Let’s start with a baseline truth: a true slip and fall accident is not a joke or a scam.
Slip and fall accidents have acquired a bad reputation in some circles because of how they tend to be represented in media. Sometimes the news has focused on the spectacle of a rare fraudulent case.
But this reputation is unfair to the many, many people who have suffered real and serious injuries after an accident due to a business or person’s failure to keep their property reasonably safe. Fractures, brain injuries, and other trauma can create mounting medical bills, keep you out of work, or change your life completely. But insurance companies and property owners might try to accuse you of exaggerating the severity of your injuries or argue that the accident was solely your own fault.
If you or a loved one has been injured in a slip and fall accident, there is no reason to feel embarrassed or intimidated. An experienced Buffalo slip and fall accident lawyer can help you receive the compensation you need to aid recovery and any long-term care.
Here is when it helps to have a slip and fall lawyer on your side.
You Must Prove Negligence Led to the Accident
Slip and fall accidents are under the legal realm of premises liability. Simply put, property owners have a legal duty to maintain reasonably safe property conditions, keeping visitors from unnecessary harm.
Safety expectations include, but aren’t limited to:
- Keeping stairs and walkways clear and well maintained, including cleaning up spills, fixing uneven flooring, removing ice and snow, and repairing broken sidewalks
- Installing proper handrails and guardrails
- Keeping buildings up to New York fire, building, accessibility, and maintenance codes
- Following proper design and construction guidelines at building sites
If you were lawfully on someone’s property and were injured by an unreasonably hazardous condition, you might have grounds to file a premises liability claim. However, you still must prove certain facts:
- The hazardous condition existed on the property while you were there
- The hazardous condition caused or contributed to your injuries
- The property owner either knew about the hazardous condition or had no reasonable excuse not to know of it
Even if you were partly to blame for your injuries, you may still be able to collect damages under New York state comparative negligence laws. However, property owners and insurance companies may try to take any opportunity they can to push against your claims, assigning more blame to you than you deserve – or all blame entirely. Having as much evidence to back your case as possible will help, and that’s where a slip and fall attorney serves as an advantage.
When you hire a law firm for your slip and fall case, they will be able to gather extensive evidence while you focus on recovery. They can request photos of the scene, available camera footage, accident reports, interviews with witnesses, and past records into incidents and maintenance at the property.
You Need Someone to Talk and Negotiate on Your Behalf
While gathering information for your slip and fall claim, other parties will be trying to make their cases, too. Involved insurance companies and opposing attorneys will likely try to contact you. However, they will again likely take any opportunity to turn things toward their favor.
An insurance company might try to get you to settle for less than you actually need for your recovery and care, or an opposing attorney might try to take the statements you make as admissions of fault. Even the tiniest slip-up or most harmless-sounding statement could cause trouble for you later in settlement negotiations or at trial.
The good news is that, just as with gathering evidence, a slip and fall accident lawyer can handle both your communications and presence at the negotiating table for you as well. You won’t have to worry about saying the wrong thing when your correspondence is going through an expert on the law and your rights who has also taken the time to understand your needs and best interests.
You Need to Determine Your Slip and fall Damages
Understanding the full value of your losses in a slip and fall accident is not simple. Often you must consider both your present and future needs, as well as economic and non-economic damages.
Some matters, such as lost wages and your current medical bills, are easier to add up. But in many cases, injuries will require long-term care. What might the costs of that care be? And what if you can’t return to the job you had and must take a lower paying position? That could be considered in damages as well.
Other damages don’t have a specific amount tied to a paycheck or bill but are no less important. The slip and fall accident has likely caused you pain and restricted your ability to take care of your family and do the things you love. There are legally accepted ways to determine the values of these factors as well.
If you accept a lower settlement, chances are very low that you can seek more if you discover you need it in the future. Hiring an experienced slip and fall accident lawyer can help you ensure you are seeking the full compensation you deserve to properly cover your needs through the future.
Talk with a New York Slip and Fall Lawyer
Slip and fall accidents happen all the time, with many people unfortunately suffering injuries that impact them for the rest of their lives.
If you are wondering whether you or a loved one have a reasonable personal injury claim due the carelessness of a business or property owner causing you to suffer a slip and fall accident, never hesitate to ask. Do not let misguided opinions that you are being “greedy” or “opportunistic” stop you from seeking answers.
At Feroleto Law, we are happy to discuss your case over a free consultation. We can review all the factors around what happened, as well as your current and potential future needs. If we believe it might not benefit you to pursue your case, we will tell you – and there is no shame if it won’t. And if you do hire us, you do not owe us any compensation unless we win a settlement or trial verdict for you.
Under New York premises liability law, generally you have three years from the day of the accident to file a slip and fall accident lawsuit, but there are many exceptions that shorten the time to make a claim. So, if your accident happened a while ago, you still might be able to file a claim. It is best to reach out to a lawyer as soon as you can, though.
We work closely with our clients to help them get what they need – not just compensation, but proper care and emotional relief as well.
If you need a Buffalo slip and fall lawyer, call us today at (716) 427-0244 or fill out our contact form to schedule a consultation. We’ll be happy to talk with you.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]
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