If a trip-and-fall accident leaves you hurt, you may be able to take legal action. How do you go about filing a NYC sidewalk injury claim? As an experienced personal injury law firm in New York, we at Ross & Hill help eligible clients file slip-and-fall lawsuits.
Take a closer look at what the trip-and-fall legal process entails below. If you need a knowledgeable trip-and-fall lawyer in New York, don’t hesitate to contact our legal professionals.
Document the Accident Scene
If you’re physically able, attorneys recommend taking photos of the accident scene as preliminary evidence. Grab your phone and snap some pictures of the sidewalk and its surroundings. You’ll want to document the hazardous conditions that led to your injury, such as uneven pavement or large cracks in the surface.
Talk to other pedestrians who witnessed your accident. Ask for their contact information so they can provide a formal statement.
Treat Your Injuries
According to the National Safety Council, falls account for 35% of emergency room visits among those with preventable and nonfatal injuries. Taking a spill on a hazardous sidewalk could cause various injuries, including:
- Scrapes and bruises
- Bone fractures
- Concussions
- Internal bleeding
Even if you feel fine immediately after an accident, symptoms may appear and affect your health and safety. It’s better to seek medical care right away to prevent a lengthy recovery time.
A study from JAMA Neurology supports this claim. Researchers found that receiving concussion treatment within seven days of an injury leads to a faster recovery. On the other hand, patients who sought treatment eight to 20 days after the injury faced a recovery time of 30 days or more.
Report the Accident to Officials
You’ll have to alert the property owner of the sidewalk’s hazardous conditions and file an official report about the accident. If your trip-and-fall accident occurs near private property, speak with the owner about it. Depending on the sidewalk’s location and ownership, you may need to file an accident report with city officials.
Consult a New York Trip-and-Fall Lawyer
An experienced trip-and-fall lawyer in New York may be able to help with determining sidewalk accident liability, calculating damages, and filing a claim. Bear in mind that you have a limited window for filing a sidewalk trip-and-fall claim. If you wish to sue the city, you’ll have to provide a written notice within 90 days.
Meet with a knowledgeable attorney shortly after your accident. They could review the details of your case and recommend a personalized legal strategy. If you don’t act before the statute of limitations runs out, the court will dismiss your claim.
Gather Additional Evidence
Your New York trip-and-fall lawyer will welcome any evidence from the scene, such as photos of the sidewalk and witness statements. They may collect additional evidence to support your trip-and-fall accident claim, such as:
- Medical records: Your medical records could document that your injuries stem from a slip and fall rather than another type of accident or pre-existing condition.
- Surveillance footage: Nearby security cameras may have captured footage of your fall. Attorneys value this type of evidence when representing injured victims.
- Professional witness testimony: Doctors, accident reconstructionists, and other professionals may offer their unbiased insight into the nature of the accident.
Calculate Your Damages
How much is your trip-and-fall accident case worth? It depends on the type of harm you sustain. Potential damages that you might claim include:
- Medical expenses
- Lost wages
- Emotional distress
- Loss of enjoyment of life
File an Insurance Claim or a Lawsuit
It’s now time to file an insurance claim against a liable private property owner. Their insurer may cover the costs related to your injury if you accept a settlement offer.
If the local government is liable for your injury, you can file a lawsuit rather than an insurance claim. Your attorney should present evidence supporting your claim, such as the defendant’s negligence and the severity of your injuries.
Undergo Negotiations to Potentially Resolve the Case
Once you file a claim, the liable party is expected to respond with a settlement offer. You may accept such an offer at any time, though legal professionals recommend negotiating the amount. Let your attorney do this on your behalf in hopes of receiving an offer that adequately reflects your losses.
The Law Dictionary reports that 95% of personal injury cases settle out of court. If you can’t reach an agreement, the case may end with a trial.
Consult a New York Trip-and-Fall Lawyer Today
Are you hoping to pursue pedestrian accident compensation? You must follow these important steps after a slip, trip, and fall accident. Contact Ross & Hill to discuss your legal options after a trip-and-fall accident on a city sidewalk.
Our attorneys understand the complexities of these cases and protect our clients’ interests. With offices in Manhattan and Brooklyn, we’re a personal injury law firm that New York locals can easily turn to. Connect with us online or call (646) 351-6222 to schedule a free consultation today.
Frequently Asked Questions
Learn more about the legal process below before you file a slip-and-fall lawsuit.
Are There Upfront Costs When Hiring a Personal Injury Law Firm in New York?
No, you won’t owe anything up front when you hire Ross & Hill to represent you. We operate on a contingency fee basis and only collect attorney’s fees if your case is resolved with a financial reward.
When Should I File a Claim With a Trip-and-Fall Lawyer in New York?
You have three years from the date of an accident to file a claim against a private property owner. If you wish to sue a government entity, a trip-and-fall lawyer in New York must issue a written notice within 90 days. You then have one year plus 90 days to file a lawsuit.
How Long Does a Personal Injury Claim Take To Resolve?
According to Forbes, the average personal injury case takes 11.2 months to settle. Your trip-and-fall accident claim could take longer to resolve if it goes to trial.
