Bronx Slip and Fall Lawyer

Slip and fall accidents fall under the area of personal injury known as premise liability law. The owner or manager of a property has a responsibility to ensure that the areas and pathways designated for foot traffic are free from obstructions and clear of any slippery substances. However, in the U.S., over a million people go to the emergency room every year for slip and fall accident injuries, many of which could have been prevented. 

If you’re one of the tens of thousands of New Yorkers who have suffered a slip, trip, or fall injury over the past year, you’re entitled to compensation for your medical expenses, lost wages, and pain and suffering. Bronx slip and fall attorney Jesse Minc will represent you on a contingency basis, which means that he only gets paid if he settles your case or successfully litigates it in court. Consultations are free, and there are no out-of-pocket costs for his professional services. Call today for immediate representation by an experienced Bronx slip and fall lawyer. 

Slip and Fall Accident Statistics

According to the U.S. Centers for Disease Control and Prevention (CDC), 20% of falls cause serious injuries, including broken bones and head injuries. In addition, 800,000 patients are admitted to the hospital every year due to fall injuries. Slip and fall accidents disproportionately impact the elderly, with approximately one in four individuals over the age of 65 falling every year, but more than half of those accidents are reported to their doctors. This is such a common occurrence among older adults that in 2015, Medicare and Medicaid paid for more than 75% of the $50 billion costs that year. 

Most Common Types of Slip and Fall Accident Injuries 

Slip and fall accidents are most commonly associated with bone breaks, bruising, and head injuries. The most common points of bone breaks in fall victims are the ankles, hips, wrists, and arms, but a break can occur at any point of impact. Traumatic brain injuries (TBI) and spinal cord injuries are also common when fall accidents happen.

Elements of a Slip and Fall Injury Case

A slip and fall attorney will examine your case to determine whether the following four elements exist. If all are present, you have a viable slip and fall claim. 

1. Duty of Care – A slip and fall accident lawyer will first examine whether a party had a duty of care for the victim. For example, the manager of a store has a duty of care for the safety of their patrons. That means aisles should be clear of substances or debris that could precipitate a slip and fall accident. 
2. Breach of Duty – Slip and fall lawyers must show that property owners or managers where where the accident occurred breached their duty of care. This is usually demonstrated by showing that they allowed a hazardous condition to exist. For example, a property owner that ignores a loose piece of floor tile or fails to clean up a spill would breach their duty of care. 
3. Causation – In order to recover compensation, a slip and fall attorney must be able to demonstrate that the breach of duty caused an accident. For instance, if a slip and fall accident occurred pursuant to a plaintiff slipping in a puddle of cooking oil, this element is likely to exist.
4. Damages – For a slip and fall case to be actionable, the plaintiff must show that the accident on the person’s property led to some sort of damages. Damages include medical expenses, lost wages, and pain and suffering. 

Bronx slip and fall accident attorney Jesse Minc offers free one-on-one consultations with fall injury victims. During the case evaluation, he will examine the details of your case. If your injuries were the fault of a negligent property owner, he will take your slip and fall accident case on a contingency basis, which means you don’t have to pay out of pocket for his professional legal advice. 

How a Slip and Fall Accident Lawyer Can Help You Obtain Compensation

An experienced accident lawyer will meticulously examine all aspects of your case before presenting a demand letter to the insurance company. If you come to Jesse Minc’s Bronx personal injury law firm for an initial consultation, he will want to know the following:

• The exact location of the premises where the accident occurred. While Mr. Minc is located in the Bronx, he is license to practice law throughout the state of New York. 
• Who the potentially liable parties are. In other words, who are the property owners?
• The type of insurance policy the property owner carries and the name of the insurer. 
• An accounting of your medical expenses and lost wages to date. 
• The severity of your fall-related injuries. 
• Whether you have any video or photographic evidence of your injuries, the scene, etc. 
• Whether there was a CCTV monitoring system at the premises.
• The names and contact information for any material witnesses or employees that may have knowledge of your accident. 

If you do not have all of this information when you contact his Bronx law firm, attorney Minc’s legal team will go to work gathering these items. 

In addition to the collection of the above evidence, attorney Minc will also do the following:

• Subpoena medical records
• Send notice to the property owner demanding that they preserve all video evidence from the time the fall accident occurred 
• Obtain the names and contact information of all employees working on the premise that day
• Notify the responsible insurance company and other potentially liable parties that he is the attorney of record for the case 
• Subpoena all witnesses for deposition
• Contact expert witnesses
• File a slip and fall accident lawsuit within the statute of limitations
• Negotiate with the insurers 
• Litigate your case in the Bronx civil court if necessary

Types of Damages in Premise Liability Cases 

If you’ve been injured in an accident, you will be entitled to damages for your injuries. While the insurance company will try to limit these damages to medical costs, as an experienced Bronx slip and fall attorney, Jesse Minc will fight for full restitution.

New York premises liability law categorizes damages into three categories: economic damages, non-economic damages, and punitive damages. 

Economic Damages – If you’ve suffered injuries on someone else’s property, you could face hospital bills, follow-up procedures, tests, scans, and more. In addition, you may need aftercare, rehabilitative therapy, and medical equipment. There’s no telling where the expenses will stop. Economic damages are a tabulation of all realized and future costs. Bronx fall accident attorneys will not only be able to calculate the costs of your accident, including lost income and property damage, but also expected costs. 

Non-economic Damages – Merely receiving compensation for your expenses is not sufficient to make you whole. Consider the physical pain, emotional trauma, and loss of quality of life that accompanies severe injuries. In personal injury cases, these non-tangible expenses are often referred to as pain and suffering. Slip and fall injury attorneys will include non-economic expenses as well. 

Punitive Damages – Because the plaintiff must demonstrate egregious or willful behavior on the part of the defendant, punitive damages are rarely awarded to slip and fall accident victims in the state of New York. 

Slip and Fall Legal Concepts 

The following legal concepts may help you understand slip and fall accident cases. However, if you believe you have a slip and fall accident claim, you should contact attorney Jesse Minc at his Bronx law office. 

What is the statute of limitations for a slip and fall case in New York?

The statute of limitations for a personal injury lawsuit in New York is three years from the date of the accident or two years from the date of death if the slip and fall resulted in a wrongful death. This may seem like plenty of time, but consider the fact that slip and fall accident lawyers require time to build their cases against the liable property owners. Additionally, if your accident occurred on government property, the statute of limitations is shortened to one year and ninety days.

How can damage caps affect my claim?

The state of New York does not have damage caps on slip and fall accidents. Your settlement should be commensurate with what has been awarded in other Bronx slip and fall cases with similar circumstances. While no two cases are alike, Bronx premises liability attorneys are familiar with how the area courts have ruled on cases in the past in slip and fall accident lawsuits. This provides law offices with a basis for negotiations with insurers. 

What to Do if You’re in a Slip and Fall Accident

If you’ve been involved in an accident, what you do in the first few minutes could determine whether you can recover significant financial compensation.

• Call 911 and summon rescue workers to the scene. Be sure to describe the specific location within the property so they can find you. 
• Notify the property owners or managers that there has been an accident. They will want to generate an incident report. Ask them not to delete any video footage. 
• Take pictures or video of the area of the accident. Preserve this to show to Bronx personal injury lawyers about your claim. 
• Ask for the names and contact information of any witnesses who might have seen what occurred, including employees, managers, and property owners. 
• Allow the EMTs to examine you and transport you if necessary. 
• Contact a Bronx slip and fall attorney about your injuries. 

Frequently Asked Questions in Slip and Fall Cases

Just in the Bronx area, there are tens of thousands of slip and fall injuries every year. Many of our clients have similar questions. These are some of the most commonly asked questions about Bronx slip and fall accidents. For information about your case, call Bronx slip and fall accident attorney Jesse Minc. 

How Common are Slip and Fall Accidents in New York?

In one Health Department study, the state of New York found that falls were the number one reason for emergency department visits and hospitalizations. It was also in the top three for fatal injuries. The study did not show how many fall accidents occur in New York City or the Bronx, but the general statistics were telling. 

What if I’m partially responsible for my injuries?

New York follows the pure comparative negligence principle. This means you can claim damages for your fall injuries to whatever extent you were not at fault. For example, if you sustained a serious injury because you were running through a Bronx restaurant and slipped in a puddle of grease, the court may determine that you were 40% liable because you were running. You would then be able to recover 60% of your damages due to the property owner’s negligence.

Bronx Premises Liability Lawyers

If you’ve been injured due to a slip, trip, or fall, you should contact Jesse Minc immediately. As a Bronx slip and fall accident attorney, he represents fall accident victims on a contingency basis, which means that there are no out-of-pocket costs for his legal fees. Call today for a free case evaluation.