Slip & Fall
Slip & Fall
Schedule Your Free ConsultationQueens Slip & Fall Attorneys
50 Years of Experience Helping Clients Recover Damages in Nassau County
One of the most common scenarios in which people suffer are slips, trips and falls. Slips and falls can occur in many situations, such as unmarked construction zones or improperly maintained premises. The lawyers at Chiariello & Chiariello have more than 50 years of experience handling injury cases like slips and falls and can help you strategize effective claims for compensation. Whether you have incurred minor injuries or severely debilitating injuries, the firm can help you negotiate a favorable settlement with insurance or, if that is not enough, a formidable case for damages in court.
Contact Chiariello & Chiariello for a free consultation to learn more about your legal options.
Proving a Slip, Trip and Fall Accident
Slips and falls are premises liability cases that typically involve dangerous or otherwise unsafe premises that caused their accident.
In order to bring forward a slip and fall case, the plaintiff must prove:
- A dangerous condition existed on the property.
- The property owner knew or should have known that a dangerous condition existed prior to the plaintiff's slip/trip and fall.
- The property owner had sufficient time to fix that defect on the premises prior to the accident.
- The property owner failed to remedy the hazardous defect, which consequently led to the plaintiff's slip/trip and fall.
Liability in Slip, Trip and Fall Cases
When it comes to liability for personal injuries, recall that New York is a "comparative negligence" state. This means the damages an injured plaintiff may recover will depend on their percentage of fault as well as the defendant’s. As a result, plaintiffs injured in a slip and fall can expect a fair amount of resistance from the party they are suing, as the defendant may argue the plaintiff had some blame in the accident as well. For instance, the defendant may argue that the plaintiff slipped and fell while trespassing on their private property or they were walking inattentively (e.g., while using their phone).
If the court does find that the plaintiff partially caused the accident, the amount of damages the plaintiff can recover will be the original amount reduced by a percentage based on their fault. Say the injured party was wearing footwear unsafe for the condition of the premises; they may be declared 30% at fault, which means the damages they can recover for a case worth $10,000 will be at most $7,000.
Note that, while comparative negligence guides courtroom decisions, insurance settlements will also incorporate shared fault in negotiations. As a result, it is important to enlist the help of an experienced lawyer at any stage of a slip and fall case, whether or not it proceeds to court. Insurance companies also have a tendency to take advantage of uninformed plaintiffs, so having a lawyer can ensure the settlement is fair and reasonable.
Statute of Limitations for Filing
There are various deadlines an injured person has for filing a slip and fall lawsuit against the premises owner in New York. The timeline generally starts at the date of the accident, but this, and the time limits themselves, can vary depending on the type of case. The court will be unlikely to hear the case if the injured person attempts to file their claim after the time period has elapsed, which is why it is vital that an injured victim contact an attorney as soon as possible.
If you have been injured in a slip and fall in Queens, do not hesitate to call Chiariello & Chiariello for legal assistance immediately. The attorneys at the firm can assess your situation and help you build a strong case for damages, including compensation for any lost wages the injured caused, medical treatment for the injury, and non-economic damages like pain and suffering.
Schedule a free consultation with Chiariello & Chiariello to get started on your slip and fall case today.
Why Choose Chiariello & Chiariello
- Serving the Community for Over 50 Years
Our firm has helped Nassau county residents with their legal matters for more than five decades. - Honest Legal Counsel
At Chiariello & Chiariello, we pride ourselves on integrity and providing clients with straightforward advice. - Family-Owned Law Office
Our firm has been in the family for over 50 years and we look to treat all of our clients as part of our family. - Small Firm Attention, Big Firm Results
Our attorneys pursue maximum compensation for our clients while providing them with highly personalized attention throughout the entire process.
Standing By You Every Step of the Way
If you are experiencing hardship in your life due to another's negligence, working with a skilled and knowledgeable legal team can make all the difference in improving your situation — and helping you get your life back on track.
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