Table of Contents
- 1 Trust Our Experienced Albany Slip and Fall Attorneys
- 2 What Do You Have to Prove in a Slip and Fall Accident Case?
- 3 We Demand Maximum Compensation After an Albany Slip and Fall Accident
- 4 Understanding Partial Fault in Albany Slip and Fall Cases
- 5 What to Do After a Slip and Fall Accident in Albany, NY
- 6 Statute of Limitations on Albany Slip and Fall Accidents
- 7 Frequently Asked Questions About Slip and Fall Accidents in Albany
- 8 Contact a Slip and Fall Injury Lawyer Albany at Belluck & Fox for a Free Consultation
Trust Our Experienced Albany Slip and Fall Attorneys
If you’re hurt because you slipped, tripped and fell on someone else’s property, you could be entitled to compensation for any injuries caused due to a property owner’s neglect or the negligence of another responsible party, such as a business renting that space.
Under New York State law, property owners who are liable for injuries can be required to pay for someone’s medical expenses, lost income, pain and suffering, and other losses. That’s where the knowledgeable Albany slip and fall lawyers at Belluck & Fox can assist you. Contact us today to schedule a free consultation about your case.
What Do You Have to Prove in a Slip and Fall Accident Case?
While not all falls and similar accidents are avoidable, property owners and their tenants are expected to take precautions to prevent such injuries, especially when they know there’s a potential hazard. They’re also expected to conduct timely repairs.
The foundation of a successful slip and fall case hinges on negligence on the part of a property owner, manager or affiliated at-fault party. To prove negligence, our attorneys need to show:
- You were on the property lawfully, or the at-fault party knew you were trespassing.
- The at-fault party should have known about the unsafe condition but did nothing to address it.
- Your injury occurred as a result.
When an owner is — or should have been — aware of an unsafe situation and does not address it, that’s negligence. This can be as simple as cleaning up spills and making sure carpeting has no tears or bumps to providing adequate lighting and secure handles on stairways.
We Demand Maximum Compensation After an Albany Slip and Fall Accident
Many people want to know how much their case is worth right off the bat. However, the amount of compensation you are entitled to receive depends on your injuries and how they affect you.
Belluck & Fox will enlist expert help to calculate your medical costs and lost income, tabulate all expenses related to your injury, and estimate a dollar amount to compensate for your pain and suffering. Our goal is to assess thoroughly how this injury has affected your life.
Circumstances vary by case, but our top-rated Albany slip and fall attorneys may demand compensation for the following:
- Lost wages and reduced future earning potential
- Current and expected medical expenses related to your injuries
- Physical and emotional pain and suffering
- Punitive damages, in cases of conscious or reckless disregard for safety
Call our Albany personal injury lawyers today at (518) 621-2699 or contact us online to discuss the specific circumstances of your case and learn about your right to compensation.
Understanding Partial Fault in Albany Slip and Fall Cases
Defendants in slip and fall cases often try to demonstrate that the person injured was responsible for the accident. However, juries are more likely to agree that both sides share some responsibility, also called comparative negligence.
New York State law allows juries to consider whether comparative negligence was a factor in a slip and fall case. The burden is on the defendant to prove you were at least partly responsible for your accident.
A judge can instruct the jury to assign a percentage of fault for each side. A plaintiff receives monetary damages according to this percentage.
Here’s an example: You’re talking on your cellphone while walking down a flight of stairs. You fall because the stairs did not have required anti-skid mats, and you break your arm.
Even though we might associate a broken arm with some of the bumps and bruises of growing up, this type of injury can be serious for a student, an employee or anyone caring for a young child. A broken arm makes it difficult to drive, use a computer, carry objects and perform other necessary everyday tasks.
However, because you were on your phone at the time, the defendant may claim you were at least partly at fault because you weren’t fully attentive. You still could collect compensation, but the amount would be reduced by the percentage for which a jury determines you were responsible.
What to Do After a Slip and Fall Accident in Albany, NY
You can protect your rights to compensation after a slip and fall accident by taking these steps:
- Get medical treatment immediately.
- Notify the property owner, and obtain a written report of your accident.
- Take photos and notes at the scene.
- Ask any witnesses for their names and contact information.
- Save any evidence, including clothes and shoes you were wearing.
- Limit communication with potential defendants.
- Contact an Albany personal injury lawyer at Belluck & Fox to evaluate your legal options.
Statute of Limitations on Albany Slip and Fall Accidents
Under New York State law, you have three years to file an injury claim, unless you’re filing a claim against a city, a county or the state. If you’re going after a municipality, you must file a formal claim within 90 days; then you have one year and 90 days from the incident to file a lawsuit.
These strict time limits demonstrate why it’s vital to speak with an experienced injury attorney in Albany as soon as possible after your accident. Our team will need to begin collecting evidence and building a case right away.
Frequently Asked Questions About Slip and Fall Accidents in Albany
Although slips and falls might sound minor, they can cause serious pain and financial stress over medical treatment and being unable to work. The dedicated Albany personal injury attorneys at Belluck & Fox can discuss the circumstances of your situation at no cost and help you decide how to pursue maximum compensation. Please call us today at (518) 621-2699 for a free consultation.
Here are some of the questions we frequently answer about slip and fall lawsuits:
What are my options if I slipped and fell at work?
New York State workplace injury rules in many cases limit employees to workers’ compensation for payment of medical bills and lost wages. However, there are circumstances where you have other legal avenues. For instance:
- If negligence on the part of a company other than your employer caused your fall — for instance, the building manager ignored a spill on the stairs — you may be able to pursue compensation from that party.
- If dangerous or defective equipment led to your injury, the manufacturer or companies in the distribution chain may be held liable.
- Construction workers also are protected under New York State’s Scaffold Law, which allows them to pursue compensation for fall-related injuries.
Contact us today at (518) 621-2699 to schedule a free and confidential case consultation and learn what your legal options are.
How long will it take to get money from my slip and fall claim?
Like other personal injury cases, this depends on whether the defendant wishes to go to court or wants to settle quickly. Some deep-pocketed defendants and insurance companies try to drag out these claims to pay as little as possible. That’s why it helps to have a skilled attorney from a law firm with plenty of resources in your corner.
What should I do if an insurance company offers me a slip and fall settlement?
Let our experienced Albany personal injury attorneys evaluate whether the offer is fair. We’ve seen how insurers can provide low-ball offers when people are at their most vulnerable. A slip and fall attorney can help you determine what a fair settlement would be.
How much does it cost to hire a slip and fall attorney in Albany?
Belluck & Fox works on a contingency-fee basis, meaning you do not pay us unless and until we secure money for you. If we do not win your case, you do not pay attorney fees. Our initial consultation is free. Call us today at (518) 621-2699 to get started.
What if I was partially at fault for my fall injury?
New York is a comparative fault state, meaning your compensation can be reduced if you were partially to blame. For example, if the court determines you were 30 percent at fault, your compensation would be reduced by that percentage.
We recommend that you never admit fault after a slip and fall accident. The evidence will speak for itself.
Contact a Slip and Fall Injury Lawyer Albany at Belluck & Fox for a Free Consultation
The property owner’s insurance company may call you after your accident. You are under no obligation to speak to this insurance representative. Insurance companies do their best to make it look like you were negligent, and any statement you give will be recorded. Speak first with an Albany personal injury attorney at Belluck & Fox, LLP.
Our savvy attorneys have secured more than $1 billion in compensation for our clients over the years, and we are available to answer any questions you have about compensation in your slip and fall case.
Contact us today at(518) 621-2699 to learn how we will fight for you.