Long Island Slip & Fall Accident Lawyer
Skilled Slip, Trip, and Fall Attorneys Serving Long Island, NY
Property owners are responsible for the safety of people that lawfully enter their property. That means that a property owner must maintain his or her property in a reasonably safe condition. If a property owner should fail to maintain their property in a reasonably safe condition and a guest suffers an injury as a result, the property owner will be responsible for the injuries suffered. A Long Island Slip Trip & Fall Lawyer can help fight for your rights.
Common Causes of Long Island slip and fall accidents and Long Island trip and fall accidents:
- Untreated snow and ice.
- Slick or slippery floors.
- Unsafe staircases.
- Tripping hazards such as uneven sidewalks.
- Unsafe parking lots containing potholes or inadequate lighting.
When to consult with a Long Island Slip Trip & Fall Lawyer
Not all accidents require the assistance of an accident attorney. But if you have suffered an injury as the result of a fall, it’s a good idea to speak to an attorney before discussing your case with the representative from the property owner. Often, a personal injury attorney can protect your legal rights, recoup compensation for lost wages and medical bills and obtain a settlement for your pain and suffering.
Common injuries in slip and fall accidents and trip and fall accidents:
- Back and neck injuries.
- Torn ligaments and tendons.
- Sprains and strains.
How much is my slip, trip and fall accident case worth?
The value of a slip and fall or trip and fall injury is determined by various factors, including economic expenses like lost wages, as well as non-economic losses such as pain and suffering. At Palermo Law, we have extensive experience in handling numerous accident cases, enabling us to accurately evaluate the value of your case and secure the fairest settlement or jury award possible. For cases involving long-term injuries, we work with specialists in medicine and economics to ensure that your compensation is adjusted to account for future inflation. This provides you with peace of mind, knowing that you will receive compensation for years to come.
Proving A Long Island Slip Trip & Fall Case
It is important to understand that you are not automatically entitled to receive compensation in a slip, trip and fall case. There are certain legal requirements that need to be established in order to prove a property owner is responsible for your accident. The requirements are as follows:
- Unsafe condition. There must be some defect that caused your slip, trip and fall. Examples include a spilled beverage, an uneven step or an icy path.
- Knowledge of the unsafe condition. The responsible party must have knowledge of the condition prior to your slip, trip and fall accident. If actual knowledge can not be established, it is often enough to prove the responsible party should have know about the dangerous condition.
- Opportunity to fix. The responsible party must have had sufficient time to fix the dangerous condition but failed to do so prior to your accident. For example, if you fall on a snow covered walkway, an owner can escape responsibility if they can prove that there was not sufficient time to clean it prior to your fall.
What to do Following a Slip and Fall or Trip and Fall Accident
- Seek medical attention for any injuries immediately.
- Have pictures taken of the dangerous condition as soon as possible.
- Get the names of any witnesses to your accident.
- Report the accident to the property owner as soon as possible.
- Obtain an accident report if possible.
- Contact a qualified personal injury attorney prior to speaking to the other parties insurance company.
Additional Slip Trip & Fall Accident Resources
- What To Do In A Slip, Trip or Fall Accident
- Understanding New York State’s Liquor Liability “Dram Shop” Law
- Is A Home, Store, Or Property Owner Responsible For My Slip, Trip or Fall
- Holding A Property Owner Liable For Your Assault On Their Property
- An Insurance Company Wants A Recorded Statement
- The Steps Following a Slip Trip & Fall Accident
Slip Trip & Fall FAQs
What Should I Do If I’m Injured On Another Party’s Property?
First, Seek Medical Attention. It’s important to do this right away, as well as document your injuries and begin the appropriate treatment.
Second, document the condition that caused the injury. Take a picture of whatever it was that made you fall, whether it be a crack on a walkway or a slippery floor. Also take pictures of the scene. The goal is to make it clear in the photo where you were when you fell.
Third, collect the names of any witnesses and their contact information. Often, people will stay around and offer to help. Ask for their contact information right away because once they leave the scene of the accident their identity may be lost forever.
Finally, contact an experienced personal injury lawyer right away. Insurance company representatives will try to get statements from you to protect their own liability. Make sure you have a qualified premises liability attorney representing you to ensure that these companies do not minimize the compensation owed to you.
Is the Property Owner Responsible for my Slip Trip & Fall?
Property owners are obligated to maintain a level of safety for all patrons on their premises. When a personal injury claim is made for a slip trip and fall, it must be proven that the property owner was negligent in keeping you safe from that injury. In order to do this, three things must be established.
The condition was unsafe. This is where documenting the scene of the accident is so important. Your personal injury lawyer has to prove that it was a dangerous or unsafe condition that caused your accident.
There was prior knowledge of the condition. The attorney would then prove that the property owner must have known about the unsafe condition. This can be established in two different ways. If the property owner has been physically told about the condition, that is considered “actual” knowledge. This means there is clear proof that the owner knew about the condition and neglected to do anything about it. On the other hand, if it was likely that they should have known about the condition, this is called “constructive” prior knowledge, meaning the condition was noticeable and visible for a long enough period of time for the property owner to have noticed and corrected the hazardous area.
Finally, it needs to be proven that the unsafe condition could have been remedied. This means the owner had a reasonable amount of time to fix the problem, but neglected to do so. For example, if someone slipped on someone’s driveway immediately after a snowstorm, they may not be found negligent because they didn’t have sufficient time to shovel their driveway. But if days had passed and it still happened, that they had sufficient time to make it safe.
Will My Slip Trip & Fall Injury Case Go to Trial?
There may be a stigma that all personal injury cases will end up in trial. You may imagine yourself having to continually be in court where a jury will determine the fate of your case over a potentially extended period. But this isn’t always true. In fact, most cases do not require trial at all. A majority of cases are settled through negotiations, mediations and arbitrations. It’s also important to note that there’s no one particular type of case that ends up in trial. So a slip trip and fall injury case may or may not go to trial depending on the circumstances surrounding your specific case.
If you have a personal injury claim against a property owner, your personal injury attorney may be able to negotiate a settlement with their insurer over the phone. If it’s obvious that you weren’t at fault for your injuries, it can be proven that the property owner was negligent, and that you are actively pursuing treatment, insurance companies will likely agree to a fair settlement that covers your injury-related expenses.
It’s also important to note that trial is expensive. If you hire a personal injury attorney who has a lot of experience, they will have a well-defined idea of how your case may play out in trial. If they feel you may end up with less compensation by taking your case to trial, and that the settlement the insurance company is offering you is fair, they may suggest you take that settlement. Mediation and arbitration are also becoming an extremely popular alternative to trial as well. It’s a much less expensive and less time-consuming process than trial. A mediator will try to help facilitate an agreement on a settlement. However, decisions made in mediation are not binding. If an individual feels that the decision made in their mediation is not fair, they can still choose to reject the settlement offer and go to trial.
Sometimes however, your case may require going to trial. Sometimes the responsible party will deny being responsible for the accident, and will not want to compensate suitably. If an agreement cannot be made on liability, your case may require trial, as well. Sometimes an insurance company will argue that an injury is not related to your accident. For example, if you slipped and fell and injured your back, but you previously had back problems, the insurance company may deny payout, claiming that your back injury was not connected to your accident and therefore, they should not have to pay out.
There are also instances in which you agree on liability, but the insurance company refuses to pay out the settlement you and your personal injury attorney are seeking for your losses. In these cases, your case may require a trial in order for you to receive the full compensation you are entitled to. At Palermo Law, we go the distance for our clients, whether or not their case requires a trial.
Do I Still Have A Case if I Didn’t Immediately Seek Medical Attention?
This is a very common situation. Many people do not feel pain from an accident immediately. When you are in an accident, adrenaline can often cause you to not feel or notice the pain right away. Therefore, the real pain develops in the hours, and even days, following an accident. It is never too late to seek medical treatment. However, the sooner that you seek necessary medical treatment the better off you are for several reasons. First, medical treatment will help in diagnosing injuries and provide relief of pain. Second, it is easier to prove that the injury was caused by the accident, if you receive treatment close to the time of the accident.
I Slipped & Fell at a Friends House, Can I Get My Medical Bills Paid for Without Suing them?
A serious injury at a friend or relative’s home often presents an uncomfortable situation for friends and/or neighbors. However, it is important to realize that homeowner’s insurance often covers all the expenses associated with an injury in someone’s home. Further, an attorney can resolve many claims of this type amicably without the need for legal action. Additionally, an attorney will never pursue legal action if you are not comfortable with it, but you may still have a free consultation so you can examine your options to get your medical bills paid for, and then make a decision on your next steps moving forward.
Should I Give the Insurance Company a Recorded Statement After my Slip & Fall Injury?
If you’ve incurred an injury from a slip & fall or trip & fall on someone’s property, you’ll likely receive a call from an insurance adjuster promptly. They’ll likely ask you for a recorded statement of your incident. It’s best not to speak with them at all. They are likely hoping they’ve reached you before you’ve reached out to an attorney. The insurance company calling you represents the property owner, and they recognize they may have a lawsuit against them since they must pay to compensate for any economic or non-economic losses relative to your injury (medical bills, lost wages, pain and suffering, etc.). If you’ve already retained a personal injury attorney to manage your slip and fall claim, refer any insurance companies that are reaching out straight to your attorney.
The insurance adjuster is hoping to receive a statement in the hopes that they can use the recorded statement against you should you pursue a premises liability claim. If you leave key details out, such as the property owner admitting fault, they can use the recorded statement as evidence that this isn’t true. They may also ask leading questions that try to rope the claimant in to saying something that would hurt their case. This is why it’s crucial to have a personal injury attorney managing your claim and guiding you through the process.
What should I bring to our initial consultation?
You are not required to bring anything to your initial consultation. However, if you have certain information with you it will make it easier to fully evaluate your case and discuss it in more detail. The items that might be helpful are the following:
- Accident Report
- Photos of your injuries
- Photos of the scene of the accident
- Insurance information
- Witness names and contact information
If you do not have some, or even any of these things, don’t stress. Our Slip Trip & Fall injury law firm can gather the information for you. We have a full staff that includes an investigator that can obtain this information at no extra cost.
What Should I Expect Once I Hire Your Law Firm?
The first thing that my law firm will do is complete a full investigation of your accident which includes gathering all insurance information from the responsible parties, gathering evidence and witness statements, and gathering all medical evidence of your injuries.
After the investigation is complete, we will proceed with initiating a lawsuit against the responsible parties and litigate the case in court by conducting discovery. Once discovery is complete, we will work towards obtaining a trial date. Finally, if the insurance company of the responsible party is unwilling to pay a fair amount of compensation for your injuries, we will try the case and attempt to get a verdict that adequately compensates you for the injuries that you suffered from slipping and falling or tripping and falling. Click here to see our full process.
Where Are You Located?
We have six locations throughout Long Island. Our main office is in Hauppauge. But we also have offices in Huntington, Babylon, Patchogue, Riverhead and Garden City. We can also arrange in home or hospital appointments if you are unable to make it to one of our locations. We even offer after hours and weekend appointments
Why Hire Palermo Law?
- We always offer a free no obligation consultation.
- We never charge a fee unless we win your case.
- We provide personal one on one attention to client.
- We handle all insurance communications and paperwork for you free of charge
- We have over two decades of experience litigating premises liability cases on Long Island.
- We have obtained numerous million dollar verdicts and settlements.
We are a true accident litigation law firm. With two decades of experience, Premises Liability Attorney Steven Palermo heads the legal team at Palermo Law. He personally handles each client’s accident case from its inception through conclusion. He has litigated hundreds of personal injury cases and won several million dollar verdicts and settlements for his clients. He has a passion for helping injured people find justice in their fight against large multi-million-dollar insurance companies that try and minimize his client’s injuries. If you or a loved one has suffered serious injuries as a result of another persons negligence and would like schedule a free case evaluation from an experienced Long Island Slip and Fall and Trip and Fall Accident Attorney, call or email us today.
We can also arrange an in home or hospital consultation with you. Further, we handle all Long Island slip, trip and fall cases on a contingency basis meaning we never charge a fee unless we win your case.
Service We perform:
- Identifying all potential sources of recover including all bodily injury insurance limits.
- Complete investigative services including gathering of all relevant documentation such as accident reports and witness statements, medical records and reports. We often engage the help of experts in the field of accident reconstruction, medicine and economics to help support your claim.
- We will handle all insurance communications and paper work free of charge.
- We litigate your case. If your case cannot be settled we will litigate it in court. It is always our goal to obtain fair compensation for our clients without the need for trial. But rest assured, if your case does not settle we will be prepared to take your case to trial.
Trial Ready Strategy
Most slip and fall injury lawsuits are settled out of court at some point before a trial. Many personal injury law firms on Long Island don’t fully prepare their cases for trial when anticipating a settlement. This weakens their position when it comes time to negotiating a settlement. At Palermo Law, we always fully prepare every slip, trip & fall case as if it is going to trial. This level of preparation gives us the leverage to negotiate the highest possible compensation for our clients and puts us in a strong position should a trial become necessary.
Focused on Helping the Injured
We realize that being really well versed in any one area of law takes focus. Fall injuries are no exception. That’s why our Long Island personal injury lawyers only handle personal injury cases. Steven Palermo, our managing partner, has been exclusively handling personal injury cases for the last two decades. We handle all types of personal injury cases for the injured, including car accidents, slip and falls and work related accidents. We have never represented an insurance company and never will. We do what we do because we love helping people.
We offer every potential personal injury client a free, no obligation consultation at any of our five locations throughout Long Island. During the consultation, we will discuss your case in detail and give you our opinion on the chances of success. We will also discuss our potential strategy and our process for handling your case. If after fully discussing your case we feel it is a good fit for our Long Island Personal Injury law firm, we will discuss our fees and give you the option of moving forward with us as your lawyers.
Hire a Long Island Slip Trip & Fall Lawyer
We have litigated hundreds of accident cases over the last two decades. As a result, we’ve become very proficient in handling all aspects of accident litigation including no-fault and property damage claims. We know all the ins and outs of Long Island slip trip and fall accident claims and will use our experience to make sure you receive full compensation. We handle all Suffolk county accident cases on a contingency basis. This means we never charge an upfront fee and only get paid if we win your case.