New York City Trip and Fall Injury Attorney350 Fifth Avenue, Suite 6705
New York, NY 10118
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New York City Trip and Fall Injury Attorney
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Trip and fall accidents happen when hazardous obstacles or debris on a property cause someone to lose their balance and fall to the ground. While a tumble may just result in embarrassment for some, trip and fall accidents are not to be taken lightly. In fact, falling is the number one cause of accidental death for persons over the age of 65.
When a body hits the ground, the impact can cause bones to fracture, muscles to stretch or tear, joints to become dislocated, and the brain to smash against the inside of the skull. While some trip and fall accidents can't be avoided, others are the result of irresponsible property owners.
When an individual or entity opens their property to the public, guests, and visitors, they have a duty to maintain a safe environment. When they fail in this duty, and someone becomes injured, the injured party may be able to hold them liable for any damages that ensue. This area of the law is known as premises liability. If an incident like the one described happened to you recently, you might be wondering if a New York City trip and fall injury attorney is the right choice for you. Morgan and Morgan are here to help.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
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Should I Get a Lawyer for a Trip and Fall?
Not every injury accident requires the help of an attorney to get resolved. It's perfectly acceptable to file a claim, negotiate, and even represent yourself at trial if that's where the claim takes you. However, it may be more than you're prepared to handle if the circumstances of your accident are in question or if the property owner has their own lawyer representing them. Furthermore, if your claim ends up going to court, judges and the legal system have little patience for mistakes in filing legal documents. In fact, with the caseloads courts have, you can expect to get little sympathy if you make an honest mistake.
Trip and fall accidents are challenging to litigate, and your chance of a successful resolution increases dramatically when you have a professional attorney making your case for you. Another reason to consider getting a lawyer for your New York City trip and fall claim is that there is no upfront fee. That means you don't have to pay for our services until we've concluded the matter in your favor. Once your claim has ended, we take a percentage of the settlement or award. This is known as a contingency fee.
However, personal injury attorneys who work on a contingency fee basis choose their clients with care. If they believe your claim lacks evidence and it's unlikely that any will be uncovered or the claim has no support in law, they probably won't take you on as a client. A decision to reject handling your claim doesn't mean you can't pursue it on your own, though. You still have a right to file for your day in court, but be prepared for a judge to have a similar opinion.
What Is a Trip and Fall Claim?
A trip and fall claim is a type of personal injury claim. This legal matter can be pursued when an individual sustains some kind of harm on someone else's property. The injury must have come about due to a hazardous condition that existed, and the property owner knew or should have known about it and done something to prevent injury, yet did not.
Serious trip and fall injuries can sometimes be slow to manifest. After any injury, the body has its own chemical mechanism to deal with immediate stress and pain. Hormones are released, and an injured party might get up and brush it off, thinking they will be fine. After the initial release of hormones subsides, the reality of the injuries may set it, such as a sprained ankle, elbow, or knee.
Life-threatening medical emergencies such as internal bleeding and traumatic brain and spinal cord injuries can likewise be masked. That's why it's vital to get checked by a medical professional anytime you experience injury, even if it doesn't feel like an urgent matter. If the party you think should be held accountable is proven liable, all of your medical costs should be recoverable through a trip and fall claim against their insurance policy.
What Are the Most Common Trip and Fall Injuries?
Any time the body collides with a hard surface or object, injuries are common, some of which can be debilitating and lead to chronic pain and life-altering conditions. Here are some injuries that are common in a trip and fall accident:
- Bone fractures and breaks
- Traumatic brain injuries
- Spinal cord injuries
- Soft tissue injuries (sprains, strains, and torn ligaments)
- Neck and back injuries
- Cuts, abrasions, and lacerations
While some of these injuries are more serious than others, the long-lasting repercussions of even seemingly minor injuries can follow you for the rest of your life. Consider falling on your chin and getting a deep cut. You'll see that scar every day from here on out. Or take a broken bone, for example. While a broken bone will heal, the break increases your chances of developing an arthritic condition that will follow you for the rest of your days.
If you're not sure if you should pursue a legal claim, consider if your future self would agree when you price out cosmetic surgery to address the scar on your chin or medication and physical therapy for that bum knee that won't stop hurting.
There is no shame in going after compensation when someone else's negligence is the cause of your injury, even if they're wholly apologetic. In fact, most property owners (even friends and neighbors) carry premises liability insurance for instances just like this. A New York City trip and fall injury attorney can explain all of the legal options you have.
How Do Trip and Fall Accidents Happen?
Property owner's who keep their premises in disrepair or leave hazards lying around can inhibit the safe passage of visitors. A trip and fall accident can occur on any property, be it a business, government agency or government-controlled property, workplace, or even a private home. Suppose the person who owns or is in possession of the property fails to maintain a safe environment for visitors, and an injury occurs. In that case, it's possible to hold them accountable for expenses and losses from the accident.
Here are well-known situations that could lead to injury:
- Wet floors without warning signs
- Unreasonably slippery surfaces
- Uneven flooring, steps, or sidewalks
- Poorly maintained parking lots
- Debris or misplaced objects on the floor
- Loose cables and electrical wiring
- Bunched-up or torn carpeting
- Tree roots in pathways
- Unmarked holes or excavations
- Poor lighting
- Spills, ice, snow, rain
How Much Is My Trip and Fall Claim Worth?
Your Morgan and Morgan New York City trip and fall injury attorney will draw upon experience and knowledge to determine the value of your claim. Our law firm has been handling personal injury claims for well over 30 years with exceptional success. When you have a wealth of knowledge and experience with trip and fall claims, it's easier to negotiate a fair settlement because you can show a claims adjuster what you've done for other clients in similar circumstances. That includes showing winning verdicts.
During your initial consultation, your lawyer will ask about the specifics of your case to determine the best strategy moving forward. Being open and honest with your attorney is incredibly important, though. If you don't disclose important elements that could impact your case, you hurt yourself more than anyone because the opposing side will do their due diligence to discredit you. If you're proven to be dishonest in one element, your credibility is blown, and it will be unlikely you'll prevail.
Some of the questions your attorney will consider are the following:
- Does the incident meet the qualifications for a trip and fall accident?
- Did the accident result in injury?
- How serious are your injuries, and what impact will they have on your life?
- Will you need further medical treatment in the future?
- Did you miss time from work or have to change the kind of work you perform?
- Was the property owner responsible for the accident wholly or partially?
- Who controlled or owned the property at the time of your accident?
- Did negligence on behalf of the owner lead to your accident?
Ultimately, the amount you can get for a New York City trip and fall will depend on evidence, the property owner's policy limits, assets, and New York laws concerning premises liability.
Why Choose Morgan and Morgan for My Trip and Fall Accident?
We understand that many people feel like lawyers are a dime a dozen. There are certainly enough advertisements out there to make you feel like it. You may ask yourself, what's the difference between Morgan and Morgan and all of these other firms?
One thing is the proof. We've handled tens of thousands of personal injury claims over the past few decades and post these winning settlements and verdicts right on our site. We've recovered billions for deserving injured parties because we know the law and are willing to go the extra mile to make sure our clients get justice.
Another distinction is our size. We're one the largest law firms in North America, with over 1,000 lawyers and thousands of supporting staff members. Still, getting the kind of representation you need to succeed in your claim doesn't cost extra just because you choose to work with our leading law firm. Our fees are comparable to many "mill" like law firms that take any settlement offered to turn a profit and go on to the case. While the longevity and our law firm’s success record speak volumes, we’ll only settle if we've secured the best possible offer for your individual case.
Contact us today for a free case evaluation. You owe it to yourself to work with the best New York City trip and fall attorney available. Morgan and Morgan Law Firm is here to deliver successful results for your legal matters.
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