Slip and fall accidents can result in severe, debilitating injuries. They can cause tremendous pain and suffering and keep you from returning to work, leaving you with astronomical medical bills and no way to pay them. If a property owner’s negligence caused your accident, you can hold it liable. A slip and fall accident lawyer in Bohemia, Long Island can help.
Think You Cannot Afford a Lawyer? We Work on a Contingency Basis.
Get a free consultation by calling Gacovino, Lake & Associates, P.C. today at 631-600-0000. We can tell you if you have a good case and what your legal options are. We can protect your legal rights and fight to get you the settlement you deserve. If you cannot travel because of your injuries, we can come to the hospital or your home.
When Is the Property Owner Liable for a Slip and Fall?
There are two things we must consider when determining liability for a slip and fall:
- Whether the landowner should have expected visitors
- Whether the property owner acted negligently
Whether the Property Owner Knew or Should Have Known You Would Be There
New York follows a specific law that determines a property owner’s liability based on whether he knew or should have known you would be on the premises. For example, a grocery store owner knows that he will have visitors to his store. However, he likely would not foresee someone entering his store afterhours.
Let us consider another example: a landowner knows kids sometimes cut through his backyard on the way to and from school. If there is a hazard on his property, he must warn the kids because he knows they often use his property.
Whether the Owner Acted Negligently
Just being injured on another person’s property does not warrant an injury claim. We must also prove the owner acted negligently. This involves establishing:
- The owner knew, or should have known, there was a hazard on the premises.
- He did nothing to remedy this hazard or warn customers of the danger.
For example, say the handrail at an apartment complex has been loose for months. Five residents alerted the property owner, but he did not fix the handrail or warn residents. You grabbed the handrail, which fell off the wall, causing you to fall down the steps. The property owner will likely be liable for your injuries.
We can gather evidence to prove liability. This might include:
- The incident report
- Surveillance video
- The property’s maintenance records
- The property’s policies on remedying hazards
- Eyewitness testimony
- Any history of complaints about the hazard in question
What Is My Bohemia Slip and Fall Claim Worth?
It is impossible to determine how much your claim is worth without sitting down with you, listening to your story, and going over your medical bills, lost wages, etc. However, in any case, you can expect to recover compensation for both economic and noneconomic damages:
Economic damages, also called compensatory damages, are more straightforward to calculate. They often include:
- Medical bills
- Future medical bills
- Lost wages
- Lost earning capacity
- Miscellaneous accident-related costs (e.g., the costs of getting to and from your doctor’s appointments, modifying your home or vehicle to accommodate your disability, etc.)
- The costs of having to hire help around the house for things you did before your injury (e.g., landscaping, childcare, etc.)
To determine a value for your economic damages, we will look at your medical bills, paystubs or W-2s, and any receipts or bills related to your accident. For damages such as future medical bills or lost earning capacity, we might need to speak with medical or vocational experts.
Noneconomic damages are accident-related costs that do not have a set dollar amount. They might include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
To calculate noneconomic damages, we will rely on your medical bills, your testimony, and the testimony of your friends and family. A pain journal can help establish the effect your injuries have on your daily life.
How Can a Slip and Fall Lawyer Help Me with My Case?
The slip and fall team at Gacovino, Lake & Associates, PLLC will do everything we can to take the burden off you. We will handle your entire case from start to finish, allowing you to focus on recovering from your injuries.
To fight for the success of your slip and fall claim, we will:
- Identify and gather all necessary evidence
- Ensure your claim is correct and strong
- Handle communication with the insurers (In many cases, insurers will try to trick injured victims into admitting fault or stating their injuries are not serious. By handling communication, we ensure the insurer does not have the opportunity to take advantage of you.)
- Manage negotiations with the insurer
- Meet all deadlines
How Much Time Do I Have to File My Slip and Fall Claim?
Per N.Y. C.P.L.R. § 214(5), injured parties have three years from the date of the accident to settle a claim or file a lawsuit. If you attempt to file after the three-year statute of limitations has expired, you will likely be unable to recover compensation.
Note: If your slip and fall happened on government-owned property, the time limit is much shorter. You have only 90 days to file a Notice of Claim and a year and 90 days to file your claim.
Do Not Risk Losing Your Chance to Recover Compensation. Call Us Today.
The team at Gacovino, Lake & Associates, PLLC is ready to help you with your case. Call us today for your free, no-obligation consultation. Learn more about how we can help you win the compensation you need: 631-600-0000.