New York Slip and Fall

While it may seem as if slipping on a wet floor or in some type of debris on the floor is not a major accident, roughly 20% of new spinal cord injuries in the United States each year are caused slip and fall and trip and fall accidents, while car accidents are the leading cause of spinal cord injuries. A slip and fall accident is a type of accident where you fall on the property of another person or entity due to an unsafe condition and as a result you suffer an injury. Homeowners, businesses, tenants and land owners have a duty to maintain their property in a safe condition. If a slip and fall accident occurs, then that property owner may be legally liable to the victim. Slip and fall accidents are often the result of negligent supervision or maintenance of the property. Such accidents typically happen when the owner of property fails to keep the property free from hazards. Slip and fall accidents are one of the leading causes of severe injuries such as spinal cord injuries that lead to paraplegia and quadriplegia, trauma to the head that leads to a brain injury, or broken bones. When severe injuries occur, the result is not only physical pain, but also financial distress since the victim will likely miss work while facing significant medical bills. If you were injured in a slip and fall accident, it is important that you immediately contact an experienced New York Slip and Fall Lawyer who will review the facts of your case and explain to you your legal options.

There are many types of spinal cord injuries including paraplegia, quadriplegia, anterior cord syndrome, posterior cord syndrome, central cord syndrome, and herniated disks. While some spinal cord injuries cause paralysis, paralysis is not the only symptom of an injury to the spinal cord. Other symptoms include:

• Pressure or pain in the back, head or neck
• Poor coordination
• Difficulty walking
• Tingling or numbness in the hands, fingers, feet or toes
• Bladder or bowel problems
• Difficulty in breathing
• Muscle spasticity

A severe spinal injury requires a long, painful course of treatment and period of recovery. Victims face significant medical expenses including fees associated with emergency room treatment, the hospital stay, treatment by doctors, physical therapy, assistive equipment, and medication. To make matters worse, while you are recovering you will not be able to work and earn an income to pay for your medical expenses and support your family.

Fortunately, if your spinal cord injury was due to another person’s negligence, under New York law you have the right to pursue compensation through a personal injury claim. You may be able to recover both past and future medical expenses including hospital bills, expenses for surgery, rehabilitation fees, and fees for prescription medication. You may also be able to recover the cost of assistive equipment such as a wheelchair as well as modifications to your home to make it accessible. Furthermore, you may be able to recover both lost wages, loss of future earning capacity and pain and suffering.

If the slip and fall accident that resulted in your spinal cord injury was work-related, you may be entitled to workers’ compensation benefits. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. However, it is important to know that worker’s compensation benefits are limited. Furthermore, just because the accident occurred at work does not necessarily mean that you are limited to the benefits available through workers’ compensation.

Beware that New York law has a specific time limit for filing a claim for a personal injury. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit. In addition, if the party responsible for your injury was a government entity then there are special procedures you must follow to file a claim.

To ensure you have the best chance of success in your slip and fall lawsuit, make sure that you document everything that you remember about the circumstances that lead to your fall. Consult a doctor immediately. Contact an experienced personal injury attorney. The staff at Stephen Bilkis & Associates, PLLC is experienced in handling personal injury and wrongful death cases stemming from slip and fall accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.