What To Do If You Get Hurt in a Trip and Fall Accident
If you’ve been injured in a trip and fall accident, the first thing to do is to get medical help. Even if your injuries are minor, you should consult with a doctor or specialist, as some injuries may be more significant than they appear on the surface. Fractures, internal bleeding and organ damage are often undetectable without a medical exam. Be sure to keep all of your medical records, expenses and receipts, as you will need them later if you file a claim for your injuries.
Once you’ve addressed your health, you should consider your rights with respect to the accident. Depending on who is at fault, you may be entitled to substantial compensation for your injuries. Most businesses and property owners do carry insurance, which is in place for events such as this.
In some cases, the responsible party if the City of New York, with respect to many parks, malls, “islands”, bike paths, roads, sidewalks and other areas. In the case of the City, you also need to file a Notice of Claim within 90 days of the incident.
Most Commonly Asked Questions Regarding a Trip and Fall Accident
How Much Does a Trip and Fall Accident Cost on Average?
Medical care for trip and fall accidents can be expensive, varying based on the surface you fell on and the injuries sustained. The typical cost of treating a trip and fall injury depends on a number of variables, including the nature of the injury (e.g., fracture or strain/sprain) and the extent of the required medical care. Severe injuries may require surgery. The costs associated with these accidents can vary significantly.
Additionally, if you require time out of work you also suffer lost wages.
The City, a business or a person may also be held accountable for the medical costs of their victim, if they caused the accident or were negligent in not preventing it. Pain and suffering, lost wages, property damage and other economic loss may also factor in.
Do Accidents Involving a Trip and Fall Come Under Any Laws?
Typically, injuries such as this fall under the concept of negligence. Generally speaking, negligence involves having a duty (such as safely maintaining property) and failing to meet that duty (not caring for the property), and as a result someone suffers and injury.
There are many laws, statutes and case decisions related to these types of cases. The experienced lawyers at our firm can help navigate the waters and guide you to the right answers. These cases can be complex, and an individual not represented by a lawyer may have difficulty settling or proving their case.
Can the City of New York Be Held Liable for a Trip and Fall Accident on the Ocean Parkway Mall?
Yes, the City of New York can be held liable for your injuries. However, the laws related to municipalities (government entities) is different than other defendants. Most notably, you must file a “Notice of Claim” within 90 days of the accident, and you must file the lawsuit within one year 90 days. If you fail to meet these deadlines, your case can be denied by the courts.
With other defendants, there is no notice of claim and you have three years to file your action.
Contact the Law Office of Irene H Gabo, Esq. if You’ve Been Injured in a Trip and Fall Accident
If you’ve been injured in a trip and fall, slip and fall or other accident in New York, contact Irene Gabo as soon as possible. Be sure you understand your rights and protect yourself. There is limited time to file a case, and once that time passes, you cannot bring a claim.
Call our office today at (800) 560-0214 or complete the form on our website, and we will schedule a free consultation to discuss your case.