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Aggressive Lawyers for the Seriously Injured

New York Slip and Fall Accident Attorney

Although property owners in New York are required to provide a safe environment to visitors, slip and fall accidents are quite common. Were you or your loved one injured due to a hazardous condition at a personal residence or business site? If so, a personal injury attorney can help pursue compensation for your medical expenses, lost income, property damage, and other damages.

The law office of Michael LoGiudice has successfully represented victims of slip and fall accidents at personal residences, restaurants, shopping malls, office buildings, and other private and public property. Our office has a proven history of successfully pursuing premises liability lawsuits for clients in Westchester, New York, and the surrounding areas. Contact Michael LoGiudice, LLP today to schedule a free case evaluation. We will answer your questions and help you understand whether you have a right to compensation. 

Common Causes of Slip and Fall Injuries

Unsafe flooring is one of the most common causes of slip-and-fall accidents. Slip and fall accidents can also occur due to missing handrails, inadequate lighting, broken steps on a staircase, and many other reasons. There are numerous causes for slip and fall accidents, but injuries are likely to occur because of the following conditions:

  • Wet, slippery floors
  • Icy sidewalks
  • Broken or uneven sidewalks
  • Poorly lit or cluttered pathways
  • Torn carpeting
  • Raised flooring
  • Broken stairs or loose handrails
  • Inadequate warning signs
  • Loose mats or rugs
  • Exposed wiring or other tripping hazards

Proving Liability in a Slip and Fall Accident Case

You’ll need to prove liability if you pursue an insurance claim against the business owner responsible for your slip and fall accident or a personal injury claim. Proving liability generally involves proving that the owner of the business failed to use reasonable care under the circumstances to prevent foreseeable injuries. It is necessary to prove that the owner knew, or should have known, about the hazardous condition that caused your slip and fall and failed to correct it promptly. You’ll also need to prove that the hazard caused the injury.

For example, a homeowner who fails to clear the walkway or stairs from ice and snow may be liable in a case arising from an accident at a personal residence. Similarly, in an injury at a commercial property, such as a grocery store, the business may be held liable for a fall that results from a spill that was not cleaned up promptly or if there were no adequate warning signs such as “wet floors.”

While injury victims may be entitled to compensation, several factors are involved in these claims, such as whether you were trespassing when the accident occurred. Moreover, if you were partially responsible for the fall, the court or an insurer may determine there was a comparative fault, in which you will only receive partial compensation.

Pursuing Compensation from a Negligent Municipality

Did you slip and fall on public property? If so, you may have a right to bring a lawsuit against a city, town, village, or government agency, it is necessary to file a notice of claim in writing within 90 days of the date of the accident. This notifies the government that you intend to pursue a lawsuit, and by filing a notice, you consent to undergo an examination by an independent medical professional. The timelines for filing a claim against a municipality can be short, so it’s important that you discuss your case with an attorney as soon as possible so you don’t lose the opportunity to file a claim. 

How Long Do I Have to File a Claim?

Regardless of the hazard that caused your accident, it is crucial to act quickly. These cases can be hard to prove, and property owners know to make necessary repairs or correct hazardous conditions before evidence can be collected. It is essential to have an experienced attorney with the skills and resources to investigate and document the hazard at the premises promptly. In most cases, victims only have three years from the date of the slip and fall accident to file a claim. 

Damages Available in a Personal Injury Lawsuit

Victims of serious slip and fall injuries often require significant medical treatment. For example, those who suffer paralysis due to spinal cord injuries or traumatic brain injuries (TBI) may need surgery, lengthy rehabilitation, ongoing medical appointments, and, in some cases, long-term care. They may not be able to return to work due to their injuries. Pursuing compensation through a personal injury lawsuit allows victims to recover compensation for all the damages they’ve incurred. 

The types of damages available in slip and fall accident cases include economic and non-economic damages. Economic damages include damages that can be easily quantifiable, such as past and future medical expenses, loss of income, and loss of future earning capacities, therapies, and medical equipment. Non-economic damages include the following:

  • Mental trauma and anguish 
  • Emotional distress and anxiety 
  • Depression, post-traumatic stress disorder (PTSD)
  • Scarring and disfigurement
  • Inconvenience, loss of enjoyment of life, and loss of quality of life
  • Loss of consortium

The Benefits of Working with a Skilled Personal Injury Attorney

At the law office of Michael LoGiudice, we are well-versed in premises liability law and have extensive experience pursuing these cases. We will take the time to assess the validity of your claim, conduct a thorough investigation, and ascertain the property owner’s liability. Because these claims often involve negotiating a settlement with an insurance company, it takes a highly skilled attorney to obtain the maximum settlement possible. 

Schedule a Free Case Evaluation with a Slip and Fall Accident Attorney in New York

Slip and fall accidents can cause devastating life-altering injuries. If you were injured in a slip-and-fall accident resulting from another’s negligence, you might be entitled to compensation. Attorney Michael LoGiudice is here to help you pursue damages for pain and suffering, lost wages, medical and rehabilitative costs, and other expenses. 

Contact Michael LoGiudice, LLP today to schedule a free, no-obligation consultation to learn more about your legal options and rights. We represent clients in the greater New York area, including Manhattan, Queens, Brooklyn, the Bronx, Westchester, Putnam, Dutchess, Nassau, and Suffolk Counties.

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