Typically, in order to sue the 91×ÔĹÄHA for a slip and fall accident, you must:

1. Prove the 91×ÔĹÄHA was Negligent

In order to establish that the 91×ÔĹÄHA should be held responsible for your slip and fall injuries, you must establish negligence. Critically, the 91×ÔĹÄHA must have had actual or constructive notice of the dangerous condition that caused your fall. This means you must prove that the 91×ÔĹÄHA knew — or should have known — about the hazard and failed to make timely repairs.

2. File a Notice of Claim

If you intend to file a personal injury lawsuit against the 91×ÔĹÄHA for your slip and fall injuries, you must first file a Notice of Claim. This puts the entity on notice that you will be pursuing legal action, which must be done within 90 days of the accident. The Notice of Claim must contain:

• Details about the accident
• The location of the accident
• The date and time of the accident
• The nature of the claim
• Details regarding the damages and injuries sustained

Once you have filed the Notice of Claim, you have one year and ninety days to file a lawsuit. While standard personal injury lawsuits have a statute of limitations of three years, the shorter statute of limitations comes into play when suing a city entity or agency. The 91×ÔĹÄHA then has 90 days to request a 50-H hearing, which is similar to a deposition.

3. Collect Evidence

It’s important to collect any evidence against the 91×ÔĹÄHA that supports your slip and fall claim. While a personal injury attorney can gather crucial evidence — such as complaints made to the 91×ÔĹÄHA — it can also be useful to collect evidence at the scene of the accident if you are able. For example, you should take photos and video of your injuries and the hazardous condition that caused them. Also, collect the names and contact information for any witnesses who observed the incident.

4. Seek Medical Attention

Medical documentation is vital to your 91×ÔĹÄHA claim and serves as the foundation of your personal injury lawsuit. It’s a good idea to seek medical attention immediately after a slip and fall accident, even if you don’t think you’re seriously injured. In many cases, such as those involving traumatic brain injury or spinal cord damage, symptoms may not appear until weeks later. Obtaining prompt medical treatment and following your doctor’s orders is essential for your health — and to build your claim.

5. Document Your Losses

In order to pursue a personal injury case against the 91×ÔĹÄHA, you must show that you suffered damages. Keep track of your out-of-pocket medical expenses, lost wages, and any out-of-pocket costs you incurred due to your slip and fall to establish your economic damages. You should also keep a journal documenting the physical limitations you suffered and how your injuries impacted your daily life and livelihood. This can be helpful when it comes to proving your non-economic losses.

Contact an Experienced New York Personal Injury Attorney

Filing a personal injury claim against the 91×ÔĹÄHA can be complicated, and having a knowledgeable personal injury lawyer who can help you secure the maximum compensation available for your injuries is critical. The Dearie Law Firm, P.C., has handled premises liability matters for over three decades, including claims involving the 91×ÔĹÄHA, and is dedicated to achieving the best possible results in each unique case. Contact us today for a consultation.

The post Can I Sue for a Slip and Fall on 91×ÔĹÄHA Property? appeared first on The Dearie Law Firm, P.C..

A slip-and-fall brain injury attorney can help to increase the value of your case by doing the following:

1. Helping You Avoid Pitfalls That Could Harm Your Case

Many pitfalls must be avoided in cases of a slip and fall that results in a brain injury. A personal injury attorney can evaluate your claim, help you avoid making any mistakes that could ultimately harm the outcome, and reduce the amount of compensation you would be entitled to. For instance, a brain injury attorney can help you preserve the evidence you need to prevail and avoid making the mistakes that could arise if you try to handle cases on your own. They can also ensure you don’t wait too long to file a lawsuit and run the statute of limitations.

2. Gathering and Preserving Evidence

Evidence is critical in a slip-and-fall case. A brain injury attorney will know how to gather and preserve crucial evidence that can show the negligent party’s carelessness and increase the value of your case. For example, they can obtain accident reports, surveillance footage, witness statements, maintenance reports, and photographs. They will also know how to ensure your medical treatment and injuries are well-documented to support your claim.

3. Working with Expert Witnesses

Medical experts can help increase the value of a slip and fall case that results in a brain injury by testifying about the extent of your brain injuries and their impact on your life. A medical expert can also testify about your past medical expenses and your future medical expenses. A slip-and-fall brain injury attorney will also have access to other experts who can be helpful in proving your claim, such as engineers, building inspectors, and architects. These experts can discuss how the flooring or building condition caused the slip and fall accident and why liability should be incurred.

4. Establishing Liability

In order to obtain compensation from the at-fault party in a brain injury lawsuit, liability must be established. A personal injury attorney can work to prove the defendant’s liability and hold them accountable for their wrongdoing. By having a solid understanding of the law, an attorney can prove that the property owner was careless in the upkeep of their premises, their negligence resulted in your slip and fall, and such carelessness caused you to suffer damages.

5. Negotiating with the Insurance Adjusters

A brain injury attorney will know the tactics and tricks the insurance companies use in an attempt to devalue your slip-and-fall case or deny your claim entirely. They have the knowledge, insight, and experience needed to negotiate with the insurance adjusters to maximize your settlement. However, if the insurance company refuses to settle for a fair amount, an attorney will know whether a better outcome might be obtained by fighting for your rights at trial.

Contact an Experienced New York Personal Injury Attorney

If you sustained a brain injury on the premises of another due to their negligence, you may be eligible to recover compensation in a personal injury action. An experienced slip and fall attorney can help ensure you obtain the compensation you deserve for your damages. The Dearie Law Firm, P.C., has handled slip-and-fall brain cases for over three decades and is committed to obtaining the best possible results in each unique case. Contact us today for a consultation.

The post Can a Slip and Fall Brain Injury Attorney Increase the Value of My Case? appeared first on The Dearie Law Firm, P.C..

Mistake #1: Failing to Obtain Evidence at the Scene

One of the most important things to do in a slip and fall case is to document it by collecting evidence at the scene of the accident. If possible, you should take photos of the hazardous condition that caused the accident and gather the names of witnesses who saw the slip and fall occur. Evidence can also include personal property or clothing that was damaged in the accident. You should also report the accident to management or the property owner and file an incident report — be sure to retain a copy for yourself.        

Mistake #2: Speaking with the Insurance Company

After a slip and fall accident, the defendant’s insurance company will likely contact you and try to obtain a recorded statement. Although insurance companies can provide you with monetary recovery after you’ve been injured on the insured’s property, adjusters will try to find any reason to deny or reduce your compensation. Critically, an insurance company is not permitted to speak directly with you once you are represented by an attorney.   

Mistake #3: Failing to Seek Medical Attention

Getting the medical help you need after a slip and fall isn’t only vital for your health. It’s also crucial to building your personal injury claim. Not only does the medical documentation in your case link the accident to your injuries, but it also demonstrates the extent of the injuries sustained — and helps prove your entitlement to monetary recovery.                                         

Mistake #4: Waiting Too Long to File a Lawsuit  

If you’ve incurred economic and non-economic losses in a slip and fall accident caused by another party’s negligence, don’t wait too long to file a lawsuit. There are specific statutes of limitation in place that can forever bar you from bringing a claim if the deadlines are not met. The statute of limitations for a personal injury action in New York is typically three years from the date of the accident. However, it is much shorter if the City of New York or one of its agencies should be named as a party in the lawsuit. In cases where the slip and fall occurred on city property, a victim must file a Notice of Claim within 90 days and file a lawsuit within one year and 90 days.     

Mistake #5: Handling Your Case on Your Own

One of the biggest mistakes slip and fall victims can make is attempting to handle their case by themselves. Not only can the personal injury lawsuit process be confusing and overwhelming, but the laws concerning negligence are highly nuanced. It’s imperative to work with an experienced personal injury attorney who knows how to evaluate your injuries, negotiate a settlement with the insurance company, and maximize your compensation.  

Contact an Experienced New York Personal Injury Attorney

If you’ve been in a slip and fall accident caused by someone else’s carelessness, recklessness, or negligence, a knowledgeable personal injury attorney can help to secure the compensation you deserve. The attorneys at the Dearie Law Firm, P.C. are aggressive negotiators and skillful litigators who are dedicated to ensuring every client obtains the monetary recovery to which they are entitled.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Mistakes to Avoid in Your Slip and Fall Case appeared first on The Dearie Law Firm, P.C..

When is a Property Owner Liable for a Slip and Fall?

Slip and fall cases are often complex, and there can be many variables involved. A property owner may be held liable for negligence if they knew, or should have known, about a dangerous condition and failed to take measures to timely remedy it. They might also be held accountable if they created the condition or failed to warn about a known hazard.

Slip and falls resulting from slippery floor conditions caused by rain or precipitation may occur in the following locations:

• Supermarkets
• Hotels
• Restaurants
• Shopping malls
• Office buildings
• Subway stations
• Bus stops

Significantly, a property owner cannot be held legally liable for the weather. But they can be responsible for slip and fall injuries that arise as a result of their failure to remedy any hazardous conditions they knew the weather might cause on their premises. For instance, if an owner is aware that rainwater can collect in a vestibule and lead to a slip and fall accident, they may have a duty to place appropriate mats on the floor or place a “wet floor” warning sign. They also have a duty to mop up any accumulated rainwater in a timely manner to prevent accidents.       

What is the Storm in Progress Defense?

Precipitation can often accumulate in the entryway of a building or vestibule during a snow, ice, or rain storm. New York law recognizes an exception to a property owner’s duty to take reasonable safety measures when a storm is ongoing. Often applied in cases involving sidewalk accidents due to snow or ice buildup, the “Storm in Progress” defense may protect a landlord from having to provide a continuous remedy for precipitation tracked inside the premises.

However, a plaintiff might still be able to hold a property owner responsible for their injuries, despite their assertion of the Storm in Progress defense. An owner or landlord can still be held liable for failing to repair any dangerous conditions that occurred prior to the storm that may have played a role in the accident — such as defects in the flooring, broken tiles, or improper floor mats. Additionally, if a plaintiff can show the storm ended a reasonable amount of time before the accident, and the defendant did not remove or mop the precipitation, the defense will not be applicable.       

Contact an Experienced Personal Injury Attorney

Slip and fall accidents can result in lifelong and debilitating injuries. It’s essential to have a knowledgeable personal injury attorney by your side who can help ensure you recover your damages. The personal injury attorneys at The Dearie Law Firm, P.C. have more than three decades of experience assisting slip and fall victims in New York to obtain the compensation they deserve for their injuries. 

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Is a Property Owner Responsible for Slip and Falls in Rainy Weather? appeared first on The Dearie Law Firm, P.C..

Types of Manhole Accidents

Manholes are constructed to provide workers with access to utility lines, pipes, or the sewer system. They are closed with a heavyweight cover that can weigh hundreds of pounds. While the cables underground are prone to damage caused by aging and erosion, they can cause a fire if they come into contact with flammable materials. When this happens, pressure can build up within the manhole and ultimately cause the cover to explode and be hurled into the air, striking a pedestrian or vehicle.    

Other common types of manhole accidents and injuries include the following:  

• Trip and fall accidents â€” Loose or missing covers can cause trip and fall hazards to pedestrians, leading to injuries such as broken bones, nerve damage, paralysis, and brain damage.
• Car accidents â€” If a manhole is left open or is dislodged, a serious car accident can arise if a vehicle hits it.  
• Steam and burn injuries â€” Hot steam can rise through the holes of the manhole cover, causing pedestrians to suffer severe burn injuries and disfigurement.
• Explosions â€” Heat buildup and faulty wires can cause explosions that put everyone in the vicinity at risk of harm, including pedestrians, bicyclists, and occupants of vehicles.
• Occupational injuries â€” Not only can lifting a manhole cover cause musculoskeletal conditions in workers, but they can also be injured as a result of fire, explosions, steam, and falls.

If you’ve been injured in a manhole accident, you should seek medical attention immediately. Whether or not you think you’ve been hurt, some injuries do not appear until several days or weeks later. Not only is getting the medical help you need vital for your health, but also to document any personal injury claim you may have. If possible, you should also take photos of the condition of the manhole and obtain the names and contact information of any witnesses.

Liability for Manhole Accident Injuries

Determining liability for a manhole accident is complex and requires a thorough investigation by an experienced personal injury attorney. Critically, there are many different city agencies and entities that can be responsible for manholes. They may be owned by entities and authorities such as the Department of Environmental Protection (DEP), the FDNY, Verizon, Con Edison, the MTA, or National Grid.

However, regardless of which entity owns the manhole, another may be responsible for maintaining it. While the DEP is the agency that responds to cover problems, the Department of Transportation must periodically inspect roadways and ensure they are secure. In addition, Con Edison is responsible for investigating issues related to steam and smoke emanating from manholes.

To hold a party liable for your manhole accident injuries, you must establish that they were negligent. This can be done by showing that the entity responsible for the manhole knew about the dangerous condition but failed to remedy it or provide a warning. You may also be able to bring a claim if you can prove that the owner of the manhole created the hazard.

Since manhole accidents involve the City of New York, it’s essential to be aware that there are much shorter statutes of limitation to bring a personal injury lawsuit. In litigation involving the City or one of its agencies, it’s crucial to note that you must also file a Notice of Claim within 90 days from the accident date. Failure to do so can forever bar you from recovering compensation for your manhole accident injuries.

Contact an Experienced New York Personal Injury Attorney

If you were hurt in a manhole accident, you might be eligible to file a personal injury lawsuit to recover your damages. The personal injury attorneys at The Dearie Law Firm, P.C. have more than three decades of experience helping manhole accident victims in New York obtain the compensation they deserve for their injuries. 

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Were You Injured in a Manhole Accident? appeared first on The Dearie Law Firm, P.C..

Causes of Hotel Slip and Falls

Hotel slip and fall accidents can happen nearly anywhere on the premises. Unsafe conditions may occur in the lobby, in the parking lot, at an onsite restaurant, in a stairwell, at the pool, or in a gym area. Common causes of hotel slip and fall accidents that lead to injuries can include:

• Inadequate lighting
• Icy walkways
• Spills or debris
• Precipitation accumulation
• Excessive floor wax
• Torn carpet
• Broken tiles
• Loose mats

After a slip and fall accident, it’s critical to gather as much evidence as possible. Take a photo of the hazardous condition with your smartphone and obtain the names and phone numbers of any witnesses. You should also file an incident report with the hotel and obtain a copy. Video surveillance footage and maintenance log books can also be essential in proving your case, among other evidence based on the specific facts and circumstances of the accident.  

Can a Hotel Be Held Liable for a Slip and Fall?

Hotels aren’t responsible for every slip and fall that occurs on the property. Importantly, they only have a duty to protect guests from a foreseeable risk of harm. To be held accountable for your slip and fall injuries, the hotel owner, management, or an employee must have been negligent or careless in some way. Negligence can be established in a personal injury action if a hazardous condition existed that the owner or one of its agents knew about—or should have known about—and failed to remedy it.

For example, if the hotel owner had knowledge of a defect in the flooring and did not repair it in a timely manner, you might be entitled to bring a lawsuit if you were hurt as a result. A hotel may also be held liable for failure to warn about potential danger by not placing the appropriate signage. Significantly, a hotel can be held vicariously liable for an employee’s actions or inaction under the theory of respondeat superior.  

In the event you caused the condition that gave rise to your injury (for instance, by spilling a beverage in your hotel room), the hotel would not be responsible. However, if an accident occurred in your room due to the hotel’s failure to repair a leaky pipe or faulty plumbing, you may be eligible to take legal action against the hotel.

Compensation for Hotel Slip and Fall Injuries

Depending on the cause of the incident and the surrounding circumstances, the injuries you may have sustained can be severe. Hotel slip and falls can result in nerve damage, broken bones, paralysis, brain injury, fractures, and various other injuries that can impact your daily life and livelihood. It’s crucial to seek medical attention immediately — not only for your health, but to ensure your case is properly documented through your medical records.

If you are able to demonstrate the hotel’s liability and sufficiently establish your injuries, you may be entitled to monetary compensation for your economic losses and pain and suffering. Economic losses cover unreimbursed medical expenses, lost wages, out-of-pocket costs, and other pecuniary damages. Pain and suffering damages—also known as non-economic damages—are meant to compensate you financially for the physical pain and mental anguish you experienced in connection with your injuries.

Contact an Experienced New York Personal Injury Attorney

If you were hurt in a slip and fall accident at a hotel, it’s vital to have the representation of a knowledgeable personal injury attorney who can help ensure the negligent party is held accountable. The Dearie Law Firm, P.C. has been advocating for the rights of slip and fall victims in New York and securing positive results in their cases for more than 30 years.  

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Hotel Slip & Fall: Who Pays for Your Injuries? appeared first on The Dearie Law Firm, P.C..

Uneven pavement, potholes, cracks, depressions, tree pits, snow and ice, debris, and other defects can all cause a pedestrian to trip and fall or slip and fall, and sustain injuries as a result thereof. If the fall was caused by an unsafe or dangerous condition, the party responsible to safely maintain that area may be held liable for their negligence, and responsible for your damages.

Understanding New York City’s Sidewalk Law

Determining liability for a sidewalk trip and fall in New York City can be complex. While sidewalks are primarily public walkways, the party responsible for safely maintaining them is not necessarily the City of New York. In fact, there are actually limited situations in which the City is responsible for sidewalk maintenance.  Since the enactment of  in 2003, responsibility and liability shifted from the City to the adjacent building owners of the sidewalk where you fell. 

Commonly referred to as the “Sidewalk Law”, §7-210 makes adjacent property owners responsible for maintaining the sidewalk that abuts their property. The law specifies that the sidewalk must be kept in a “reasonably safe condition”. This means property owners have a certain amount of time to repair defects and remove snow and ice from their abutting sidewalk. Failure to do so can result in the property owner, manager, or other responsible party, being held liable for any trip and fall injuries caused by their negligent maintenance.

New York City’s Sidewalk Law Exceptions

Even though the City is no longer responsible for the majority of sidewalk trip and falls, there are exceptions. The Sidewalk Law generally exempts the owners of one, two, or three-family homes as long as long as they are occupied by the owner and are used only for residential purposes. In these instances, the City may still be held liable for a trip and fall that occurs on the sidewalk abutting one of these properties.

Recoverable Damages in a Sidewalk Trip and Fall Case

Sidewalk trip and fall accidents can be serious matters, resulting in a wide range of injuries and extent of required medical treatment. Examples of typical sidewalk fall injuries include: 

• Twisted ankles
• Broken/fractured foot bones
• Sprains and strains
• Hip fractures
• Knee tears
• Spine injuries
• Traumatic brain injury
• Paralysis
• Fatality

Trip and fall injuries due to sidewalk defects can result in the need for extensive medical care, treatment, and rehabilitative therapy. They can also cause you to lose time from work. If your sidewalk trip and fall is caused by the negligence of another party, they may be held liable for your damages in a personal injury action based on premises liability. 

In a personal injury action, you may be entitled to compensation for economic damages in a sidewalk trip and fall. These can include out-of-pocket medical expenses, past and future medical expenses, and lost wages. You may also be entitled to recover non-economic damages including compensation for pain and suffering, emotional distress, loss of consortium, and punitive damages.

Contact a New York Premises Liability Attorney

If you sustained injuries in a trip and fall accident, it is important to contact an experienced personal injury attorney right away who handles premises liability cases. In any trip and fall accident, there are strict statutes of limitations that begin running from the date of the accident and shorter ones if the claim involves a municipality. If you tripped and fell due to another’s negligence, The Dearie Law Firm, P.C. can help you obtain the maximum compensation available for your injuries. 

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us at (212) 970-6500 for a consultation.  

The post Who is Liable for Sidewalk Trip and Falls in New York City? appeared first on The Dearie Law Firm, P.C..

Causes of Slip and Fall Accidents at Restaurants   

Restaurants have a legal duty to keep the premises safe and free from known and foreseeable dangers. If a restaurant owner knows a hazardous condition exists that could cause injury to a patron, employee, or anyone else on the property, they must remedy it in a timely manner — or provide an adequate warning. Failure to do so can result in their being held liable for any injuries that occur as a result.     

Slip and fall accidents at restaurants can happen for a variety of reasons. Common causes of slip and fall accidents at restaurants can include:

• Beverage and food spills
• Rain and precipitation
• Improper use of cleaning products
• Lack of slip-resistant floor mats
• Failure to use “wet floor” signs
• Poor lighting
• Torn carpet
• Grease spills

Critically, New York follows the rule of comparative negligence. This means that a slip and fall accident victim can still recover their damages even if they share some of the blame. The defendant may try to argue the victim’s shoes caused the fall — or the dangerous condition was so open and obvious that they should have observed it. While a victim would not be barred from receiving compensation in such cases, their award would be reduced by their percentage of fault.

Liability for Restaurant Slip and Fall Accidents

Depending on the facts and circumstances of the accident, there may be a number of parties who could potentially be held liable for any resulting injuries. For example, a property owner might be responsible if you were injured as a result of a known defect on the premises. The restaurant owner may also be held accountable for failing to correct certain hazards they knew about — or should have known about — such as spills and faulty floor mats. In some cases, a restaurant owner may also be held liable for the negligence of their employees.

Recovering Damages in a Restaurant Slip and Fall

Slip and falls at restaurants can result in serious injuries, permanent disability, and time lost from work. If you fall at a restaurant, it’s critical to seek medical attention right away — even if you don’t think you were injured. Certain injuries may not appear until days or weeks later. By going to the emergency room, a doctor can determine your injuries and recommend a course of medical treatment. In addition, medical documentation is the foundation of every personal injury case. Without it, you will not be able to prove the extent of your injuries.  

If the negligence of another is to blame for your restaurant slip and fall injuries, you may be entitled to recover your economic and non-economic damages by filing a personal injury lawsuit. Economic damages can include things like unreimbursed medical expenses, lost wages, and out-of-pocket costs incurred in connection with your medical treatment. Non-economic damages are meant to cover the pain and suffering you experienced due to your slip and fall injuries.

Contact an Experienced Personal Injury Attorney

Slip and fall injuries can be devastating and it’s important to ensure the negligent party is held liable for their actions — or inaction. A knowledgeable personal injury attorney can guide you through the legal process of filing a premises liability lawsuit and work to secure the compensation you are entitled for your injuries. The Dearie Law Firm, P.C. has more than 30 years of experience fighting for the rights of accident victims and achieving positive outcomes in their cases.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Who’s Liable if You Slip and Fall at a Restaurant? appeared first on The Dearie Law Firm, P.C..

If you slipped and fell, or tripped and fell, in a parking lot due to the negligence of a store or landlord who was responsible for maintaining it, you may be able to recover for your damages in an action for premises liability.

How Do Slip and Falls or Trip and Falls Happen in Parking Lots?

There are countless factors that can contribute to a parking lot slip and fall or trip and fall. While weather conditions can contribute to falls, so can failure on the part of the responsible party to reasonably ensure the lot is free from dangers.

If you slipped and fell due to a condition that the property owner, landlord, store, company, or other responsible party knew about (or should have known about) and failed to remedy, they may be liable for your damages.  

Parking lot slip and falls or trip and falls can arise year-round as a result of:

• Broken pavement
• Potholes
• Ice and slush
• Wet leaves
• Puddles
• Debris and spills
• Grease
• Inadequate lighting
• Wet paint

A responsible party may also be liable for your damages if they knew about a condition that could cause injury and failed to warn, such as by placing a danger sign near a pothole or depression.   

What Kinds of Injuries Can You Incur in a Parking Lot Trip and Fall?

Tripping and falling on parking lot pavement can have devastating and debilitating physical consequences. You may have sustained soft tissue injuries, spinal cord damage, or traumatic brain injury due to the impact of the fall. Other common injuries can include broken bones, fractured hips, and neck injuries. Falls can also result in bruises, scratches, and lacerations.

Depending on the circumstances of the fall and the type of injuries you incur, you might require medical treatment such as emergency room treatment, surgery, physical therapy, medication, and acupuncture. Your doctor may also recommend you for certain testing, including MRIs, CT scans, and EMG-NCVs to diagnose nerve damage if you have radiating pain.

If another party is liable for your parking lot injuries, you may be entitled to recover unreimbursed medical expenses, time lost from work, out-of-pocket medical expenses, and non-economic damages such as pain and suffering.

What Kind of Evidence Do I Need to Prove My Parking Lot Trip and Fall Case?

Evidence is critical to prove liability in your parking lot trip and fall or slip and fall case. Slip and fall and trip and fall cases rely heavily on medical records — this evidence is key to proving that you have a compensable injury arising from the accident. Medical evidence can also demonstrate the harm you suffered.

Other crucial pieces of evidence may include surveillance videos to show how the fall happened, photos of the defect that caused your fall, incident reports, and witness statements. Your attorney will know which evidence is necessary to obtain based on the facts of your case.

Contact a New York Slip and Fall Attorney

If you suffered injuries in a New York trip and fall or slip and fall in a parking lot, it is important that you contact an experienced personal injury attorney who handles premises liability cases immediately since there are strict statutes of limitation that begin running from the day the accident occurred. A personal injury attorney can work to hold the responsible party accountable for their negligence and protect your legal rights.

The Dearie Law Firm, P.C. can help obtain you the maximum compensation you deserve for your parking lot injuries. The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us at (212) 970-6500 for a free consultation.  

The post Parking Lot Slip and Falls & Trip and Falls appeared first on The Dearie Law Firm, P.C..

Soft Tissue Injuries

Many slip and fall cases involve soft tissue injuries. These can occur when your body abruptly moves, twists, or is jolted resulting in impact to the muscles, ligaments, or tendons so that they tear, stretch, or bruise. Sprains, strains, bursitis, tendonitis, contusions, and stress fractures are routinely seen in slip and fall victims and can cause extreme pain. Doctors prescribe treatment such as physical therapy, use of hot and cold packs, medication, and acupuncture to help resolve these types of injuries.

Spinal Injuries  

According to the , falls are the second leading cause of spinal injuries nationwide, closely following car accidents. In the most severe cases, injury to the spinal cord can cause death. Depending on the spinal cord area that was severed or compressed, spine injuries can range in severity and include:

• Bulges
• Herniations
• Slipped discs
• Compressed discs
• Radiculopathies (nerve damage)
• Paraplegia (paralysis of the lower limbs)
• Quadriplegia (full paralysis)

Slip and fall spinal injuries can permanently affect your ability to perform your job functions. They can also result in a significant amount of medical care as well as costly surgeries and treatments. Physical rehabilitation, expensive medical equipment, and long term care may be needed depending on the severity of the injury.

Brain & Head Trauma

A slip and fall accident often results in head trauma as a result of contacting the ground. The impact can cause a concussion, cracked skull, , and loss of cognitive function. In some cases, you may not know you have a head or brain injury until days after the accident. This is why it’s critical to seek medical attention immediately following an accident — a doctor can run the appropriate tests to determine any brain injury before symptoms arise. Brain injuries that are left untreated can cause seizures, coma, complications, adverse psychological effects, or fatality.

Brain injury symptoms commonly include physical symptoms such as vomiting, nausea, headache, fatigue, and dizziness. However, they can also indicate sensory issues and cognitive impairment such as mood changes, slurred speech, poor coordination, and confusion.

Broken Bones and Fractures

Any bone in the body can be broken or fractured in a slip and fall accident. Hip fractures are among one of the most common fall injuries and they can be particularly serious, especially for . According to the , one-fifth of all falls result in broken bones or head injury, with over 800,000 people being admitted to the hospital, annually, due to a hip fracture or head injury. Older people can also be at  of earlier death as a result of broken bones.  

Bones commonly broken as a result of the impact or force of a slip and fall injury can include the ankle, wrist, pelvis, femur, tailbone, kneecap, elbow, or any other bone. In addition, many types of fractures can occur, ranging in severity. Whenever you suspect a bone might be broken or fractured, it’s essential to seek medical attention immediately to avoid complications that could later arise.

Contact an Experienced New York Slip and Fall Attorney

These are only some of the injuries a slip and fall victim may experience. If you or your child slipped and fell as a result of someone else’s negligence, you may be entitled to compensation. The facts and circumstances of every slip and fall case are unique. It’s important to contact an experienced personal injury attorney right away who can protect your rights and inform you of your legal remedies. The Dearie Law Firm, P.C. can help you obtain the maximum compensation for your damages. 

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us today for a free consultation. 

The post Common Slip & Fall Injuries appeared first on The Dearie Law Firm, P.C..