SBFCLaw

WHAT TO DO WHEN YOU’RE HURT FROM A SLIP AND FALL

admin — Wed, 21 Jan 2009 17:36:19 +0000

There is a classic comedy routine where a person slips on a banana peel and falls to the ground in a silly fashion. Unfortunately, when someone really slips and falls, often that person is seriously injured. What’s worse, the fall itself is often the result of someone else’s negligence. When you do fall down, it is important to look where you fell to see what you actually fell on, if possible. If you are unable to do so because your injured, you should try to go back as soon as possible to look to see what might have caused you to fall and take pictures, as well. In addition, talk to any witnesses who saw you fall and get their names and telephone numbers.

In New York, a landowner is usually responsible for a defective condition, such as a liquid spill or other slippery hazards, if they have notice of the condition which gave them a reasonable time to correct the condition. If you can’t prove how long that banana peel was on the floor in the supermarket before it caused you to fall, then you will have a difficult time establishing that the supermarket is liable for your injuries.

When you slip and fall on ice on a sidewalk, it is very important that you file what is called a Notice of Claim against the municipality where you fell as soon as possible but not later than 90 days after you fell. If you fail to file this document on time, then even if the municipality is negligent for your fall, you will probably not be able to recover anything against the municipality for your pain and suffering. In certain instances an adjoining landowner may be responsible for the condition of the sidewalk.

You will also need to obtain a weather report for the day of the accident. New York Law will prevent recovery when a person slips on ice when the storm which causes the condition is still in progress when they fall.

It is for these reasons and for other nuances in the law that you should contact an attorney who has experience in handling all types of slip and fall cases as soon as possible. They can act quickly to gather evidence to establish your case against the landowner or municipality before the evidence is gone. An attorney will also make sure that all the proper documents, including a Notice of Claim, is filed in a timely manner so that your right to collect for your pain and suffering is protected.

Spiegel, Brown, Fichera & Coté, LLP has been handling slip and fall cases (from the beginning of claims to a verdict) for over 45 years. Our attorneys have obtained some of the highest recoveries in the region for slip and fall cases and many cases settle before trial because our attorneys are always prepared and do everything possible to make sure that a case is ready to be prosecuted.

Firm Recoveries

admin — Thu, 18 Dec 2008 16:30:07 +0000

A sampling of results obtained for clients

$10 Million for amputation suffered in subway accident
$6.6 Million for partial paralysis suffered in construction accident.
$4.4 Million for bilateral leg amputation sustained in auto accident
$2.3 Million for spinal cord injury caused by swimming pool diving accident
$2.2 Million for traumatic brain injury caused by auto accident
$1.8 Million for widow related to husband’s wrongful death
$1.5 Million for burn injuries caused by a defective space heater
$1.4 Million for leg amputation due to complications following road construction accident
$1.2 Million for heel and knee injuries in car accident.
$800,000.00 for orthopedic injuries suffered in car accident
$775,000.00 for back injuries suffered in construction accident
$500,000.00 for heel injury caused by construction accident

You’ve had a car accident, now what do you do?

admin — Tue, 16 Dec 2008 18:15:59 +0000

When you’re in a car accident you’ll be scared and you’ll be hurt. The first thing you should do if you are able is immediately call the police and then exchange your information with the other driver including name, address and insurance. The next thing you should do as soon as you are able is call your insurance company to report the accident. Virtually every insurance policy in New York requires that all accidents be reported and, more importantly, when you contact your insurance company you should tell them that you are requesting that they send you a New York No-Fault Application for Benefits.

It’s important that you request this No-Fault Application as soon as possible because there are strict time limits which the law places upon you to file this application. In most cases the No-Fault Application must be filed within 30 days of the accident occurring. This application is important because any medical treatment, lost wages and other expenses such as prescriptions will be covered by your no-fault insurance through your own insurance company. However, if you do not file your application in a timely fashion, your insurance company can and in most cases will refuse to pay for your benefits simply because you did not file your application on time.

There are many technical rules which apply to no-fault and dealing with your insurance company. For example, even if you mail your application within the 30 days of your accident, if your company claims that it did not receive the application and you do not have proof that it was actually mailed, your company can still refuse to pay your benefits unless you can prove the application was mailed and received by the insurance carrier. This is done by sending it “Certified Mail - Return Receipt Requested”.

The attorneys at Spiegel, Brown, Fichera & Coté, LLP are experienced in dealing with automobile accidents and particularly no-fault law and can be of vital assistance to you after you’ve been in a car accident.

You may also be entitled to recover damages for your pain and suffering from the driver who is at fault in causing the accident. The experienced lawyers at Spiegel, Brown, Fichera & Coté, LLP will provide a free evaluation of your potential case.