Brooklyn Slip & Fall Accident Lawyers

Injured In An Accident?

 

Call Rosenberg & Rodriguez, PLLC
(718) 509-4960

Slip & Fall Accident Lawyers Brooklyn Residents Trust

If you suffered an injury in a slip and fall accident, it is important to understand how those injuries may affect your life. Brooklyn is one of the largest boroughs in Manhattan, full of incredible restaurants, taverns, and clubs. Local markets, boutiques, and bookstores line every street corner. These businesses have a responsibility to Brooklyn residents to keep their premises safe and free from hazards. When they fail to do so accidents like slips and falls can occur causing serious injury or disability. Luckily the knowledgeable and experienced Brooklyn slip and fall accident lawyers at Rosenberg & Rodriguez are available to answer any of your questions and guide you through every step ensuring that your rights are protected. Call our office today for a free consultation and to learn more about how we can help.

3 Factors That Determine Slip & Fall Settlement Amounts

After a slip and fall accident in Brooklyn, you’re probably wondering how much your case is worth. However, it’s important to understand that this number cannot be accurately determined until certain variables are defined. The settlement for a slip and fall accident is impacted by many things, but three of the most influential components are liability, damages; and, insurance coverage.

1. Liability

Proving that someone else is legally at fault for your slip and fall accident is known as liability. Many say this is the most crucial element to a slip and fall case, because if there’s no liability present, then there are no grounds for a claim. It’s important to understand that not every fall will be due to another person or company. But, an experienced slip and fall lawyer in Brooklyn will have the expertise needed to rapidly identify potential liabilities. To prove legal responsibility in court, you would typically need to show evidence that:

  • A dangerous or defective condition existed and caused your fall; and
  • The company or individual who is responsible for the property either created the dangerous condition or should have been aware of it and taken action to make it safe. Different aspects can come into play, but this encompasses the general idea.

2. Damages

There are several elements that contribute to calculating the damages you have lost because of this slip and fall accident. But they all generally fit into 3 categories:

  • Past and future medical expenses
  • Past and future lost earnings
  • Pain and suffering

Though slip and fall accidents have the potential to cause serious injury, not every accident is severe enough to result in a permanent disability that prevents you from working or requires 24/7 medical attention. For many people, such an accident may only be a minor setback – their life is interrupted but not completely changed by the event. And even if you have returned to work after your injury, you may still be eligible for compensation for what you’ve lost.

3. Insurance Coverage

Most people are unaware that insurance coverage is an important factor to consider when seeking legal representation. The limits of the coverage, the quality of the carrier, and even something as simple as the adjuster’s attitude toward the case can have an effect on how much your slip and fall accident settlement is worth. Insurance carriers and their employees will almost always try to take advantage of someone who doesn’t have a Brooklyn slip and fall accident attorney, so it’s crucial that you seek professional help.

Hot Spots For Slip and Fall Accidents In Brooklyn

A leading cause of slip and fall accidents occurs when someone expects more grip on a surface than is provided. This happens when your center of mass shifts behind you causing your foot to slide forward uncontrollably. You end up falling backward, which could cause long-term damage like a sprained ankle or wrist, shoulder dislocation, brain injury spinal cord/nerve damage. Although this is a common occurrence, in many cases it could have and should have been avoided. For years, Rosenberg & Rodriguez has countless injured slip and fall victims for a variety of causes, including:

Sidewalks

Sidewalks are the most common location for slip and fall accidents. Some local governments have statutes that require building owners to maintain the sidewalks next to their buildings, including New York City. Although the adjacent property owner is generally obligated to make sure areas such as raised or broken sidewalks, metal covers or basement doors, and improperly cleared snow and ice are safe, they often don’t fulfill these obligations. As a result, slip and falls from dangerous sidewalks remain widespread.

Apartment Buildings

Slip and fall injuries commonly occur in apartment buildings as a result of the landlord’s failure to uphold their duty to keep the building and property safe. A dangerous fall can be caused by something as seemingly innocuous as a broken step, pothole, leaking ceiling, or freshly mopped floor.

Grocery & Retail Stores

Supermarkets, local grocery stores, and big-box stores are surprisingly one of the most frequent places people suffer from a slip and fall injury. If there is a leaking freezer unit, an improperly stacked display, or a wet aisle floor due to vegetable sprayers, you might have grounds for a valid slip and fall injury claim in Brooklyn. These store types experience high volumes of foot traffic which can unfortunately lead to more opportunities for accidents caused by other customers.

Construction Sites

Construction site hazards are not only a threat to workers on the site but also to pedestrians passing by. For example, debris, exposed electrical wires, and other potential dangers can cause serious construction injuries if someone falls. If work extends across the sidewalk, there is an increased risk for passersby as they may encounter temporarily built ramps or walkways that are not up to code or hoses stretched out across the sidewalk.

Bathrooms

Bathrooms that are not cleaned regularly or properly can be dangerous for visitors, as they may slip and fall on wet floors. Proper signage, drainage, and maintenance are essential for keeping bathrooms safe.

Wet/Icy Sidewalks

Just as the inside of a store, business, or government building in Brooklyn must be kept clean, so too must the entryway and sidewalks. If concrete or asphalt becomes wet or icy, it can become very slippery–posing a danger to those walking nearby. Thus, it is the responsibility of those who manage these buildings to make sure they are taking measures to prevent accidents. To keep a property safe, it’s critical to apply de-icer early and often. People tracking in water or snow can create slipping hazards inside buildings, so it’s important to provide mats and warning signs for visitors.

Rosenberg & Rodriguez Personal Injury Lawyers

Major Causes of Slip And Fall Injuries In Brooklyn

Many slip-and-fall accidents are a result of somebody underestimating the amount of grip they have on the floor. When someone falls, their center of mass moves backward, their front foot flies out in front of them, and they topple over backward. Slip and fall accidents can result in a variety of short and long-term injuries that require an advanced continuum of care. Some of the most common causes for these types of injuries our Brooklyn slip and fall accident lawyers see at Rosenberg & Rodriguez include:

  • Freshly-cleaned or waxed floors
  • Floors soaked with liquid from a spill
  • Surfaces covered with snow, ice, or condensation
  • Obstructive and dangerous materials in construction sites
  • Debris in aisles that wasn’t cleaned promptly
  • Broken, uneven, sloped, or obstructed sidewalks
  • And more

Most Common Types Of Slip & Fall Injuries

There are many ways someone can be injured after slipping and falling in Brooklyn. However, after years of representing accident victims, there are certain injuries that are much more common than others. Those common slip and fall accident injuries include:

Sprains & Strains

Stretching of ligaments, muscles, or tendons can cause painful soft-tissue injuries that require lengthy rehabilitation and pain management.

Slipped Or Herniated Disks

When somebody falls and lands with a lot of force on their spine, they may rupture or tear disks. Either of these injuries would need surgery and rehabilitation, and the impacts might change the injury victim’s life forever.

Broken Bones

Fractures to the hand or wrist are unfortunately common after a fall. And in fact, emergency room doctors have given them a special name: FOOSH (fall onto outstretched hand) fractures. Falls 90% of the time cause bone fracture injuries for adults who are 65 years old and older. Ankle fractures that require surgery to fix, such as trimalleolar fractures, can be especially serious since patients may not be able walk at all or bear any weight on the injury for months during recovery time.

Traumatic Brain Injuries

Any fall that results in your head hitting an object has the potential to cause a concussion, which can range from mild to severe. Some other falls, like tumbling down stairs, can also lead to brain injuries. If you experience headaches, seizures, slurred speech, or any unusual behavior or neurological symptoms after a fall, see medical help right away. Brain injuries have the potential to cause permanent disability.

Meniscus Tear Injuries

If you’ve hurt your knee in a Brooklyn slip and fall accident, rest and surgery may be required for healing. Our Brooklyn slip and fall accident lawyers are here to help ensure you get the financial compensation you deserve – call us now for a free case evaluation.

Shattered Patella

Though they protect our knees – one of the most used joints in our bodies – a patella can shatter upon direct impact from a fall. This requires surgery, extended recovery, loss of work, and possibly even permanent loss of range of motion.

10 Shocking Slip And Fall Accident Statistics

  1. Slip and fall accidents are the leading cause of emergency room visits in the United States.
  2. Every year, more than 9 million people visit the emergency room due to slip and fall accidents.
  3. Over 1 million people are hospitalized due to slip and fall accidents each year.
  4. Slip and fall accidents account for over 12% of all accidental deaths in the United States.
  5. The average hospital stay for a slip and fall accident is 4.5 days.
  6. The average cost of a slip and fall accident is $30,000.
  7. Slip and fall accidents are more likely to occur in the winter months due to icy conditions.
  8. Older adults are at a higher risk of serious injury or death from a slip and fall accident.
  9. The leading cause of slip and fall accidents is uneven or slippery walking surfaces.
  10. Inadequate lighting is also a common cause of slip and fall accidents.

Recent Slip & Fall Accident Settlement Amounts

$950,000.00
Settlement

For a complicated fall case involving a mentally disabled man who fell down a flight of stairs.

$330,000.00
Settlement

For a 41-year-old male, on a business trip in New York from California, who slipped and fell on a freshly mopped interior stairwell in a New York City hotel.

$221,000.00
Settlement

For a woman who tripped and fell on a raised portion of a city sidewalk and sustained a fractured non-dominant wrist.

$285,000.00
Settlement

For a retired 71-year-old man who fell down a flight of interior stairs while visiting family and sustained a head injury.

OVER $50 MILLION

OTHER SETTLEMENTS AND VERDICTS SINCE 2010

Frequently Asked Questions

When Is A Property Owner Liable?

Proving negligence on the part of a property owner is essential to winning your trip and fall case. If we can show that the owner knew or should have known about a hazard on their property, then they are liable for any accidents that occur because of it. To do this, a slip and fall accident lawyer in Brooklyn will look at factors such as whether other people have been injured in similar ways on the same property and how long ago the hazard was first present.

What’s The Difference Between Slip And Fall Injuries vs Trip And Fall Injuries?

Though it may seem insignificant, classifying whether your fall was a slip-and-fall or trip and fall accident can have a considerable effect on your case. A slip and fall accident occurs when somebody falls over (usually backward) after walking on a slippery surface. On the other hand, a trip and fall accident is when someone trips on an object or obstacle that was not moved out of the way in time.

The severity of your accident will affect who is at fault and how much you can claim for injuries. If you have been in either type of accident, speak to our Brooklyn slip and fall accident attorneys at  Rosenberg & Rodriguez today. We’ll give you professional guidance so that you can take action, file your claim, and win compensation.

What Is The Average Settlement For A Slip & Fall Accident In Brooklyn?

If you’re pursuing a Brooklyn slip and fall case, be aware that they can be difficult to win. This is because you must prove that the property owner either knew or should have known of the dangers. This requires investigating not just your accident, but also the property’s history for similar accidents. If the property owner has been previously negligent or if other accidents like yours have occurred there, this will strengthen your personal injury claim significantly. How much money could you get from your slip and fall accident case? The amount of compensation you receive depends on various factors including:

  • Insurance coverage of the business or property
  • The type of injuries and/or damages you suffered
  • How much your injuries will affect your overall quality of life and future
  • Any lost time at work
  • How much you contributed to your slip and fall accident
  • The type of negligence that occurred

As you can see, many things can affect how much a slip and fall accident is worth. The best way to determine your case value is by speaking with one of our experienced Brooklyn slip and fall accident lawyers at Rosenberg & Rodriguez.

Contact Our Brooklyn Slip And Fall Accident Lawyers Today

If you’ve been injured in a slip and fall, know that you only have three years to file a claim seeking compensation. This may seem like a lot of time, but it will fly by, so don’t delay. At Rosenberg & Rodriguez, our Brooklyn slip and fall lawyers can explain your rights, and work with you every step of the way to make sure you get what you’re owed from the liable party. Insurance companies care more about their bottom lines than anything else. If we can’t reach a successful settlement through negotiation with the insurance company, we’re not afraid to take your case to trial. Our experienced legal team understands how complicated court proceedings can be–which is why it’s so important that you have us in your corner fighting for you.