When it comes to premises liability law, one of the most common types of cases filed here in Queens & Bronx County are slip and fall claims. Many people are injured yearly in accidents due to slippery or uneven surfaces, and these claims can be complicated to navigate. 

If you have been injured in a slip-and-fall accident, it's important to understand your legal rights and options to make the right decision for your case. In this post, you will find some of the most frequently asked questions about slip and fall claims and information about how to proceed if you have been injured.

What are slip and fall claims?

A slip and fall claim is a type of personal injury claim that arises when someone is injured due to a dangerous or slippery surface. These claims can be filed against private property owners and businesses and can be complex to litigate.

A variety of injuries can result from a slip and fall accident, and the severity of the injuries will depend on the circumstances of the fall. Some common injuries include broken bones, concussions, back and neck injuries, and soft tissue damage.

If you have been injured in a slip and fall accident, you may be able to make a claim against the person or business responsible for the property where the accident occurred. In order to succeed in such a claim, you will need to show that the property owner was negligent in their duty to keep the premises safe. Common examples of negligence include failure to clean up spills, repair broken sidewalks, and warn visitors of potential hazards. If you can prove that the property owner was aware of the hazard and failed to take action, you may be able to recover damages for your injuries.

What steps should you take after a slip or fall?

If you have been involved in a slip and fall accident, there are a few important steps that you should take in order to protect your legal rights:

1. Seek medical attention as soon as possible, even if you don't think you're injured

If you've suffered a slip or fall accident, it's important to seek medical attention as soon as possible, even if you don't think you're injured. This is because some injuries, such as internal bleeding or concussion, may not immediately appear. Any delay in seeking treatment could worsen your condition and impact your legal case if you decide to pursue one. In addition, seeking prompt medical care will provide your lawyer with documentation of your injuries that will be essential for proving your case. So if you've been in a slip or fall accident, don't delay getting the medical attention you need.

2. Gather evidence from the scene of the accident

After you have been involved in a slip or fall, gathering evidence from the accident scene is important. This evidence can help to establish what caused the accident and who may be at fault. For example, if you slipped on a wet floor, taking photographs of the wet floor and any warning signs can help show that the property owner was aware of the hazard and did not take steps to mitigate it. Similarly, if you fell down a set of stairs, taking pictures of the stairs can help to show that they were in disrepair and posed a danger to anyone using them. In short, gathering evidence from the scene of an accident is an important step in protecting your legal rights and ensuring that you receive compensation for your injuries.

3. Contact a personal injury lawyer to discuss your case

The likelihood of winning slip and fall claims depends on several factors, including the severity of your injuries and the circumstances of the accident. However, there are some general guidelines that can help you decide whether to seek legal counsel. For example, if the accident occurred on someone else's property, it is possible that the property owner may be liable for your injuries. Similarly, if the accident was caused by a dangerous condition on the property, such as a broken step or a slippery floor, you may have grounds for a personal injury claim. Even if the property owner is not legally responsible for your injuries, they may still be willing to negotiate a financial settlement. Contacting a personal injury lawyer can give you a better understanding of your legal rights and options.

4. File a claim with the negligent party or their insurance company

Finally, if your personal injury lawyer determines you have a case to make a claim against the negligent party, you should file the claim either directly with them or with their insurance company. If you have been injured in a slip or fall that wasn't your fault, you deserve to be compensated for the financial, physical, and emotional toll it has taken on you.

What evidence do you need to support your personal injury claim?

If you've been injured in a slip and fall accident, there are a few key pieces of evidence that can help to support your claim:

Evidence that establishes liability

In order to prove that someone else is liable for your injuries, you will need to gather evidence that establishes who was responsible for the accident. This can include evidence from the scene, witness statements, and relevant legislation.

Medical evidence

Medical evidence is essential for proving the extent of your injuries and the costs of your medical care. This can include doctors' reports, hospital records, and receipts for any out-of-pocket expenses.

Evidence of personal costs incurred

You may be entitled to lost wages if you have missed work due to your injuries. However, you must provide evidence of your lost earnings, such as pay stubs or tax returns. You may also be able to recover other expenses, such as the cost of therapy or home care.

Who can help you with your personal injury claim for a slip and fall accident?

If you've been injured in a slip and fall accident, you may be wondering who can help you with your personal injury claim. The answer is an experienced and qualified personal injury attorney. A personal injury attorney will know how to investigate your accident, gather evidence, and build a strong case on your behalf. They will also be familiar with the ins and outs of the legal system, and they will fight diligently to get you the compensation you deserve. If you're looking for help with a personal injury claim in Queens & Bronx County, get in touch for a free consultation.