurance companies, and potential legal proceedings. While some cases may reach a settlement within a few months through negotiation, others may require litigation and extend the process to a year or more. The thoroughness of documentation, legal strategies employed, and cooperation between parties influence the timeline.
A slip and fall incident report typically includes details about the accident, such as the date, time, and location. It outlines the circumstances leading to the fall, noting any hazards like wet floors or uneven surfaces. Witness statements, if available, may be included, along with the injured party’s account. Photographs of the scene and any relevant conditions are often attached. The report may also capture the injured person’s immediate actions and any communication with property owners or management. A thorough and well-documented incident report is crucial for supporting a personal injury claim.
The average settlement for a slip and fall knee injury varies widely, as it depends on factors like the severity of the injury, medical expenses, and the impact on the individual’s life. Settlements may cover medical bills, rehabilitation costs, lost wages, and pain and suffering. While some settlements are modest, others can be substantial, particularly if the knee injury leads to long-term impairment.
Consulting with a slip and fall attorney is crucial for accurately assessing the specific details of the case and pursuing a settlement that adequately compensates for the damages incurred.
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