Three Myths About Slip and Fall Injuries
Slip and fall accidents are common. In fact, according to the National Safety Council, slip and fall accidents are the second leading cause of unintentional injury-related deaths.
These accidents happen when a person slips, trips and falls and gets injured on someone else’s property. Injuries can range from broken bones to brain damage and in more severe cases, even death. Typically, these types of accidents result in damages such as medical bills, pain and suffering and lost wages.
There are many misconceptions about how to handle these accidents that may cause someone to not pursue legal action.
Myth #1 – You can only recover for major injuries.
Even minor injuries can be recoverable. Some injuries will be visible right away while others may take time to develop. We therefore recommend documenting the location of the accident as well as your injuries immediately following an accident as it will help to eliminate potential problems.
Myth #2 – You only have a small window to sue.
The answer depends on who is responsible for the maintenance of the property. If your accident was caused by the negligence of a property owner, you have up to three years from the date of the accident to file a lawsuit against the responsible party[1]. If the accident occurred on government property, such as a subway station, you only have 90 days from the date of the accident to file a “notice of claim.”
Myth #3 – If your injury occurred on someone else’s property, the owner is responsible for your financial losses.
To hold a property owner responsible for your accident and subsequent injuries, you need to prove negligence. If your injury occurred because of a dangerous/defective condition that the property owner knew or should have known about, then the owner may be liable for your medical bills, pain and suffering and lost wages.
To complicate things even more, New York is a comparative negligence state[2]. This means that a court could find that both you and the responsible party are liable. That doesn’t mean you can’t still receive a monetary recovery. If you are found to be partially responsible, the recovery may be reduced based on the percentage of fault assigned to you.
The best way to handle a slip and fall case is to call us immediately. You worry about getting better and we will handle the rest.
[1] New York Civil Practice Laws & Rules section 214