How Do I Know If I Have a Personal Injury Case?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Personal Injury Lawsuits

If you were injured due to another party’s negligence, recklessness, or deliberate action, you may have a personal injury case. You must also have evidence supporting your claim, such as police reports, photos, videos, or medical records. While the statute of limitations in New York is usually three years from the accident date, you should consult a personal injury lawyer as soon as possible.  

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our experienced team of New York personal injury attorneys initiates a thorough investigation into your accident, examining the circumstances, gathering critical evidence, and identifying all potentially liable parties. We also handle all communication and negotiations with insurance companies to protect your right to pursue compensation for medical bills, lost wages, and other damages. 

What Qualifies as a Personal Injury Lawsuit? 

A personal injury claim arises when someone suffers physical, emotional, or financial harm as a result of another party’s negligence or wrongful conduct. These claims can stem from a wide variety of incidents, from common accidents like slip and falls, and car or motorcycle crashes, to more complex cases involving defective products, medical malpractice, or unsafe premises. While the specific facts vary, the unifying element is that the injured person holds another party legally responsible for the harm they’ve suffered. 

Victims of personal injury may be entitled to compensation for a range of losses, including medical expenses, lost income, pain and suffering, emotional distress, reduced earning capacity, and loss of enjoyment of life. In some cases, punitive damages may also be available when the responsible party’s conduct is especially reckless or egregious. Top of Form 

The Four Elements Needed to Prove Negligence in a Personal Injury Case 

In a personal injury case, the burden is on the plaintiff (the injured party) and their attorney to prove the four elements of negligence. If one of these elements cannot be established with sufficient evidence, the claim may not succeed in court or during settlement negotiations. 

The four elements of negligence are: 

  • Duty of care: You must first show that the defendant owed you a legal duty of care. This means they had a responsibility to act in a reasonably safe manner under the circumstances. For example, in a car accident case, drivers have a duty to follow traffic laws and operate their vehicles in a responsible manner.  
  • Breach of duty: Once a duty of care is established, you must prove that the defendant breached that duty by failing to act as a reasonably prudent person would under similar circumstances. In a slip and fall case, this could involve failing to repair broken stairs or leaving debris in a walkway.   
  • Causation: You must show a direct link between the defendant’s breach of duty and your injury. In legal terms, this means proving that the accident and resulting harm would not have occurred but for the defendant’s negligent or reckless actions.  
  • Damages: To pursue a personal injury claim, you must have suffered actual, compensable damages. This can include medical expenses, lost wages, pain and suffering, and other measurable losses.  

Many injury victims may not realize they were owed a duty of care under the law. A personal injury attorney can assess the specific facts of your case to determine whether a legal duty existed, and whether you have grounds to pursue a negligence-based personal injury claim. 

What If I Am Partly at Fault? 

New York follows a pure comparative negligence rule. So, you may still recover compensation for your injuries even if you were partially at fault for the accident. However, your total recovery will be reduced in proportion to your share of the fault. For example, if you are awarded $200,000 but were found to be 20% at fault, you would receive $160,000. 

Because fault percentages can significantly affect the outcome of a claim, it’s important to have legal representation. Insurance companies may attempt to assign more blame to you than is justified to minimize their payout. An attorney can help ensure the fault is assessed fairly, and your rights are protected. 

Schedule a Free Consultation Today 

Not sure whether you have a valid claim? The personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can help you understand your legal options. Schedule a free, no-obligation consultation today. We’ll evaluate your case based on the facts and advise whether you have grounds to move forward. There’s no fee unless we recover compensation on your behalf. 

How Do Severe Injuries Affect Your Compensation? 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Personal Injury Lawsuits

Motorcyclists are particularly vulnerable in traffic collisions because they lack the protection that occupants of passenger vehicles have. As a result, motorcycle accidents often lead to serious or catastrophic injuries, including those that cause permanent disability, long-term impairment, and significant physical pain, emotional distress, and other non-economic losses that affect a victim’s quality of life. In general, the severity and lasting impact of an injury are key factors in determining the amount of compensation available in a motorcycle accident claim. 

Our injury lawyers in NYC at Friedman, Levy, Goldfarb, Green & Bagley have a long track record of successful verdicts and settlements. We have won millions of dollars in awards for injured clients to cover medical bills, lost wages, pain, suffering, and rehabilitative care. Schedule a free consultation today. 

How a Serious Motorcycle Accident Can Change Your Life 

A serious motorcycle accident can have lasting consequences that extend far beyond the initial injuries. Victims may experience impacts such as: 

  • Long-term or permanent disability: Some injuries limit mobility or physical function, making it difficult or impossible to perform everyday activities independently. 
  • Extensive medical treatment and expenses: Hospital stays, surgeries, rehabilitation, physical therapy, and ongoing medical care can create significant financial strain. 
  • Need for assistive devices or home modifications: Some victims require wheelchairs, mobility aids, or changes to their home environment, such as ramps or accessible bathrooms, to accommodate new physical limitations. 
  • Emotional and psychological effects: Anxiety, depression, trauma, and stress are common after a serious accident, particularly when injuries significantly alter a person’s lifestyle or independence. 

These long-term physical, financial, and emotional impacts are important factors when determining the compensation that may be available after a serious motorcycle accident. 

Types of Compensation Available After a Serious Motorcycle Accident Claim 

In New York personal injury claims, compensation is generally divided into economic damages, which compensate for measurable financial losses, and non-economic damages, which address the more subjective, personal effects of the injuries. 

Economic Damages 

Economic damages are the financial losses directly caused by the motorcycle accident. These damages are typically supported by objective evidence such as medical bills, employment records, tax returns, and other financial documentation. One of the most significant components of economic damages is lost income.  

Employment-Related Financial Losses After a Motorcycle Accident 

Lost income may also include bonuses, commissions, overtime pay, accrued vacation or personal days, and other employment benefits that would have been earned had the accident not occurred. In more severe cases, injuries may permanently affect a person’s ability to work, giving rise to a claim for loss of future earning capacity, which considers how the injuries may reduce long-term earning potential. 

The goal of economic damages in a serious motorcycle accident is to restore the injured person, as much as possible, to the financial position they would have been in if the accident had not occurred. For severe injuries, the amount of compensation may be significantly higher because the financial losses often extend far into the future. 

Non-Economic Damages 

Non-economic damages address the personal impact of a serious motorcycle accident, losses that do not have a precise financial value but significantly affect a victim’s quality of life. 

How Serious Injuries Affect Quality of Life 

Non-economic damages may include physical pain, emotional distress, and the ways serious injuries alter a person’s daily life and relationships. After a severe motorcycle accident, victims may find they can no longer participate in activities they once enjoyed, such as playing sports, traveling, or spending active time with family and friends. Injuries may also limit independence, making routine tasks more difficult and changing how a person engages with work, hobbies, and social life. 

These damages are intended to recognize the human cost of a serious accident — how injuries affect a person’s independence, well-being, and ability to live life as they did before the crash. Courts and juries may consider the nature and severity of the injuries, the length of recovery, and the long-term effects on the victim’s life when evaluating these damages. 

How New York’s No-Fault Law Applies to Motorcycle Accidents 

New York generally follows a no-fault insurance system for car accidents, meaning drivers typically seek compensation for medical expenses and lost wages through their own Personal Injury Protection (PIP) coverage, regardless of who caused the crash. However, motorcycles are excluded from New York’s no-fault law under state insurance statutes. 

Because of this exclusion, injuries resulting from motorcycle accidents are typically handled through liability claims against the at-fault driver rather than through no-fault benefits.  

This means injured motorcyclists may pursue compensation for their damages directly from the responsible party without needing to meet the “serious injury” threshold that applies to many car accident claims. 

How Insurance Limits May Affect Your Compensation 

In practice, the amount of compensation available in a motorcycle accident claim may depend in part on the insurance coverage carried by the at-fault driver and any other available sources of recovery. Attorneys often review all applicable policies and potential sources of coverage when evaluating a claim. 

Contact a New York Motorcycle Accident Attorney  

If you suffered severe injuries in a motorcycle accident due to another party’s negligence or recklessness, you need the services of an experienced New York motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley.   

Schedule a free, no-obligation consultation today. As we work on a contingency basis, you pay no fee unless you receive compensation. Most motorcycle accident claims are resolved through settlement, but if a fair settlement cannot be reached, we are prepared to file a lawsuit and pursue litigation on your behalf.

How Are Pain and Suffering Damages Calculated in a Motorcycle Accident Claim?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Motorcycle Accidents

Pain and suffering damages in a motorcycle accident claim are typically determined by assessing the severity of the injuries, the impact on the victim’s daily life, the length of recovery, and whether the injuries result in permanent impairment or chronic pain. Evidence such as medical records, treatment history, and expert testimony is often used to demonstrate the extent of the physical pain and emotional distress caused by the accident.    

Friedman, Levy, Goldfarb, Green & Bagley, P.C., is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. Our NYC injury lawyers protect your rights and fight for the maximum compensation available under the law. See our recent case results and schedule a free consultation.  

How Pain and Suffering Damages Are Evaluated in New York Motorcycle Accident Claims 

In New York, pain and suffering or non-economic damages are typically evaluated during settlement negotiations or determined by a jury if the case proceeds to trial. The two most common approaches for estimating these damages are the multiplier method and the per diem method. 

Multiplier Method 

The multiplier method estimates pain and suffering damages by first calculating the injured person’s easily quantifiable economic damages, such as medical expenses, lost wages, and other documented financial losses related to the accident. That total is then multiplied by a number, often referred to as a multiplier, that reflects the severity of the injuries, the length of recovery, and the overall impact on the victim’s life. 

In practice, multipliers often range from approximately 1.5 to 5, with higher numbers typically associated with more serious or permanent injuries. The resulting figure represents an estimate of non-economic damages, including physical pain, emotional distress, and loss of enjoyment of life. 

Per Diem Method  

The per diem method assigns a daily monetary value to the injured person’s pain and suffering. This daily amount is then multiplied by the number of days the victim experiences the effects of the injury, often measured from the date of the accident until they reach maximum medical improvement (MMI). The resulting total represents an estimate of non-economic damages. 

For example, if medical expenses and lost income total $15,000 and it takes 120 days to reach maximum medical improvement, dividing $15,000 by 120 results in a daily rate of about $125. That amount may then be used to estimate the value of pain and suffering over the recovery period. 

Key Factors That Influence Pain and Suffering Damages in Motorcycle Accident Claims 

While methods such as the multiplier method and per diem method may be used to estimate pain and suffering damages, the value ultimately depends on several key factors related to the severity of the injuries and how they affect the victim’s life. Courts, juries, and parties in settlement negotiations may consider factors such as: 

  • Severity of the injuries: More serious injuries, such as traumatic brain injuries, spinal cord damage, or multiple fractures, generally support higher pain and suffering damages than minor injuries. 
  • Prognosis and permanence of the injury: Whether the injured person is expected to make a full recovery or will face permanent disability, chronic pain, or long-term limitations can significantly affect the value of non-economic damages. 
  • Extent and duration of medical treatment: The type of treatment required, including surgeries, rehabilitation, physical therapy, or long-term medical care, may reflect the seriousness of the injury and the level of suffering involved. 
  • Impact on daily activities: Injuries that limit a person’s ability to perform routine tasks, maintain independence, or participate in normal daily activities may increase pain and suffering damages. 
  • Effect on the ability to work: If injuries prevent the victim from returning to their job, performing the same duties, or maintaining their previous earning capacity, this may influence the assessment of damages. 
  • Loss of enjoyment of life: Courts may consider whether the injuries prevent the victim from participating in hobbies, recreational activities, social events, or other aspects of life they previously enjoyed. 
  • Emotional and psychological effects: Anxiety, depression, trauma, or other psychological impacts related to the accident and injuries may also factor into the evaluation of pain and suffering damages. 

What If You Were Partly at Fault? 

In some motorcycle accidents, more than one party may share responsibility for the crash. Under New York’s pure comparative negligence rule, an injured person may still recover compensation even if they were partially at fault for the accident. However, any recovery is reduced by the percentage of fault assigned to them. 

For example, if a rider is found to be 25 percent responsible for an accident and the total damages are $100,000, the recoverable amount would be reduced by that percentage, resulting in $75,000 in compensation. 

Contact a New York Motorcycle Accident Attorney  

If you were seriously injured in a motorcycle accident due to another party’s negligence or recklessness, an experienced New York motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley can help. Schedule a free, no-obligation consultation today.  

We work on a contingency basis, so you pay no fee unless you receive compensation. Although many motorcycle accident claims are resolved through settlement negotiations, we are prepared to file a lawsuit and pursue litigation if the insurer does not offer a fair settlement.

How is Negligence Proven in NYC Motorcycle Accident Cases?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Motorcycle Accidents

In New York City motorcycle accident cases, negligence must be proven by showing that another party, often a motorist, failed to exercise reasonable care and that this failure caused the crash and resulting injuries. Common examples include speeding, failing to yield the right of way, distracted or impaired driving, or opening a vehicle door into the path of an oncoming motorcycle. Evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction may be used to establish fault. 

Trust our team of motorcycle accident attorneys at Friedman, Levy, Goldfarb, Green & Bagley to thoroughly investigate your claim to establish negligence. We have successfully helped riders in Manhattan, Brooklyn, the Bronx, and throughout New York City and Long Island recognize the low-ball offers and other tactics used by insurance companies to settle cases for less than they are worth. Call today to schedule a free consultation.   

The Four Elements of Negligence 

To recover compensation after a motorcycle accident in New York, the injured motorcyclist (the plaintiff) and their legal team must prove the four elements of negligence: 

  • Duty of care: Motorists have a legal duty to operate their vehicles with reasonable care and to follow New York traffic laws to avoid harming others on the road. This duty extends to motorcyclists, pedestrians, bicyclists, and other drivers. 
  • Breach of the duty of care: A breach occurs when a driver fails to act as a reasonably prudent driver would under similar circumstances. In motorcycle accident cases, this may include behaviors such as speeding, failing to yield the right of way, distracted driving, impaired driving, or opening a vehicle door into the path of an approaching motorcycle. 
  • Causation: The plaintiff must show that the driver’s breach of duty directly caused the accident and the resulting injuries. For example, if a driver fails to check for oncoming traffic before turning left and collides with a motorcycle, that negligent action may be considered the cause of the crash. 
  • Damages: The injured motorcyclist must have suffered measurable losses as a result of the accident, such as medical expenses, lost income, pain and suffering, or property damage. 

How the No-Fault Exclusion Impacts Motorcycle Accident Lawsuits in New York 

Because motorcycles are not covered under New York’s no-fault insurance system, accident claims involving motorcycles are handled differently from most car accident cases. Under Section 5102(f) of the New York Insurance Law, motorcyclists and their passengers are not eligible to receive Personal Injury Protection (PIP) benefits for medical expenses or lost income through either their own insurance policy or the policy of the at-fault driver. 

Instead, injured motorcyclists generally must pursue compensation by filing a claim or lawsuit against the responsible party. As a result, successfully recovering damages often depends on proving the four elements of negligence. 

Key Evidence That Helps Prove Fault in a NYC Motorcycle Accident 

Determining fault in a New York City motorcycle accident often requires gathering and analyzing multiple forms of evidence. Because, as noted above, motorcyclists must prove negligence to recover compensation, strong documentation and objective evidence can play a key role in establishing what happened and who was responsible. 

Key evidence includes: 

  • Police accident report: Responding officers typically document the scene, identify the parties involved, note possible traffic violations, and may include diagrams or initial assessments of fault. This report can provide an important starting point for understanding how the crash occurred. 
  • Witness statements: Testimony from independent witnesses who saw the collision can help confirm how the accident happened, especially in cases where the motorist involved provided conflicting accounts. 
  • Traffic camera or surveillance footage: Video from nearby traffic cameras, businesses, or residential security systems may capture the accident or the events leading up to it, providing objective evidence of driver behavior. 
  • Photographs and videos from the scene: Images of vehicle damage, skid marks, road conditions, debris, and the surrounding environment can help reconstruct the sequence of events and support claims about how the crash occurred. 
  • Vehicle damage and accident reconstruction evidence: The location and extent of damage to the motorcycle and other vehicles can help accident reconstruction experts determine factors such as speed, direction of travel, and point of impact. 
  • Cell phone records: If distracted driving is suspected, phone records may show whether a driver was texting, calling, or using apps at the time of the crash. 
  • Medical records and injury documentation: Medical evaluations and treatment records help connect the accident to the cyclist’s injuries, supporting claims for damages. 

Collecting and preserving this evidence as soon as possible after a motorcycle accident can be critical to building a strong claim and demonstrating how another driver’s negligence caused the crash. 

New York Pure Comparative Negligence Rule 

New York follows a pure comparative negligence rule when determining liability in personal injury cases. Under this standard, an injured person may pursue compensation even if they are partially responsible for the accident. However, any recovery is reduced by the percentage of fault assigned to them. 

For example, if a motorcyclist is found to be 30 percent at fault for an accident and the total damages amount to $100,000, their compensation would be reduced by that percentage, resulting in a recovery of $70,000. 

Because fault can be shared between multiple parties, determining the degree of responsibility for each party is an important part of a motorcycle accident claim in New York. 

Schedule a Free Consultation 

If you were seriously injured in a motorcycle accident due to another party’s negligence, you need the services of experienced NYC Injury Lawyers at Friedman, Levy, Goldfarb, Green & Bagley. Schedule a free, no-obligation consultation today. We’re here to help. Since we work on a contingency basis, you pay no fee unless we win compensation for your damages and losses.  

Compensation For Emotional Distress After an Accident 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Truck Accident

If you’ve experienced emotional distress after an accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD), you may be eligible for compensation. These psychological effects can be just as debilitating as physical injuries. They may interfere with your ability to work, maintain relationships, or go about daily life. The law increasingly recognizes that trauma isn’t always visible, and you have the right to seek justice and support for the emotional impact of an accident. 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our New York personal injury attorneys understand how psychological issues can affect you long after an accident. We’re here to explore your legal options and aggressively pursue all possible avenues to full and fair compensation.  

What Counts as Emotional Distress in New York Personal Injury Claims? 

Under New York personal injury law, emotional distress is a form of non-economic damages that may be compensable when it results from another party’s negligence. It refers to the psychological impact of an accident or injury, which can include ongoing mental suffering, fear, anxiety, humiliation, or post-traumatic stress. To recover damages, the emotional harm must be serious, documented, and causally linked to the defendant’s actions. 

Emotional trauma from an accident can take many forms. After a car accident, for example, you may experience panic attacks, flashbacks, a fear of driving or riding in a car, insomnia, or symptoms consistent with clinical PTSD. 

Legal Standards for Emotional Distress Claims in New York 

To recover compensation for emotional distress in a New York personal injury case, the following legal standards may apply: 

  • Emotional distress as part of a physical injury claim. If you suffered a physical injury due to someone else’s negligence, emotional damages like anxiety, depression, or PTSD are typically compensable as non-economic damages in addition to medical costs, lost income, and other economic losses. 
  • Zone of danger rule. You may recover for emotional distress even without physical injury if you were placed in immediate risk of harm due to another’s negligence. To qualify, you must show you were in the zone of danger, feared for your safety, and developed serious emotional harm as a result. 
  • Causal connection required. Emotional harm must be directly linked to the negligent act. Generalized stress or unrelated mental health conditions won’t support a valid claim. 
  • Severity matters. The emotional distress must be serious, diagnosable, and documented through professional treatment or expert testimony. Minor or fleeting emotional discomfort is not enough to justify compensation. 
  • Economic damages strengthen the claim. While emotional distress falls under non-economic damages, documenting related economic losses, such as therapy costs, psychiatric treatment, medications, or missed work, can support the seriousness of your suffering and strengthen your overall case. 

How Is Emotional Distress Calculated? 

In New York personal injury cases, emotional distress doesn’t have a fixed dollar value like medical bills or lost wages. However, courts and insurance companies often use standard approaches to estimate their value: 

  • The multiplier method. Emotional distress is estimated by multiplying the plaintiff’s economic damages (such as medical expenses and lost earnings) by a number typically ranging from 1.5 to 5, depending on the severity and duration of the emotional harm. 
  • The per diem method. A daily rate is assigned to the plaintiff’s emotional suffering, which is then multiplied by the number of days the distress is expected to last. 

These methods are not formulas established by law, but they offer a recognized framework for negotiating settlements or presenting damage calculations in court. 

What Evidence Is Needed to Prove Emotional Distress?  

In New York, emotional distress claims must be supported by clear, credible evidence showing both the existence and severity of the harm and its connection to the underlying negligent act.  

The following types of evidence are commonly used: 

  1. Professional Evaluations. Diagnoses, treatment notes, or expert opinions from licensed mental health professionals (such as psychologists, psychiatrists, or therapists) are central to validating the claim. 
  2. Medical Records. Documentation related to emotional or psychological treatment, including therapy session notes, medication prescriptions, hospitalizations, and referrals from primary care providers. 
  3. Personal Journals or Logs. A contemporaneous record of your emotional experience, such as panic attacks, flashbacks, sleep disturbances, or avoidance behaviors, can help demonstrate the day-to-day impact of the trauma. 
  4. Lay Witness Testimony. Statements from family members, friends, or coworkers who can attest to noticeable changes in your mood, behavior, or functionality help establish the credibility and extent of your emotional suffering. 

Courts give greater weight to objective, third-party documentation, especially when supported by expert testimony and tied directly to the incident in question. Our attorneys build a clear, compelling case to dispel any doubts that your distress is real, ongoing, and directly related to the incident. 

The Role of an Attorney in Proving Emotional Distress 

Coping with emotional distress is difficult on its own. Pursuing a legal claim can add stress, confusion, and unexpected hurdles. That’s why working with a knowledgeable personal injury attorney is so important. We can: 

  • Gather and organize credible documentation of your emotional harm, including medical records, mental health evaluations, and supporting witness statements. 
  • Present your emotional distress in a legally compelling way, using language and evidence that courts and insurers recognize. 
  • Push back against insurance tactics that attempt to downplay or deny the seriousness of psychological injuries. 
  • Advocate for full compensation, including emotional and physical harm, where applicable, so your claim reflects your losses, both tangible and intangible. 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we carefully evaluate both the physical and emotional effects of your injury to demonstrate the full scope of your damages. Our team is dedicated to protecting your rights and securing the compensation you need to rebuild your life. 

Schedule a Free Consultation Today 

Emotional distress is a recognized component of many personal injury claims, and with proper documentation and skilled legal representation, you may be entitled to a meaningful recovery. The personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C., assist New Yorkers in navigating complex claims involving emotional and physical injuries.  

If you’re continuing to cope with the effects of a serious accident, contact us to schedule a free, no-obligation consultation today. 

Can You Still Recover Compensation If You’re Blamed for a Slip and Fall? 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip and Fall

Yes. Under New York law, you may still recover compensation for a slip and fall injury, even if you are found partially at fault. For example, you might have been briefly distracted when the accident occurred. However, if the property owner failed to repair broken steps or provide adequate lighting, they could still bear significant legal responsibility. As long as their negligence contributed to your injuries, you may be entitled to recover damages for medical expenses and other losses – but your compensation may be reduced in proportion to your share of the fault.   

A skilled slip and fall injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. will thoroughly investigate your claim, gather supporting evidence, and advocate for the lowest possible degree of fault to be assigned to you. Insurance companies often try to shift blame onto injured parties to limit their financial exposure and minimize payouts. If you or a loved one has been seriously injured on public or private property, contact us today for a free consultation. 

New York’s Pure Comparative Negligence Standard 

New York applies a pure comparative negligence rule in personal injury cases, including slip and falls. This standard holds each party accountable for their own share of the fault. If an injured person is found partially responsible for their fall, their compensation is reduced in proportion to their percentage of fault, but they are not barred from recovery. For example, if you are found 25 percent at fault and your total damages are $100,000, your recovery would be reduced to $75,000.  

To illustrate, a person who is shopping at a grocery store takes a second to check a text message. They don’t notice a large puddle in an aisle caused by a leaking refrigeration unit. The store had failed to place warning signs or clean up the spill, despite several employees walking past it for over an hour. In this scenario, the injured person may be found 25% percent at fault for not paying full attention, while the store bears the remaining 75% for failing to address a known hazard. 

Common Tactics Used to Shift Blame in Slip and Fall Cases 

Under New York law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes regularly inspecting for hazards, making timely repairs, and posting clear warnings, such as “Wet Floor” signs, when immediate repairs aren’t possible. 

Despite this responsibility, defendants and insurance companies often attempt to shift blame onto the injured person to reduce or avoid liability. These tactics may involve claims that the victim acted carelessly or failed to take proper precautions, including: 

  • Failing to heed clearly visible warning signs (e.g., cones or posted notices) 
  • Making statements at the scene that suggest personal fault or responsibility 
  • Being distracted at the time of the fall, such as using a cellphone 
  • Wearing footwear considered unsafe or unsuitable for the conditions 
  • Delaying notification of the incident to the property owner or manager 
  • Failing to seek timely medical attention after the fall 

An experienced slip and fall attorney can challenge these claims by presenting evidence, clarifying the facts, and negotiating to minimize your share of fault. The lower your percentage of responsibility, the greater the potential recovery. 

Key Evidence in a Slip and Fall Claim 

Successful slip and fall claims often hinge on preserving evidence before it disappears. If you are physically able or can ask someone for help, take the following steps to strengthen your case: 

  • Photographs of the hazard — Take clear photos of the dangerous condition that caused your fall, from multiple angles, because it can be quickly addressed or fixed after your accident. 
  • Surveillance footage — Video evidence can be critical in a slip and fall case, but many systems delete footage within days. While you can ask the property owner to preserve it, a formal request from your attorney is often needed to ensure it’s not lost or destroyed. 
  • Witness contact information — Get names and phone numbers of anyone who saw your fall or the hazardous condition. Their statements can support your version of events. 
  • Incident report — Report the accident to the property owner or manager and request a written report. If they complete one, ask for a copy. 
  • Prompt medical attention — Go to the ER or urgent care as soon as possible. Medical records will link your injuries to the fall and are essential for your claim. 
  • Preserve clothing and footwear — Store the shoes and clothes you were wearing in paper bags. Do not wash or fix them. They are now key pieces of evidence. 

How We Can Help 

Our legal team takes immediate action to thoroughly investigate the conditions that caused your fall, e.g., preserving surveillance footage and reviewing property maintenance records. We focus on building a fact-driven case that challenges attempts to shift blame onto you by demonstrating how the property owner failed to uphold their duty of care. Through detailed evidence and legal analysis, we position your case for the strongest possible outcome under New York’s comparative negligence law. 

Contact a New York City Slip and Fall Lawyer  

If you were seriously injured in a slip and fall accident due to property owner negligence, consult an experienced personal injury lawyer in NYC at Friedman Levy Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. While most slip and fall claims are settled, we will litigate your case if the insurance company fails to agree to a fair settlement amount. Because we work on a contingency basis, you pay no fee unless you receive compensation for your losses.  

What Are My Options If My Injury Keeps Me from Working? 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip And Fall Injuries

If your injury prevents you from working, you may still have options to seek compensation, even if you delayed contacting an attorney and filing a claim for damages. In New York, you generally have three years from the date of the injury to file a personal injury lawsuit under the state’s statute of limitations, which applies to most negligence-based claims, such as a slip and fall or a car accident. Compensation can include recovery for medical bills, lost wages, pain and suffering arising from the accident. 

Note that straightforward cases with clear liability can often be resolved through settlement negotiations within a few months. However, more complex claims, especially those requiring litigation, can take longer. Our personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can help you explore your legal options in a free consultation.  

A Delay Doesn’t Automatically Undermine Your Case 

Even if you didn’t contact an attorney right away, you may still have a valid personal injury case, especially if you took the right steps to care for yourself. Seeking medical treatment, following your prescribed recovery plan, and, when applicable, filing a police or incident report all help strengthen your case. 

Medical records are crucial. They establish the nature and extent of your injuries and support your claim for lost wages or long-term limitations. In fact, if your injuries have kept you from working, that alone may serve as further evidence of the severity of the harm you suffered. A delay doesn’t automatically undermine your claim.  

Potential Challenges  

If there’s a gap between your injury and when you saw a doctor, the insurance company may try to use that against you. A common argument is that your injuries were caused by something else, especially if there’s no early documentation tying them directly to the accident. However, if you sought medical care at any point following the incident, our team can use those records, along with other evidence, to counter claims that your injuries are unrelated. 

Building a Strong Case: Evidence That Matters  

Medical records, employment history, and any incident or police reports become especially important; they help establish a clear, credible timeline of events. 

Evidence can include the following:  

  • Medical Records: As noted, these show your diagnosis, treatment timeline, and how your injury has impacted your ability to work. 
  • Employer Records: Pay stubs, HR records, and documentation of when you stopped working can support claims for lost wages. 
  • Accident Reports: If a police report or incident report was filed, it helps establish what happened. 
  • Photographs or Video: If you took a few photos or a short video after the incident, whether of the location, visible injuries, property damage, or hazardous conditions, this evidence can help document the scene and support your case. 
  • Personal Notes or Journal Entries: If you wrote down details about the accident, your symptoms, or how the injury affected your daily life, even informally in an email, text, or journal, those records can help establish what happened and when. 
  • Repair or Replacement Records: Receipts or service documentation for items damaged in the accident, such as a broken phone, laptop, or vehicle, can help verify the date and impact of the incident, especially if your claim was filed later. 

Even if several months have passed, speaking with an experienced attorney can help you understand whether your claim is still viable and what steps to take next. 

Proving Negligence in a Personal Injury Case  

To succeed in a personal injury case, the plaintiff (the injured party) and their attorney must prove all four elements of negligence using credible evidence. If even one element is missing or unproven, the case may not go forward.  

Here’s what must be established: 

  1. Duty of Care – Your attorney must demonstrate that the defendant owed you a legal duty of care. For example, drivers must obey traffic rules, or a property owner has a duty to maintain safe premises for lawful visitors. 
  2. Breach of Duty – The defendant failed to meet that duty. This could involve careless or reckless behavior, such as failing to address a known hazard or driving while under the influence. 
  3. Causation – There must be a direct link between the defendant’s actions (or inaction) and your injury. This includes showing that the injury would not have occurred if not for the defendant’s negligence. 
      1. Damages – Finally, you must prove that the injury resulted in actual, compensable losses, such as medical expenses, lost wages, pain and suffering, or long-term limitations. 

      Schedule a Free Consultation  

      Even if your injury has left you unable to work, and you waited before filing a claim, you still may have a path to recovery. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our track record of successful settlements and verdicts reflects our commitment to securing justice for our clients throughout New York.  

      If you’re unsure where to begin or worried about whether you have a viable claim, reach out for a free, no-obligation consultation. Since we work on a contingency basis, you pay no legal fees unless we recover compensation for your losses and damages.  

      What to Do If a Property Owner Lies or Covers Up a Slip and Fall Accident 

      Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip and Fall

      When a property owner lies or tries to cover up a slip and fall incident to avoid liability, it can make an already difficult situation even more stressful. If you find yourself in this position, it’s critical to act strategically. Preserving evidence, documenting your injuries, and consulting an experienced personal injury attorney are key steps to protecting your rights and building a strong claim.  

      A slip and fall injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. knows the common tactics used by property owners and managers to avoid liability. Our team protects your rights while fighting for your right to receive the maximum compensation for your losses and damages. Schedule a free consultation today. 

      Why Property Owners May Try to Cover Up Slip and Fall Accidents 

      Property owners, especially in busy places like New York City, may attempt to conceal or deny a slip and fall accident to protect their own interests. Common reasons include: 

      • Avoiding financial liability. Admitting fault can open the door to costly insurance claims or lawsuits. 
      • Protecting their insurance premiums. Claims can lead to higher premiums or policy cancellations. 
      • Hiding prior negligence. A cover-up may conceal a history of similar incidents or ignored safety issues. 
      • Fear of code violations or fines. Unsafe property conditions may also violate building or safety codes. 
      • Damage to business reputation. For commercial properties, acknowledging an accident can harm public trust and deter customers. 
      • Lack of proper insurance coverage. Some property owners may not carry adequate liability insurance, fearing personal financial exposure. 

      How Property Owners Tamper with Evidence 

      While it’s reasonable for a property owner to address a hazard after a slip and fall, some go beyond necessary repairs and actively interfere with evidence to avoid liability. Tampering can take many forms, some subtle and others deliberate, and may significantly impact your ability to prove what happened. Recognizing these tactics is crucial to protecting your rights. 

      Typical forms of evidence tampering include: 

      • Erasing or editing surveillance footage. Deleting video recordings or “losing” camera angles that show the fall or the hazardous condition. 
      • Altering or backdating incident reports. Changing the details of when, where, or how the fall occurred to shift blame or minimize their own negligence. 
      • Falsifying cleaning or maintenance logs. Creating or modifying records to suggest the area was inspected or cleaned when it wasn’t. 
      • Quickly removing or repairing the hazard before documentation. Fixing the hazard before it can be photographed or witnesses can verify what was there. 
      • Discouraging or intimidating witnesses. Property owners or managers may discourage employees or bystanders from speaking about what they saw, especially if their testimony could support your claim. 
      • Refusing to provide documentation. Denying access to incident reports or internal records that the injured person is legally allowed to request. 

      If you suspect any of these actions, it’s important to speak with an attorney immediately. They can act quickly to preserve crucial evidence and prevent further interference. 

      What to Do After a Slip and Fall to Protect Your Health and Rights 

      If you’re physically able, begin documenting the scene immediately. Take clear photos and videos of the hazardous condition from multiple angles, including wide shots that show the location and close-ups of the specific hazard. If your injuries prevent you from doing this, ask a bystander or companion to help.  

      Capturing this evidence at the time of the incident is crucial; it can confirm that the hazard existed and was the direct cause of your fall. Nearby surveillance cameras may have recorded the incident, but the property owner often controls this footage.  

      However, because it may be deleted or withheld, it’s important to notify your attorney as soon as possible so they can take legal steps to preserve and request the video before it’s lost. Without your own documentation, it becomes easier for a property owner to falsely claim that no hazard existed or that your injuries occurred elsewhere. 

      Other Steps to Take to Preserve Your Rights 

      In the aftermath of a slip and fall, taking the following steps can help protect your legal claim: 

      • Obtain witness information. Obtain the names and contact details of anyone who saw the fall or the conditions that caused it. Witnesses may also recall statements made by the property owner or manager at the scene, including any admissions of fault. 
      • Report the incident promptly. Notify the property owner or manager as soon as possible and request an incident report. If they refuse or fail to provide a copy, make your own written record of when and how you reported the accident, and to whom. Taking these steps creates a paper trail that may be critical if the owner later denies the incident or misrepresents what happened. 
      • Seek immediate medical attention. Even if your injuries appear minor, it is essential to get evaluated by a medical professional. Some injuries may not present symptoms right away. Medical documentation supports your recovery and creates a clear link between the fall and your injuries. 
      • Preserve your clothing and footwear. Store the clothes and shoes you were wearing at the time of the accident in sealed paper bags in a cool, dry place. Do not wash or alter them. These items may serve as physical evidence to support your claim. 

      Contact a New York City Slip and Fall Injury Lawyer  

      If you were seriously hurt due to a property owner’s negligence, you need the services of an experienced personal injury lawyer in NYC at Friedman Levy Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.  

      How Slip and Fall Spinal Injuries Change Your Case Value 

      Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip And Fall Injuries

      A spinal cord injury from a slip and fall is a catastrophic event that often results in permanent disability, loss of mobility, and a need for lifelong medical care. These injuries typically involve substantial medical expenses, ongoing rehabilitation, and significant changes to the victim’s quality of life and earning capacity. Because of the complexity and long-term consequences, the value of these cases is high. Choosing an experienced attorney is essential to securing the full compensation the law allows.  

      Friedman, Levy, Goldfarb, Green & Bagley, P.C., is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. A skilled NYC slip and fall attorney will advocate on your behalf to pursue the maximum compensation available, so you can access the long-term care and support you need.  

      Why Spinal Injuries Are Different  

      Life is permanently altered after a spinal cord injury, affecting nearly every aspect of daily living, including mobility, self-care, sleep, and bowel or bladder function. These injuries are medically complex and often far more debilitating than other types of trauma.  

      A slip and fall resulting in paraplegia or quadriplegia not only leads to loss of mobility but may also cause chronic, severe pain requiring long-term pharmaceutical management. In some cases, patients experience neuropathic pain even in areas where they have lost all other sensation.   

      Additional Common Issues Facing Spinal Cord Injury Victims  

      • Blood Clots: Individuals with spinal cord injuries are at increased risk for deep vein thrombosis (DVT) and pulmonary embolism due to reduced mobility and impaired circulation, particularly in the lower extremities. 
      • Musculoskeletal Pain: Overuse of certain muscle groups, especially in the shoulders, arms, and wrists, can lead to chronic musculoskeletal pain or joint degeneration, particularly in wheelchair users. 
      • Respiratory Complications: Spinal cord injuries, especially at or above the cervical level, can impair respiratory function and increase vulnerability to pneumonia. Individuals with high-level injuries may require mechanical ventilation or tracheostomy. 
      • Pressure Ulcers: Prolonged immobility can result in pressure ulcers (bedsores), which may lead to serious complications such as infections, sepsis, or the need for surgical intervention. 

      Spinal injuries go far beyond the physical consequences. Victims often face significant emotional and psychological challenges as they adjust to a drastically altered way of life. The loss of independence, changes in body function, and uncertainty about the future can lead to anxiety, depression, and even post-traumatic stress. 

      Potential Compensation in a Spinal Injury Slip and Fall Lawsuit 

      While some individuals may eventually return to the workforce following a spinal cord injury, long-term employment prospects are often significantly limited, particularly for those whose prior occupations involved physical labor.  

      Many spinal injury survivors face permanent functional impairments that prevent them from resuming their previous roles, and transitioning to less physically demanding work may require extensive vocational retraining.  

      Even with accommodations, the combination of chronic pain, reduced mobility, and medical needs can pose substantial barriers to sustained employment, making loss of earning capacity a critical component of any legal recovery.  

      Economic and Non-Economic Damages 

      Compensation in these cases is intended to address both economic and non-economic losses, and may include: 

      • Medical Expenses (Current and Future): Coverage for emergency care, surgeries, hospital stays, rehabilitation, prescription medications, and long-term care needs, including in-home nursing or specialized spinal injury treatment at top-tier facilities. 
      • Lost Wages: Reimbursement for income lost during recovery, supported by employment records and medical documentation. 
      • Loss of Future Earning Capacity: Compensation for diminished ability to work due to permanent physical limitations, often calculated with input from vocational and economic experts. 
      • Home Modifications: Costs associated with making a residence accessible, such as installing wheelchair ramps, stairlifts, widened doorways, or accessible bathrooms. 
      • Assistive Devices: Expenses for mobility aids, such as wheelchairs, motorized scooters, and durable medical equipment necessary for daily living. 
      • Pain and Suffering: Compensation for the physical pain and loss of enjoyment of life caused by the injury, which may continue indefinitely. 
      • Emotional Distress: Damages for the psychological effects of the injury, including anxiety, depression, and loss of independence, often supported by expert testimony or mental health treatment records. 

      Each case is fact-specific, and the total compensation depends on the severity of the injury, the long-term prognosis, and the impact on the victim’s life and livelihood. 

      Our Case Results  

      Our track record of success in representing clients reflects both our legal skill and unwavering commitment to justice. We understand the profound impact a serious injury can have on every aspect of a person’s life, from physical recovery and financial hardship to emotional strain.  

      Through meticulous case preparation, strategic negotiation, and, when necessary, aggressive litigation, we have secured meaningful results for our clients across a wide range of complex personal injury matters. Here are just a few examples: 

      • $2.1 million jury verdict — Trip and Fall Accident, Brooklyn 
      • $1.050 million jury verdict — Windblown Debris in Parking Lot Strikes Customer, Queens 
      • $5,000,000 Settlement — Piece of Building Strikes Pedestrian, Manhattan 
      • $1,500,000 Settlement — 8-Year-Old Girl Falls Through Skylight on Roof Playground of School, Brooklyn 

      Friedman, Levy, Goldfarb, Green & Bagley, P.C. was founded over 50 years ago by Sidney Friedman to serve the needs of clients in his New York neighborhood. Today, we continue that legacy with a team of dedicated advocates committed to delivering results with integrity and care. Meet our attorneys to learn more about the experience and qualifications of the professionals who will be handling your case. 

      Contact a New York Premises Liability Lawyer  

      If you or a family member suffered a spinal injury after a slip and fall due to a property owner’s negligence, contact an experienced New York premises liability lawyer at Friedman, Levy, Goldfarb, Green & Bagley. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.   

      Understanding Long-term Care Needs After a Life-changing Fall 

      Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip and Fall

      Most people are unprepared for how dramatically a serious fall can alter their mobility, daily living, independence, and financial stability. After a catastrophic fall, the victim may never again regain mobility. They may require assistance with the simplest tasks, such as eating, dressing, and maintaining basic hygiene, as well as the financial burden of long-term care. If that fall occurred due to a property owner’s negligence, the victim can file a premises liability lawsuit against the at-fault parties.  

      An NYC slip and fall attorney at Friedman, Levy, Goldfarb, Green & Bagley can assess your long-term care needs based on expert medical testimony, the severity of your injuries, prognosis for recovery, and recommendations from treating physicians and care planners. They will also fight to secure the full compensation you deserve to cover those long-term care needs. Schedule a free consultation today. 

      Common NYC Long-term Slip and Fall Care Needs  

      Some individuals who suffer severe injuries in slip and fall accidents may require long-term or permanent care in nursing facilities. Others may benefit from assisted living arrangements. For example, spinal cord injuries can result in loss of mobility, which often necessitates 24-hour caregiving and medical support.  

      Common long-term care needs for those severely injured in a slip and fall include: 

      • Assistive Devices: Wheelchairs, walkers, crutches, mobility scooters, and specialized medical equipment to support daily living. 
      • Home Health Aides: In-home caregivers to assist with bathing, dressing, medication management, and mobility support. 
      • Home and Vehicle Modifications: Installation of ramps, stair lifts, grab bars, and widened doorways for wheelchair access. 
      • Pain Management: Ongoing treatment plans involving medication, injections, physical interventions, or alternative therapies to manage chronic pain. 
      • Physical Therapy: Targeted exercises and treatments to improve strength, mobility, balance, and function over time. 
      • Rehabilitation Services: Comprehensive inpatient or outpatient programs focused on recovery from neurological, orthopedic, or cognitive impairments. 
      • Psychological Support: Counseling or psychiatric care to address trauma, depression, anxiety, or adjustment disorders related to the injury. 
      • Medical Monitoring and Follow-Up: Ongoing evaluations and care plans coordinated by a team of healthcare providers. 

      Understanding the full scope of long-term care needs after a serious slip and fall injury is essential, not just for recovery but for securing the compensation necessary to cover those ongoing costs. 

      How Long-Term Care Needs Affect Case Value 

      Compensation in a personal injury claim is closely tied to the severity of the injury. As noted above, when a plaintiff requires long-term care, the value of the case typically increases due to higher medical costs, extended recovery time, and ongoing support needs. 

      For individuals facing long-term care, both the value and urgency of the claim rise. These are highly vulnerable individuals who need timely financial support to access critical services. 

      New York City is home to some of the nation’s leading spinal cord and traumatic brain injury programs. While these services offer exceptional care, they also come with substantial costs. Our team understands how to assess the true value of your claim and will advocate for full compensation based on your needs. 

      New York Fall Injury Compensation 

      When a slip and fall results in life-changing injuries, compensation in a New York personal injury claim must reflect the full scope of long-term consequences, not just immediate treatment. 

      Recoverable damages may include: 

      • Medical and Long-Term Care Expenses: Costs associated with hospitalization, surgery, rehabilitation, nursing home care, assisted living, in-home caregivers, medical equipment, home modification, and future medical treatment over a lifetime. 
      • Lost Wages: Income lost during extended recovery periods or prolonged absences from work due to hospitalization, rehabilitation, or ongoing medical care. 
      • Loss of Future Earnings and Earning Capacity: Compensation for the permanent inability to return to work or to earn at the same level as before the injury, particularly when injuries result in disability or dependence on long-term care. 
      • Pain and Suffering: Consideration of the ongoing physical pain and limitations caused by the injury. 
      • Emotional Distress: Recognition of the psychological toll of losing independence, mobility, or quality of life following a serious fall. 

      Our Case Results  

      Friedman, Levy, Goldfarb, Green & Bagley, P.C., is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. The Law Firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation.  

      Our successful case results include: 

      • $5,000,000 Settlement — Piece of Building Strikes Pedestrian, Manhattan 
      • $3,167,000 Settlement — Bridge Painter Falls From Broken Scaffold, Queens 
      • $2,100,000 Jury Verdict — Trip and Fall Accident, Brooklyn 

      Our team keeps you fully informed about the progress of your case. Meet our attorneys to learn more about the experience and qualifications of the professionals who will be handling your case. 

      Contact a New York Premises Liability Lawyer 

      If you or a family member suffered catastrophic injuries from a slip and fall due to property owner negligence, you need the services of an experienced New York premises liability lawyer.  

      Schedule a free, no-obligation consultation today. Since we work on a contingency basis, there are no upfront legal fees. While many cases are settled, we will take your case to trial if the insurer refuses to agree to a reasonable settlement amount.