A slip and fall injury is a common occurrence with thousands of claims made each year. Slip and fall accidents can happen suddenly and unexpectedly, turning your life upside down in an instant. A slip and fall can seem like a minor injury at first, but result in costly medical bills, lost wages from time missed from work, future medical costs, and pain and suffering. Many victims suffer serious, life-altering injuries that can even result in wrongful death.
Whether you are a guest at a private residence or visiting a public place, such as a mall, restaurant or parking lot, you have a right to be safe from injury while on another’s property.
When a slip and fall injury occurs, often there was some hazardous condition present on the property that led to the accident. The property owner or manager may be responsible for not providing safe conditions on the property and may be liable for your accident.
If you have been injured in a slip and fall accident, the slip and fall attorneys of Suris & Associates are committed to helping you recover the necessary compensation. Someone else may be responsible for your accident and you may have grounds to initiate a lawsuit for your injuries and damages.
Slip and fall claims can arise out of injuries on almost any type of property, including:
• Private Residences
• Parking Lots & Ramps
• Amusement Parks
• Shopping Malls
• Hotels & Motels
• Bars & Restaurants
Slip and fall accidents can result in lasting injuries that disrupt your life for months or years to come. If you have sustained an injury as a result of a slip and fall accident, in addition to the physical pain from your injuries, you may find yourself in a very difficult situation:
• unable to work;
• unable to pay your bills;
• worried about property damage to your vehicle; and
• in need of the best medical care possible in order to recover from your injury.
What You Need to Know If You Were Injured on Public Property
Slip and fall lawsuits against municipalities were once very common, as injury victims sued for damages after getting hurt on city sidewalks, streets and municipal parking ramps. Over the past several years, however, the city has successfully lobbied to shift liability to the adjoining property owner. To win a premises liability lawsuit in today’s legal and political atmosphere requires a thorough knowledge of property law, municipal regulations, and how judges and juries are likely to interpret laws involving personal injury litigation.
At Suris & Associates, we are fully knowledgeable about municipal laws and how they affect slip and fall claims. If you have been injured in an accident on public property, you have only 90 days to put municipalities and municipal agencies on written notice of an incident and the intent to pursue a claim within 90 days of the incident. We start investigating your case immediately and file all legal motions necessary to preserve evidence from being changed or repaired.
Filing a Notice of Claim in New York: A 90 Day Deadline
New York law gives municipalities and municipal agencies the right to receive a written notice of an incident and the intent to pursue a claim within 90 days of the incident. This written document is known as the Notice of Claim since you are giving the municipality or the municipal agency a notice that you have a claim.
If you fail to file a Notice of Claim within 90 days, then you lose the right to file a lawsuit.
The Notice of Claim deadline is in addition to the Statute of Limitations deadlines that exist. All motor vehicle accident, slip and fall, medical malpractice, wrongful death and personal injury cases in New York must be filed within a certain amount of time. That deadline is called the Statute of Limitations (click here to learn more about the Statute of Limitations).
How We Can Help
If someone is liable for your injuries, you have the right to pursue a lawsuit against him or her to recover compensation for your accident-related costs.
Securing financial compensation in slip and fall cases can be difficult because of confusing issues of ownership, responsibility, and causation. To win a premises liability lawsuit in today’s legal and political atmosphere requires a thorough knowledge of property law, municipal regulations, and how judges and juries are likely to interpret laws involving personal injury litigation.
However, the slip and fall lawyers at Suris & Associates have developed a successful record of representing clients in premises liability cases. We will gather all evidence available to determine who is responsible for your accident and will pursue the liable parties to the full extent of the law to recover the injury compensation that you deserve.
What You Should Do After a Slip and Fall Accident
When possible, we recommend the following:
• Photos. Take photographs of the scene of the accident, your clothing and shoes and any visible injuries to document your injury.
• Witnesses. If someone witnesses your fall, try to get their name, address and telephone number.
• Incident Report. If you suffer injuries in a store or restaurant, file an incident report. You can do this by asking for the manager. They will then document your version of the accident. This will prove to be valuable in representing you for your injuries. Unless you are unable, make sure you obtain a copy of the accident report before you leave.
• Evidence. We recommend you save the item that caused your fall. For example, if you slipped on a piece of fruit or a vegetable, place the item in a plastic bag and freeze it. You may also want to safeguard the shoes you were wearing at the time of the fall. These can be placed in a plastic bag and taped shut to preserve any matter stuck to your shoe.
Don’t let a negligent individual get away with inflicting hardship upon you or your family. For sound legal advice and assistance regarding slip and fall accidents and injuries, contact the New York slip and fall lawyers of Suris & Associates today at (631)423-9700.