Slip and fall accidents on snow or ice sometimes result in severe injuries and significant financial losses for the injured party. If your slip, trip, or fall occurred because of a property owner’s negligence, you have the right to seek compensation for your damages.
Our guide to slip and falls on ice or snow will tell you more about your options for recovering financial awards and how an attorney with our firm will assist with your case.
In This Article
- Recoverable Slip and Fall Accident Damages
- Who Is Liable for Trip and Falls on Ice or Snow?
- Do You Need a Slip and Fall Accident Attorney?
- Contact Friedman & Simon, L.L.P. for a Free Consultation
Recoverable Slip and Fall Accident Damages
If you suffered a slip and fall injury because of negligent snow or ice removal, New York law allows you to seek compensation from the liable party via an insurance claim or lawsuit. Potential personal injury damages in a slip and fall accident case include:
- Current and future medical expenses, including ambulance transportation, emergency department treatment, hospital stays, medical procedures, physical therapy and rehabilitation, prescription medications, mobility aids, and long-term care services
- Lost wages, including health and retirement benefits, bonuses, tips, commissions, and other earnings
- Future lost income, including compensation for lost earning capacity if your slip and fall injury prevents you from returning to work
- Pain and suffering, including monetary awards for permanent and disabling injuries, physical pain, mental anguish, and diminished quality of life
- miscellaneous losses, including household services, personal property damages, travel expenses, and medically-necessary home and vehicle modifications
What If Your Loved One Suffered a Fatal Injury?
According to the New York State Department of Health, slip and falls accidents are the leading cause of unintentional injury deaths in New York residents aged 45 and older. If your loved one died because of a slip and fall injury, we offer our heartfelt condolences for your loss, and we would consider it a privilege to pursue justice for your family.
New York law (Estates, Powers & Trusts § 5-4.1) allows a deceased’s personal representative to seek wrongful death compensation on behalf of the estate and surviving family members. Potential awards include medical bills, funeral and burial expenses, lost wages, and the deceased’s lost support and services.
We consider it a special honor to represent the surviving family members of wrongful death victims. We are determined to win the compensation you need and the justice that your departed loved one deserves. We invite you to call us for a patient, compassionate, comprehensive and free case review and consultation.
For a free legal consultation, call 516-932-0400
Who Is Liable for Trip and Falls on Ice or Snow?
The New York State Bar Association advises that those “in control” of a property must “use reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.” In general, this means that commercial, residential, and private property owners and managers have a legal duty to maintain their property for the safety of all visitors.
The person or entity liable for your slip and fall accident damages will depend on where your accident took place. Parties that could bear financial responsibility for injuries due to negligent ice and snow removal include:
- Property supervisors and managers
- Maintenance companies contracted to clear snow and ice
- City municipalities
- County or state governments
- Restaurants and bars
- Malls or retail shops
How Long Do You Have To Pursue a Claim?
You must file your personal injury or wrongful death lawsuit within New York’s statute of limitations. Failing to pursue an insurance claim or take legal action within the established deadlines will result in the court dismissing your case if a lawsuit is filed late or an insurance company taking a “no-pay” position and refusing to make an offer of settlement. Acting quickly after an accident also gives you the best opportunity to collect physical evidence(such as dashcam and surveillance video, for example) and interview eyewitnesses in a timely fashion.
Simply stated, the sooner you reach out to us, the greater our opportunity to build the strongest case possible on your behalf.
Do You Need a Slip and Fall Accident Attorney?
It is possible to pursue slip and fall accident damages without an attorney. However, a lawyer will deal with paperwork, deadlines, phone calls and meetings with adversarial parties, and other case details that take your time and energy away from healing.
Furthermore, your attorney will handle any problems that arise with your claims, such as disputes regarding who was “in control” of the property where you fell or allegations that your actions caused your injury (which could lessen your recoverable damages). Additionally, an attorney with our firm will:
- Keep you updated on the status of your claim or lawsuit
- Identify all those liable for your slip, trip, and fall accident
- Communicate with opposing lawyers, insurance companies, and any other involved parties
- Obtain evidence and build your case
- Calculate your damages and pursue the maximum compensation available
What Does a Lawyer Cost?
We charge nothing out of pocket for our services. Our fees come from a percentage of your successful settlement or verdict. You owe us nothing if we do not obtain financial recovery for you and your family.
Contact Friedman & Simon, L.L.P. for a Free Consultation
Friedman & Simon, L.L.P., has advocated for personal injury victims and their families since its founding in 1991. We will represent you through every step of your slip and fall accident case. Contact us to learn more about our services and receive answers to questions not covered by our guide to slip and falls on snow or ice. We offer risk-free, no-cost consultations.