According to medical statistics, trip and fall accidents are responsible for approximately 1 million emergency room visits each year in New York. This type of injury is also considered the leading cause of workers’ compensation claims among individuals aged 20 to 30 years. While many trip and fall injuries are not severe, there are those that present with severity resulting in significant damage to the individual’s livelihood.
The most common difficulty that people face when dealing with a trip and fall injury is financial distress, particularly when having to deal with medical expenses. It is possible that the injury can lead to a loss of income, which contributes to other incurred costs. This article will provide information on how to go about claiming compensation for these problems examining pursuing claims in New York and how a
slip and fall attorney in NY could help.
A trip and fall injury is one of the most common types of injuries occurring in public or workplaces. Despite the wide prevalence of these injuries, making a trip and fall claim can be quite difficult unless you have the help of the best injury lawyers because collecting evidence can be difficult. Furthermore, if the accident occurred on a public road, it can be difficult to determine who should be held liable. The majority of these accidents are not severe, as is mentioned above; however, the worst type of these accidents can be fatal leading to fractures and sometimes paralysis.What Is A Trip And Fall Injury?
How And Where Do The Majority Of Trip And Fall Injuries Occur?
The majority of these injuries will occur when the surface is wet or in areas with a slippery surface, such as a swimming pool. In a workplace, the trip and fall injury is typically caused by negligence and the risk is increased if the floor is wet or was not cleaned and dried adequately. Appropriate signs are provided to indicate wet surfaces, and if this is not provided, the company may be held liable.
While it is easy to hold a company liable for workplace injuries on a wet surface, tripping on a wet public floor can be more difficult regarding liability. Slips, trips, and falls can be complicated if the water is due to weather conditions because the council may not be held directly responsible for the accident. However, if the accident were to occur in a parking bay, there claim may be made on the premises.
Tripping and falling injuries may seem like a common occurrence, but these accidents are avoidable. When tripping over equipment in the workplace, the result may be disastrous causing severe injuries. This can be considered a trip and fall injury with legitimate claims because it could have been prevented if the equipment were placed in a secure area. The relationship between the injury and preventable cases needs to be considered before any claims are made or examined.
How Can I Go About Filing A Trip And Fall Lawsuit?
• Documenting The Scene
One of the problems facing all individuals claiming a trip and fall accident is that it can be considered a “hearsay” situation. This means that the legal professional can only believe it was a trip and fall based on your word and this may not be enough to justify legal action. To ensure that the fall is proven, it is recommended that you document the scene when experiencing the accident provided you are not too injured. Using your phone, it is advised that you take pictures of the area as this will serve as evidence when pursuing a lawsuit.
• Seeking Medical Attention
The most important factor to consider after falling is your physical wellbeing, so it is essential that you contact an emergency medical professional to take you to the hospital. While some people feel that they do not need a doctor unless they are in severe pain, it is best to seek medical attention regardless of the fact. By having a medical professional assess your condition, you can receive the appropriate treatment and avoid any future health problems resulting from the injury.
• Documenting The Treatment
Not only is it beneficial to seek medical treatment for your physical wellbeing, but it can also be useful as a piece of evidence for an injury lawsuit. By demonstrating the need to receive medical treatment after the accident, you will be able to indicate a correlation between the fall and your injury.
• Researching Your Legal Options
Once you have received the necessary treatment, it is recommended you being researching any legal options available. Litigation is a procedure available for those who were injured through no fault of their own. Despite not having contributed to the injury, you will still need to pay medical expenses while losing income by not being able to work. Researching the possibility of claiming compensation can help to identify any means of assisting with these financial difficulties.
• Hiring An Attorney
The majority of trip and fall accident victims will pursue personal injury cases; therefore, it is recommended that you hire a personal injury law firm to represent your case. While it is possible to pursue the claim independently, this is not always advised as you may not have the correct skills to succeed. It is advised that you do research into the firms available and engage in free consultations to discuss their skills, costs, and education before making an informed decision.
• Be Available To Your Lawyer
While your attorney is there to alleviate the stress of legal representation, the success of this relationship is based on mutual communication and respect. For the relationship to work, it is essential that you are as engaging with the attorney as he or she is with you. This means that you can provide them with the correct and relevant information as soon as possible.
• Avoiding Compromising Activity
Once a trip and fall claim has been filed, it is likely that you will be placed under scrutiny by the opposing counsel and outside individuals. Opposing counsel may try to claim that you had pre-existing conditions that contributed to the event or that the injury is not severe. If this is the case, it is important that you speak with your lawyer regarding the situation and avoid these issues. This type of case can be stressful, so you must be prepared to handle all compromising activity.