Representing Clients in Premises Liability Cases to Secure Fair Compensation
Accidents can happen at any time. Unfortunately, some of the most common accidents — slip and fall incidents — are also among the most injurious. Broken bones are fairly common, but injuries can also include spinal damage, traumatic brain injuries, and other catastrophic outcomes. If your accident occurred on someone else’s property, the property owner may be liable for your damages. A slip-and-fall lawyer in Long Island may be able to help.
At The Law Offices of Elke E. Mirabella, PC, our New York personal injury attorneys are committed to securing favorable outcomes for our clients. We’ve seen the disastrous results that can stem from a slip-and-fall accident, and we know that dealing with the fallout on your own can be daunting. That’s why we treat every client at our law firm like a member of our family. You deserve a dedicated legal team that will fight to ensure reckless and negligent property owners are held liable for their wrongful acts.
Don’t wait to reach out for help. Contact our law firm today to discuss your case with an experienced Long Island slip and fall lawyer.
Who Is Responsible for a Slip and Fall Accident?
When someone suffers severe injuries in a slip and fall incident, identifying the liable party can sometimes be straightforward. The real issue comes with establishing liability in court. In most cases, injuries caused in these accidents are the responsibility of property owners. Of course, this isn’t always the case. There are situations where property owners are not the individual or entity in charge of the location. This could happen when a business is leasing a building from a landlord.
It’s also the case that government entities could be responsible for a Long Island slip and fall accident. For instance, imagine that a person is visiting a public park and suffers spinal cord injuries after tripping over a broken piece of concrete. In this slip and fall injury case, the injured party may be able to file a lawsuit against the local government or agency tasked with maintaining the property. However, it’s important to remember that the statute of limitations is different when suing government agencies in New York.
Simply put, identifying the responsible party will not always be as simple as one might hope. In certain circumstances, either the landlord or a tenant of a building could be liable. Additionally, complex issues can arise based on who the responsible party is. That’s why it’s so important to work with a slip and fall injury lawyer in Long Island. At The Law Offices of Elke E. Mirabella, our legal team can help you hold a negligent property owner responsible or identify the appropriate liable parties.
Are You Entitled to Compensation?
In all personal injury cases, it’s not enough to identify the person or entity that could be responsible. While liability may seem clear in your case, you’ll still need to prove it in court during premises liability lawsuits. Establishing these elements is even necessary during settlement negotiations. After all, an insurance company is unlikely to offer fair compensation if it doesn’t think you’d be successful in court. That’s why it’s critical to establish the following elements:
- Duty of care: It’s first necessary to establish that a defendant has a duty of care. This is a responsibility to avoid acts that could harm others. Most property owners have a duty to ensure visitors and others on their property will not face hazards that could result in serious injury.
- Violation of duty: For successful slip and fall claims, it’s also necessary to show that a duty of care was violated. For instance, perhaps a store owner created unsafe property conditions by stacking inventory at a dangerous level. Such unsafe property conditions create significant risks.
- Causation of harm: It must also be established that a party’s violation of duty actually caused harm. For instance, slip-and-fall victims often suffer broken hips that lead to extensive medical bills. The cost of these bills can often be recovered.
It’s important to note that not all personal injury cases need physical harm to occur. While common injuries certainly look great for a jury, there are also times when no broken bones are necessary. For instance, envision a person who can no longer enjoy life due to the emotional distress they suffered upon almost losing their life due to unsafe premises. Also, a person who loses a loved one in such an accident may be entitled to compensation for their loss of companionship.
Put simply, personal injury law can be quite complicated. This is why scheduling a free consultation with a slip-and-fall accident lawyer in Long Island may be in your best interest. Contact us today at The Law Offices of Elke E. Mirabella. We’re ready to assist.
What Are Common Slip and Fall Injuries?
Unfortunately, there’s no limit to the injuries a person could suffer after slip and fall accidents. They could be as minor as a few cuts and bruises or result in a victim needing a lifetime of medical attention. In some instances, our clients have even lost loved ones due to negligent property owners. That’s because these events frequently result in serious and even catastrophic injuries, which could include:
- Shoulder injuries
- Knee injuries
- A back or spinal cord injury
- Traumatic brain injury (TBI) and other head injuries
- Broken bones and fractures
- Bruises and contusions
- Dislocations
- Facial injuries
- Emotional distress
- Wrongful death
Unfortunately, this list is only the tip of the iceberg regarding slip and fall accident injuries. However, it’s important to understand that you do not have to go through the difficulties that follow alone. Long Island slip and fall accident lawyers can review your case and fight to ensure that responsible parties are held liable. It’s helpful if you can start building your case at the accident scene — from reporting the incident to the police to photographing hazards. However, our law firm can investigate the incident even if you weren’t in a position to do this.
Don’t wait and risk financial compensation. Contact us today to schedule a free case evaluation.
Where Do Slip and Fall Accidents Occur?
Slip and fall accidents can happen anywhere and at any time. In some instances, they result in workers’ compensation claims. For those injured while at work, filing such a claim may be their only option. However, if there were third parties or egregious acts involved — injured employees may be able to get more than workers’ compensation benefits. Still, it’s important to realize that places of employment are far from the only locations where serious injuries occur due to slip and fall accidents.
The following are common sites where injury victims are harmed due to the negligence of property owners and others:
- Grocery stores
- Cafeterias and restaurants
- Shopping malls
- Retail stores
- Motels and hotels
- Office buildings
- Public property
- Hospitals and healthcare facilities
- Universities and schools
- Public restrooms
- Sidewalks and outdoor areas
- Parking lots and garages
- Public transportation stations
- Fitness centers and gyms
- Construction sites
- Amusement parks (e.g., Long Island Live Streamers, Adventureland)
Regardless of where slip and fall accidents occur, it’s critical for victims to file an accident report. This can be done on the property in some cases (e.g., business accident report), or it might be necessary to contact authorities. Again, every slip-and-fall accident is different — so in many cases, it’s best to err on the safe side and contact the police. They can file a report mentioning fall hazards onsite, which could prove invaluable to your case later.
One thing that you should always do after suffering an injury on someone else’s property, though, is to contact a Long Island slip and fall lawyer. You may still be entitled to compensation even if you were on private property. Let our law firm review your case and help you better understand your options.
What Damages Are Available for Slip and Fall Injuries?
After suffering fall-related injuries, it’s important to seek immediate medical attention and contact slip and fall accident attorneys in Long Island. The question then becomes, what next? Fortunately, your legal advocate can handle most of what comes after. They can investigate the incident and help identify liable parties that may be responsible for personal injuries. They can then handle insurance settlement negotiations. However, these companies will not always offer accident victims the compensation they deserve. In such instances, litigation may be necessary.
If your attorney has to file a lawsuit, you may end up receiving damages for the following:
Economic Damages
In most cases, a slip-and-fall accident results in economic damages. These are damages related to financial losses. For instance, many injury victims experience medical expenses, lost wages, property damage, and ongoing medical costs for catastrophic harm (e.g., traumatic brain injury, spinal injury). Claimants also often recover monetary reimbursement for travel associated with treatment.
Non-economic Damages
When a person’s entire body’s weight falls to the ground, it’s not uncommon to suffer severe injuries. However, monetary loss related to such harm is often not the only form of loss experienced. Non-economic damages reimburse victims for non-financial losses — such as pain and suffering, emotional distress, and loss of enjoyment in life.
Punitive Damages
Not all damages awarded in slip and fall accidents are meant to reimburse the injured party for losses. In some instances, the courts may award additional punitive damages in order to punish the responsible property owner. These damages are rare since egregious acts must typically be proven, but Long Island slip and fall attorneys can help you identify whether you may be eligible.
Contact a Long Island Slip and Fall Lawyer Today
After suffering a slip and fall accident, medical bills can start to pile up quickly. This is often at a time when you have no income due to an inability to work. Many other financial difficulties — and non-monetary losses — can complicate these situations. And if you’ve lost a loved one due to a property owner’s negligence, you no doubt have more on your plate than anyone should have to deal with. Fortunately, you don’t have to go through this alone. A personal injury lawyer can help accident victims seek compensation for serious injuries.
At The Law Offices of Elke E. Mirabella, our legal team will fight diligently to secure the compensation you deserve. Sometimes, it may be possible to recover compensation via settlement negotiations with the negligent property owner’s insurance company. Unfortunately, this will not always be the case. Engaging in litigation — for serious or minor injuries — may sometimes be necessary to get what you deserve. If it comes down to this, your Long Island slip and fall lawyer may be able to secure the maximum compensation in your case.
Contact us at (631) 557-6127 to schedule your free legal consultation. We’re here to assist.