Potential Liable Parties in a Car Accident

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

Shards of car glass on the street after car accident

When a quick errand run turns treacherous because of another driver’s attention, you deserve to be compensated for your injuries. After any type of traffic collision where property damage and physical harm occurs, establishing liability is one of the most critical steps needed when it comes to securing damages for your claim.  

Various factors will ultimately determine which individual (or parties) is liable for the accident. For example, a driver is seriously hurt after another motorist cuts in front of her without signaling the move. The victim may be held partially responsible for the collision if it can be proven that she made an illegal lane change or was speeding at the time of the crash.

It can be challenging to prove fault in an accident, especially when who caused the accident is disputed. Proving fault requires hard evidence, ranging from police reports, eyewitness testimony and photos of the accident scene.

Determining accident liability and filing insurance claims with a full appreciation of the state’s no-fault laws makes litigating cases in New York City’s five boroughs especially complex. For this reason, it’s crucial to seek legal advice as soon as possible. A lawyer will answer questions about your eligibility for legal recourse and begin a proper investigation into potential liable parties.

Who may be held accountable for car accident injuries?

While reckless or negligent driving behavior is a common allegation in car accident claims, there are other situations where liability may fall elsewhere. Take for instance an auto part manufacturer that distributes a defective ignition switch which causes a motorist to lose control of their vehicle and crash. Or, consider an SUV that is equipped with a faulty airbag that deploys randomly, causing severe injury.

Unfortunately, there are millions of cars and vehicle parts that have been recalled for defects and safety concerns over the years. According to the National Highway Traffic Safety Administration, vehicle defects were a factor in nearly 50,000 accidents last year.

Automobile manufacturers and makers of vehicle parts have a duty to design and manufacture products that are reasonably safe for their intended purpose. Depending on the unique circumstances of the accident, a product liability claim may be filed against the manufacturer of a faulty vehicle part, the automobile manufacturer or even the company that distributed the vehicle.

Discuss your case with NYC car accident lawyers

The law firm of Friedman, Levy, Goldfarb & Green has successfully taken on complex accident cases stemming from negligent driving, cell phone use, vehicle defects, equipment malfunction, and driver impairment, among other factors. Our veteran attorneys have a reputation for pursuing maximum compensation and achieving outstanding results for our clients. Determining fault in a motor vehicle collision requires in-depth investigations, supporting evidence and a thorough understanding of negligence and product liability laws. Establishing liability is not always cut and dry, particularly in multiple-vehicle crashes, where victims can benefit immeasurably from a trusted legal advocate.

Most personal injury cases arising from auto accidents in New York are resolved out-of-court, but a skilled car accident lawyer will protect your interests and take the case to trial if a settlement falls short. Call Friedman, Levy, Goldfarb & Green P.C. today to arrange a free case evaluation.

Can I Sue for Falling on Ice?

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

The January snowstorms that swept through the central and northeast states left an inevitable aftermath of ice, snow, and other hazards. Those hazards raise the risk for falling on ice. If you are injured in a fall and incur medical expenses and other costs as a result, you may have an opportunity to recover compensation for your injuries from the property owners or businesses that failed to make their premises safe.

The negligence and accident attorneys at Manhattan’s Friedman, Levy, Goldfarb & Green have prepared this guide to help you determine whether you can sue to recover compensation for your injuries for falling on ice.

Did you collect and preserve the evidence of the fall and your injuries

Every slip and fall accident case turns on the facts and evidence surrounding the fall and any resulting injuries. If you do slip and fall on ice, you can improve your chances of your recovering compensation for your injuries if you document all of the details of the accident. Take photographs of the ice that you fell on. Note the time of day and the weather and lighting conditions. Get contact information from any witnesses who saw you fall. Seek medical assistance immediately if you believe you are injured, and save all medical bills and receipts for treatment of your injuries.

Why were you on the property at the time of the accident

If you were invited onto the premises or the owner consented to your presence on the property, the owner bears a greater burden to clear snow and ice and to take reasonable precautions to prevent foreseeable falls. On the other hand, if you were trespassing, the owner has no implied promises to you to take those reasonable precautions.

Did you fall on private, commercial, or government property

Falls on private or commercial property are treated differently than falls on government property. Federal, state, and local government entities frequently claim sovereign immunity as a defense to liability. Where that defense is not available, government entities often have special procedures for injury lawsuits, including very short notice requirements and statutes of limitations. If you fall on ice or snow and are injured on a government-owned property, you should retain legal counsel and start any legal actions as quickly as is possible in order to avoid missing any short deadlines.

What efforts did the owners make to clear ice and snow

Although property owners are generally charged with taking reasonable precautions to keep their premises safe, in New York State a private property owner has no obligation to clear snow that naturally accumulates on sidewalks that are adjacent to property. There are, however, several exceptions to this rule. Many municipalities, including the City of New York, have ordinances that impose tort liability on a property owner that fails to clear snow and ice from abutting walkways. Further, if the owner’s efforts to remove snow and ice only make the situation worse, that owner may be liable for your injuries if you fall on snow or ice on the property.

Do you bear any responsibility for your injuries

Under New York State law, slip and fall lawsuits are analyzed according to a pure comparative negligence standard. If you are injured in a fall on snow or ice, your own negligence will not completely prevent you from recovering damages for your injuries, but your damages award will be reduced in proportion to your own negligence. If you were running or wearing shoes that were inappropriate for the conditions, for example, those actions may be held up as evidence of your own responsibility for falling on snow or ice.

What damages can you recover

If a property owner’s negligence is deemed to be the proximate cause of your injuries, you may be entitled to recover compensation for your medical costs and expenses, costs of future medical care and rehabilitation therapy, your lost wages if you are unable to work while recuperating, and the cost of personal property that was damaged or lost in the fall. Other damages may be available as a function of the specific facts of your case.

Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. if you have been injured as a result of falling on snow or ice

Every situation in which a person suffers injuries as a result of a fall on snow or ice is specific to its facts. For a specific answer to the question of whether you can sue after you have suffered an injury after falling on ice in New York, including Manhattan, the Bronx, Long Island, and Brooklyn, please call our Manhattan offices to speak directly with one of our negligence and accident attorneys.

Slip and Fall Hazards in New York: Winter Weather

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

slip and fall snow stairs premises liability

Winters in New York can be unpredictable. The temperatures might turn mild for a little while, before Mother Nature throws a massive snowstorm at the state. Naturally, wintry weather brings unique hazards. In addition to the poor driving conditions, winter can cause difficulties for pedestrians. Take precautions to avoid slipping and falling on the snow and ice. And if you do fall, be advised of the next steps to take to determine if you could recover compensation for your injuries.

Preventing winter weather-related slip and falls

While it’s impossible to guarantee your safety, there are a number of things you can do to reduce your risk of slipping and falling on the snow or ice this winter. First, upgrade your footwear. You’ll need sturdy snowboots with non-skid soles. Another option is to get a pair of traction cleats, also called ice grips. These are simple, unobtrusive contraptions that you can pull over any pair of shoes to help grip the ground better. You can take them off when you reach your destination.

Keep an eye on the ground in front of you as you walk, and use handrails whenever available. Take small steps and move slowly. Wear gloves to keep your hands warm. Avoid sticking your hands in your pockets, since this affects your center of gravity. If you do feel yourself falling, you might be able to react quickly enough to either pull yourself out of the fall or to control the fall. You can control it by bending your knees and dropping straight downward.

What to do when a fall occurs

Your health and safety are your top priorities. After slipping and falling, your injuries might be severe enough to warrant a call to 911. Even if you think you’re only mildly injured, you should seek medical help. Your injuries might be more severe than they initially appear. Plus, your medical records will substantiate a legal claim.

You should also document the scene of the accident. If you have a smartphone with you, take close-up photos of the area and pictures that put the immediate area into context so that its exact location can be determined. If anyone witnessed the accident, you should politely ask for their names and contact information. They may be asked to provide a witness statement later.

Next, report the accident to the property owner or manager as soon as possible. You should have the details of the incident in writing. Ask the manager to provide you with a written report, or to read and sign your own written report.

Where to go for legal help in NYC, New York

For over 50 years, the personal injury lawyers of Friedman, Levy, Goldfarb & Green have been providing vigorous legal representation to the residents of Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Long Island. Call our trilingual staff today at 800-969-5389 any time of the day or night to discuss your situation and request a consultation. We may be able to secure compensation for your injuries without filing a lawsuit. Request your free case review with an experienced NYC slip and fall lawyer today.

Additional resources on winter weather safety:

  1. Michigan.gov, Winter Fall Prevention & Safety Tips, https://www.michigan.gov/documents/mdch/Winter_Fall_Prevention_494521_7.pdf
  2. Iowa State University, Walk Safe this Winter, https://www.ehs.iastate.edu/news/walk-safe-winter

4 Types of Brain Injuries Caused by Car Accidents

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

Doctor analyzing x-ray screening image in hospital office during medical exam

Roughly 2 million people every year are injured in car accidents across the United States, according to the U.S. Center for Disease Control and Prevention. Unfortunately, vehicle accidents have the potential to cause brain injuries, one of the most serious types of injury. This can result from the head of a collision victim hitting part of the car or the pavement, or even from extreme, repeated movement of the head, even if it does not come into contact with any other object.

The type of brain injury called traumatic brain injury (TBI) can cause long-term impairment in thinking or mobility. In extreme cases, it can cause paraplegia or quadriplegia, inability to move the extremities.

The type of brain injuries that can result from car accidents are:

  • Concussion: Concussions result from a head being struck or being in rapid momentum or back and forth movement.
  • Contusion: “Contusion” means bruise. A bruise on the brain is possible in a car accident, and may require surgery. There is a type of contusion called Coup-Contrecoup, which means that bruises have occurred on both sides of the brain.
  • Diffuse Axonal: If a patient’s head rotates violently, it can cause tears in the brain. Concussions are a mild form of this type of injury.
  • Penetration: If an object penetrates the head and goes into the brain, it can cause major trauma and even death.

Symptoms of Brain Injuries

If you or a loved one has been in a car accident, you should be alert to the signs of brain injury. These symptoms can be extremely variable, and many symptoms can be associated with other types of injuries. If you think you see these symptoms, it’s wise to consult a physician to be on the safe side.

  • Headache
  • Blurred vision
  • Becoming unconscious after the accident
  • Nausea
  • Dilated or uneven pupils
  • Sensitivity to light and sound
  • Slower thinking or response times
  • Confusion
  • Difficult thinking or concentrating
  • Difficulty in maintaining balance or coordination
  • Exhaustion or fatigue
  • Difficulty being alert
  • Emotional volatility or withdrawal
  • Seizures
  • Numbness in extremities

Experienced Car Accident Attorneys in New York

If you or a loved one has been injured or died in a car accident, you may be facing both emotional and financial hardship. Accidents and injuries can be traumatic. They can require medical treatment, which can be expensive and result in being unable to work for periods of time.

If you believe the car accident was the result of negligence from another party, the most prudent thing to do is talk to a seasoned car accident attorney. Initial consultations are always free. Friedman, Levy, Goldfarb & Green are experienced car accident lawyers in New York City. Please call us today at (212) 307-5800 to discuss your case.

Additional Resources:

  1. U.S. Centers for Disease Control and Prevention. Traumatic brain injury and concussion. https://www.cdc.gov/traumaticbraininjury/index.html.
  2. U.S. Centers for Disease Control and Prevention. Vital Signs. Motor Vehicle Crash Deaths. https://www.cdc.gov/vitalsigns/motor-vehicle-safety/index.html.

Jackknife Accident Causes, Risks and Legal Recourse

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

Truck and highway at sunset - transportation background

According to national statistics, roughly one out of every ten road traffic fatalities on U.S. highways involves a semi-truck or 18-wheeler. A collision with any type of large commercial vehicle is terrifying, but few crashes are as deadly as a jackknife accident. Jackknifing occurs when the trailer section of the semi swings out to the side, coming to a 90-degree angle with the powered wheels of the cab. You can think of it as a folding pocket knife or a capital L, with the trailer section the longer side.

When a tractor trailer jackknifes, the truck folds in on itself, causing the driver to lose total control of the vehicle. This sort of truck accident is more prone to happen on the freeway, where high speeds are the norm. Depending on how fast the rig is moving when it jackknifes, it could be at risk of rolling over, creating a major hazard for oncoming drivers.  If the semi is hauling hazardous cargo or flammable materials, there is also a risk of catching fire and explosions.

Injured in a truck accident? Tap to call for a FREE consultation!

Common causes of jackknife accidents

Inclement weather and excessive speed are common factors in 18-wheeler jackknife accidents. When a truck driver slams on the brakes to avoid road debris or hitting another car, the brakes can lock up, causing friction loss between the tires and the asphalt. As a result, the wheels slide outward quickly, pushed by the momentum of the trailer.

Other factors that can increase risk of a jackknifing accident include:

  • Overloading or improper loading of a truck’s trailer
  • Negligent maintenance on the truck’s braking system
  • Driver fatigue
  • A defective part or assembly
  • Sudden evasive maneuvers
  • Truck driver inexperience
  • Driver error or negligence
  • Rain, ice and slippery road conditions
  • Steep inclines and curvy roads
  • Road debris

How drivers can prevent jackknifing crashes

Commercial truck drivers, like operators of any motor vehicle, have a duty to drive safely and adhere to traffic rules. Drivers can decrease the likelihood of a jackknife accident by:

  • Adhering to posted speed limits
  • Applying their brakes as soon as possible and braking intermittently over a longer distance to avoid skidding
  • Maintaining a safe following distance behind other vehicles
  • Avoiding sharp, evasive maneuvers by staying alert to road conditions and surroundings
  • Ensuring truck cargo is loaded evenly and is compliant with weight standards
  • Slowing down according to weather and road conditions, especially with rain, ice or snow

Talk with an experienced truck accident attorney for free!

Who is liable in a jackknife accident?

Establishing liability in a truck accident resulting in serious injury or death is best left to an experienced attorney. Through extensive investigations, culpable parties can be identified, be it the driver, the trucking company or the manufacturer of a defective part or piece of equipment that failed.

Trucking companies must comply with strict federal regulations in the hiring, training and supervision of their drivers, not to mention the maintenance of their 18-wheelers. They must keep detailed documentation on the maintenance of their fleet, the number of hours driven by each driver and the repairs performed.

If evidence of negligence is found, victims are entitled to sue for monetary damages.

NYC truck accident lawyers

The law firm of Friedman, Levy, Goldfarb & Green has decades of experience litigating commercial vehicle accidents in New York. Our attorneys conduct extensive investigations, collect testimony from eyewitnesses, and secure the vehicle’s on-board recorder, which holds key information concerning the truck’s speed and braking just before the accident. If you or loved one was injured in a jackknife crash, we can help protect your rights.

To schedule your free case evaluation with a skilled truck accident lawyer, please call 212-307-5800.

Additional Resources:

  1. FMCSA, Large Truck and Bus Crash Facts 2016 https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2016
  2. Insurance Institute for Highway Safety, Large trucks https://www.iihs.org/topics/fatality-statistics/detail/large-trucks

How Much Is a Wrongful Death Lawsuit Worth?

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

Symbol of law and justice in the empty courtroom, law and justice concept.

In the wake of a loved one’s death, grieving family members are left to pick up the pieces. If the death stems from the negligence of another party, they may be wondering whether they should file a wrongful death lawsuit.

What Is Wrongful Death?

“Wrongful death” is a specific type of case in which the death or injury eventually leading to the death is caused by negligent actions of another. In other words, the death should not have happened, but was caused by an accident, disregard of laws and regulations, or error.

Have You Been Injured? Click to call for a FREE consultation!

Multiple types of accidents can be wrongful death. A car accident in which the other driver or faulty manufacturing is at fault may be a candidate for wrongful death. A medical error can result in wrongful death. The failure of a construction company to provide adequate safety equipment for their crew, if a crew member is injured in a way that leads to death, can be wrongful death. These are just some representative examples, though; the best way to determine if a case constitutes wrongful death is to consult an attorney specializing in wrongful death cases.

Factors in Determining a Wrongful Death Lawsuit Claim

It’s natural for people left behind by a loved one’s death to wonder what a wrongful death suit may be worth. Many families struggle financially in the wake of a loved one’s death, especially if the deceased has been the primary provider for the family. These struggles are an additional burden those dealing with a great emotional loss must face.

Because of the multiple causes and circumstances in wrongful death cases, the amount courts award in wrongful death cases varies substantially. It can be helpful to know, however, what damages can be compensated under New York wrongful death law.

Wrongful Death Compensation Amounts in NY

In New York, surviving members of a family can be compensated for the loss of financial support the deceased contributed. Typically, a court will factor in the deceased’s earnings, age, life expectancy, and education, among other elements, in determining the award.

However, potential wrongful death damages are far from limited to this. Child may be able to receive damages due to the loss of a parent’s guidance, instruction, and nurture. Medical expenses related to the injury that caused the wrongful death may be compensated. Funeral costs may be, as well.

There are also emotional considerations in any wrongful death suit. If the loved one experienced pain and suffering, or was aware of their impending death, those experiences could be grounds for damages. So can any loss of enjoyment of life the loved one suffered prior to death.

Some states allow suits to recover damages for pain and suffering experienced by survivors. New York state law, however, does not allow this.

Finally, New York has a contributory negligence law. “Contributory negligence” means that the deceased may have contributed in some way to the accident or condition that caused death. Awards may be reduced by the percentage the court decides contributory negligence was a factor.

Talk with an experienced personal injury attorney for a free consultation!

Experienced Wrongful Death Attorneys in New York

If your loved one died as a result of another party’s negligence, the best course of action to consult an experienced wrongful death lawyer in NYC at Friedman, Levy, Goldfarb & Green. Initial consultations are always free.  Please call us today to discuss your case.

Additional Resources:

  1. Insurance Journal, Family of Slain University of Virginia Student Refiles $30M Wrongful Death Lawsuit, https://www.insurancejournal.com/news/east/2018/12/05/511073.htm
  2. Annuity.org, Wrongful Death Claims and Settlements, https://www.annuity.org/structured-settlements/wrongful-death-claims/

What Is Excessive Police Force During Arrest?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Civil Rights

police car lightsPolice officers in New York City occasionally need to use reasonable force to protect themselves and the public. Where problems arise is when that force is not reasonable, but is instead excessive. Excessive force amounts to police brutality, and is not just a civil liability issue but also a violation of constitutional rights. So when is use of force by the police excessive?

Reasonable v. excessive force

Reasonable force by police is that which is necessary to apprehend and arrest a suspect. Once the force goes beyond that, it is potentially excessive.

Whether out of anger, frustration, or some other reason, police sometimes step well outside the bounds of necessary force and commit acts such as:

  • Beating a suspect after he has been handcuffed
  • Using impermissible means of restraint like choke-holds
  • Using pepper spray as a punishment rather than a form of self-defense
  • Hitting or kicking the suspect’s face
  • Shooting an unarmed suspect

Whether an officer’s use of force was excessive is a very fact-specific determination.

Factors in determining whether police force was excessive

Some of the factors courts will look at in determining whether the police used more force than necessary include:

  • The severity of the alleged crime
  • Whether the suspect resisted arrest or attempted to flee
  • Whether the suspect was considered dangerous

Cops are required to act reasonably based on what they know at the time of the arrest, so the factors are aimed at determining what would be reasonable. For someone who has been arrested, a New York police brutality lawyer can help determine whether a situation constituted excessive force.

What is the recourse for police excessive force?

Civil lawsuits against the officers, their superiors, or the police department are used to hold them accountable. Legal claims may include assault and battery, negligence, and civil rights violations.

There have been several high-profile cases in which victims of police brutality have recovered multi-million dollar awards after police exceeded their authority and caused physical harm. Most recently, in late October 2018, a man from Long Island City, Rudy Collins, filed an excessive force lawsuit against the NYPD over an incident that occurred in 2017. Collins, a 25-year-old youth basketball coach stopped for coffee on his way to game when he was stopped by NY officers who questioned where he was going, where he was coming from, and refusing to explain why they were questioning him. Collins alleges that despite his cooperation, the officers beat him, handcuffed him, and even twisted his genitals before detaining him for several hours without explanation.

How an NYC police brutality lawyer can help

Victims of excessive police force can face a number of unpleasant experiences, from physical trauma to emotional pain, fear, and embarrassment. The New York City police brutality attorneys at Friedman, Levy, Goldfarb & Green understand the effects that this kind of mistreatment can leave behind and are here to help fight for just compensation. Call today to schedule a confidential consultation.

Additional NYC police excessive force resources:

  1. ABC7NY, Exclusive: Queens man files lawsuit, accuses NYPD of excessive force, https://abc7ny.com/video-queens-man-accuses-nypd-of-excessive-force/4591093/
  2. gov, Police Officer Misconduct, https://portal.311.nyc.gov/

5 Ways to Keep Your Teenagers Safe Behind the Wheel

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

teenage girl driver with car keysAccording to statistics from the National Safety Council, half of all adolescents will be involved in a car accident before they finish high school. Getting a driver’s license is a rite a passage for teenagers, but just because they are legally able to get behind the wheel doesn’t mean they are safe drivers. Good driving skills take time, practice and patience to build, but beyond setting a good example, what can you do to keep your kids safe on the road?

The following are steps parents can take to help instill safe driving habits in their teenagers.

Practice, practice and more practice

You can guide your teen to becoming a safer driver by letting him or her practice under your supervision. Aim to spend at least a few hours each week on different types of roads under different traffic conditions. Use this time to teach your teen the essentials of defensive driving. This includes maintaining a safe distance from the vehicle in front, adjusting driving behavior according to weather conditions and remaining aware of surroundings for the unexpected.

Put the brakes on speeding

An estimated 31 percent of all traffic fatalities involve speeding, and per mile driven, teenagers are nearly three times more likely than adults to be involved in a fatal motor vehicle accident. Emphasize the dire consequences of excess speed when behind the wheel, explaining that arriving a few minutes early isn’t worth the risk of one’s life.

No cell phone use and no texting

Most teens are glued to their smart phones, and if yours is a voracious texter and talker, it’s time to lay down the law or revoke driving privileges. Texting is one of the most dangerous types of distracted driving, and according to a survey published in the Journal of Adolescent Health, a whopping 40 percent of American teenagers admit to texting while driving. Studies have suggested that texting and driving is almost equally as hazardous as drunk driving. Ensure your teen knows that cell phones should only be used when the car is safely stopped in a parking lot.

Monitor performance with driving apps

Your teen may promise to be a distraction-free driver, but if you have doubts there are several apps that track what they do and don’t do while behind the wheel. Some apps monitor acceleration, speed and braking, while others automatically mute text messages and calls until the destination has been reached.

Sign a teen driving contract

Create a driving contract that details baseline rules in addition to penalties for violating those rules and have your teenager sign the contract at the very start. There are several variations of these available for download on the Internet, which cover basics like always wearing a seat belt, never using a cell phone while driving, or driving while under the influence of drugs or alcohol.

Car accident representation in New York and Long Island

If your teenager or a loved one is involved in a crash, an experienced car accident attorney can be an invaluable resource. Friedman, Levy, Goldfarb, Green & Bagley can help accident victims understand their rights and secure the money damages to which they are entitled. Contact us today to schedule a free case review with car accident lawyers New York and Long Island residents have come to trust.

Additional Resources:

  1. Journal of Adolescent Health, Texting/Emailing While Driving Among High School Students in 35 States https://www.jahonline.org/article/S1054-139X(18)30250-7/fulltext
  2. Healthy Children, Behind the Wheel: How to Help Your Teen Become a Safe Driver https://www.healthychildren.org/English/ages-stages/teen/safety/Pages/Behind-the-Wheel-Helping-Teens-Become-Safe-Drivers.aspx
  3. YourTeenMag, Keeping Your Teen Drivers Safe Behind The Wheel https://yourteenmag.com/teenager-school/teens-high-school/parents-teen-driving/tuesday-tips-better-teen-driver

How Much Is My Slip and Fall Case Worth?

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

gavel and money: personal injury settlementThe rules for premises liability accidents in New York State are well established. If you suffer an injury when you are lawfully on another person’s property, the property owner is liable if his or her negligence caused the injury. Negligence and liability can be established, for example, by showing that the owner was aware of a defect or dangerous condition on the property and did nothing about it. The more critical element of a slip and fall lawsuit is determining the monetary damages that are owed to the injured party.

The slip and fall accident attorneys at Manhattan’s Friedman, Levy, Goldfarb & Green rely on our many years of experience to recover the largest possible damages awards for our clients who are injured on another person’s property in Manhattan and throughout New York City and Long Island. We have negotiated with countless insurance companies to force them to consider all of the financial losses suffered by an injured party. When those insurance companies persist with unreasonable settlement offers, we take our client’s cases to trial to fight for the full amount of compensation that they are owed to help them recover from their injuries.

Common Financial Damages in a Slip and Fall Accident Case

Your slip and fall accident can lead to injuries and financial losses that go well beyond your immediate medical expenses.

Those losses might include:

  • Past, present, and future medical bills. You might need physical therapy or multiple surgeries to remediate injuries you suffered in your slip and fall accident, or your injuries might flare up after you thought you were recovered. Our experienced slip and fall accident attorneys have a thorough understanding of the entire scope and ramifications of slip and fall injuries and the future medical costs you are likely to incur.
  • Lost wages and earning power. If you are unable to work for an extended period of time because of your injuries, you can lose substantial amounts of regular income and be passed over for promotions and greater income opportunities.
  • Extra expenses. Your transportation expenses might go up as you shuttle back and forth to doctors and therapists. You might have higher medication and other costs that you would not have incurred but for your injuries. We factor all of these costs and expenses and more into your case.
  • Non-economic “pain and suffering” damages. New York State does not place a cap on these damages, but the State’s laws will reduce damages awards in proportion to an injured party’s own responsibility for the accident and injuries. The pain and suffering damages that you are entitled to will depend upon the specific facts of your case.
  • Other lost value. Beyond your immediate pain and suffering, your slip and fall injuries can interfere with your relationship with your spouse and family, and your social life and the physical activities you enjoy. This lost value should also factor in to the slip and fall accident compensation that you are entitled to.

Calculation of Slip and Fall Compensation in New York

Once premises liability is established, the calculation of your compensation for your slip and fall injuries will be a fact-specific exercise. You will improve your chances of receiving a larger damages award if you have objective proof of the relevant facts.

  • Your actual medical expenses are easily verified with bills from doctors and hospitals. Keep receipts for prescription medications and medical devices that you need to help you recover. Compensation for anticipated future medical expenses will be determined by your general health and the nature of your injuries. Damages for some types of injuries, such as broken bones, are easier to prove than for soft tissue injuries.
  • You should retain all of your pay stubs, employment records, and tax returns to show a pattern of the wages and wage increases that you received.
  • If possible, keep a diary of your interactions with your spouse, family, and friends. That diary may show how your social and physical life has been adversely affected by your slip and fall injuries. Carefully record your real-time observations of pain and discomfort that you nay be experiencing.
  • Pay close attention to how your life has changed from before you suffered your slip and fall accident. Your testimony regarding the reduction of your activities as a result of your injuries may be beneficial in proving your pain and suffering.

Friedman, Levy, Goldfarb, Green & Bagley, P.C.: Attorneys for Slip and Fall Accident Victims

The Manhattan-based lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. understand how your life can change in an instant when you suffer a slip and fall accident injury. For more than fifty years, we have helped slip and fall accident victims in Manhattan, Brooklyn, the Bronx, and Long Island to collect compensation that can help them to recover their lifestyles and abilities.

Please see our website for more information about premises liability, damages for slip and fall injuries and other information about our legal services, or call us to speak with one of our experienced slip and fall accident lawyers about how we can help you to recover damages for your injuries. Do not hesitate to contact us, as delays in beginning the process of recovering your damages may hurt your opportunity for a larger damages award.

Additional Resources:

  1. United HealthCare, Cost Estimator, https://www.uhc.com/understanding-health-insurance/understanding-health-insurance-costs/manage-your-health-care-costs
  2. wikihow.com: How to Calculate Bodily Injury Settlements. https://www.wikihow.com/Calculate-Bodily-Injury-Settlements

Top 3 Liability Issues in Slip and Fall Negligence Cases

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

Slip and fall injury report on a table.In New York State, property owners have an obligation to exercise a reasonable amount of care to maintain safe conditions on their property and to prevent injuries to persons who are expected to visit that property. This obligation is the starting point for determining a property owner’s liability and to compensate someone who is injured as a result of a slip and fall accident on the property. Although this obligation seems relatively straightforward, the resolution of a slip and fall accident case is rarely simple.

The personal injury attorneys at Manhattan’s Friedman, Levy, Goldfarb & Green have successfully represented individuals in slip and fall accident cases for more than fifty years. We have seen some form of the following three liability issues in almost every slip and fall negligence case we have worked on.

Was the Injured Party a Guest or a Trespasser on the Property?

Property owners make an implied promise to guests and other persons who are invited or expected to visit their premises that the owners have taken reasonable steps to assure that the property is safe. Those steps include clearing away snow or ice, fixing cracks in walkways, and removing debris that can cause a visitor to trip and suffer an injury. Persons who are trespassing on a property do not receive this implied promise. In determining whether a property owner is liable for a slip and fall injury, determining whether the injured person was an authorized or expected guest, or was a trespasser, will be a critical issue.

Was the Injured Party Partially Responsible for His or Her Slip and Fall Injuries?

New York State applies pure comparative negligence rules to apportion liability in slip and fall cases. The damages that a property owner or its insurer owe to an injured party will be reduced in direct proportion to the injured party’s own responsibility for the accident. If, for example, the injured party was intoxicated, or was paying more attention to a mobile phone than to the property’s terrain, that party might lose a portion of the total damages that he or she might otherwise have recovered in a slip and fall lawsuit.

Was the Property Owner Aware of the Unsafe Condition that Caused the Slip and Fall Accident?

Property owners are generally responsible for staying aware of the conditions of their premises to confirm that no unsafe conditions are present, but there are limits on those responsibilities. A property owner is charged with repairing or warning of dangerous conditions that can be reasonably foreseen, for example, but the owner has a lesser obligation with respect to unforeseeable dangers. In almost every slip and fall negligence case, the specific circumstances of the dangerous condition will be a critical element in assessing a property owner’s liability for an injured party’s damages.

Other Slip and Fall Accident Case Issues

Slip and fall accident cases are not limited to these three liability issues. Other matters for consideration include:

  • A slip and fall lawsuit case must be filed within three years of the incident that caused the injury to meet the deadline requirements of New York State’s statute of limitations.
  • If the property owner is a landlord that leased the premises to another party, the landlord will generally not be liable for a tenant’s or other person’s injuries that are caused by a property condition unless the landlord was aware of the unsafe condition or maintained some level of control over the property.
  • Property owners owe a special duty to children under “attractive nuisance” considerations.
  • Owners and visitors are charged with using the property in an appropriate manner at the time of the accident.

Contact the Experienced Slip and Fall Accident Lawyers at Friedman, Levy, Goldfarb & Green

If you have suffered injuries in a slip and fall accident in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, or Long Island, do not hesitate to call the experienced slip and fall accident attorneys at the law offices of Friedman, Levy, Goldfarb, Green & Bagley, P.C. We will analyze all of the liability issues that surround your accident and we will fight to get you the largest available damages award to compensate you for your injuries.

Additional Resources:

  1. FindLaw, New York Consolidated Laws, General Obligations Law – GOB § 9-103. No duty to keep premises safe for certain uses;  responsibility for acts of such users, https://codes.findlaw.com/ny/general-obligations-law/gob-sect-9-103.html
  2. NY State Bar Association, https://nysba.org/products/premises-liability-2019/