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Premises Liability Lawyer in Long Island
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Slip and fall (also known as a trip and fall) is a negligence claim or injury claim against a property owner who allowed dangerous conditions to exist that caused the fall. Trip and fall accidents are among the most common personal injuries actions in New York State, and they are difficult cases to prove. If you have slipped or fallen because of someone else’s negligence, contact the Law Office of Gregory A. Goodman, P.C. for a free consultation so that we can assess the validity of your claim and provide you with legal analysis.
Injured in a slip and fall accident? You may be entitled to compensation. Call (800) 242-3740 now to schedule a free consultation with the Law Office of Gregory A. Goodman, P.C.
What Constitutes a Premises Liability Case?
Business owners and homeowners are required by law to make their properties reasonably safe. It would be difficult for someone to sue you because they lost their balance while being drunk. If they lost their balance because your rotting floor finally gave out, however, there may be a lawsuit there.
Other cases of premises liability claims could include:
- Dog bites
- Porch collapse
- Elevator defects
- Toxic fumes
- Lack of building security
Types of Slip & Falls
When injuries occur on someone else’s property, it is crucial that you work quickly to preserve vital evidence and preserve your rights, including protecting your right to bring a claim against a municipality or governmental agency.
There are countless hazardous conditions that we face every day which may cause one to trip/slip and fall.
These could include:
- Torn carpeting
- Changes in flooring
- Poor lighting
- Narrow stairs
- Improper railings
- Wet floors
- Deceptively slippery or icy surfaces
- Liquid spills
- Foreign objects in your path
- Damaged or cracked public sidewalks
- Conditions which would cause someone to fall down a flight of stairs
Trip/slip and falls may occur because of failure to maintain sidewalks and failure to remove ice, sleet, rain, snow or a hidden hazard, such as potholes.
Important Factors to Consider & Discuss
It is important to know what caused you to slip and fall. You will need to demonstrate that the defendant/property holder created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition. To constitute constructive notice, a defect must be visible, apparent, and in existence for a sufficient length of time prior to the accident. The defendant must have had time to discover and remedy it.
Whatever the cause for your personal injury, you have a right to file a claim against the property owner who neglects to meet specific codes and regulations of safety in both public and private locations. Because of the time constraints, especially if the claim is being filed against a school, town or city, it is important to consult an experienced attorney as soon as you have been injured.
If you have just been involved in an automobile accident—no matter how severe you think it is—there are several important things you keep in mind to preserve and protect your rights under the law.
Here are a few important steps and actions you should follow immediately following your accident:
- Seek immediate medical attention if injured. Be sure to document everything.
- Inform any and all healthcare providers of your injuries, complaints, medical history, and pain. Tell your doctors each and every area of pain, no matter how slight the pain is. Properly and honestly documenting your complaints can be the difference between successfully recovering on your case.
- Take photos of any and all injuries.
- Take photos of any vehicles involved in an accident.
- Take photos of your car—documentation is vital.
- Report to the police if they did not arrive.
- Get a copy of the police report.
- Review police report and make corrections with a police officer.
- Keep a detailed accounting of any expenses you have accrued as a result of your accident, including gas and mileage costs incurred from traveling to and from your doctor’s office for treatment related to injuries sustained from your automobile accident, lost time from work, unpaid bills, co-pays if applicable, etc.
- Immediately contact and report a claim to your insurance carrier A.S.A.P. (There are strict time requirements and documents you need to send to your insurance carrier. We can fully assist you with this process and handle most of these actions for you when retained)
- Complete and submit an application for a no-fault insurance claim (NF-2), which will enable you to receive medical treatment for the injuries you sustained in your automobile accident.
- Get an insurance claim number from your insurance carrier and the defendant’s carrier.
- Contact us immediately to discuss and preserve your rights. We will offer you a free consultation.
Along with what you should do, here are some important things not to do:
- Do not discuss or share any of the details of your accident or injuries with anyone except your attorneys.
- Do not post any details or photos regarding the details of your accident and injuries to Facebook, Twitter, or any other social media account. This information can be used against you and is often discoverable, which means you may have to share this information with the defendant should you pursue a lawsuit.
- Do not spare any details to your healthcare provider about the full extent of your injuries. Documenting the full details of your injuries and complaints can increase the chances of your success. Failure to document and failure to disclose honestly the details can result in decreasing your chances of recovery on your claim.
- Do not enter into an agreement with an insurance carrier without first consulting and retaining an experienced personal injury trial lawyer. Sometimes, when an insurance carrier knows they are liable, they may try to offer the victim money in an effort to save money. Their strategy is to get to you before you seek legal representation and before you know your legal rights.
Property owners are expected to keep their premises safe. If you injured yourself in a slip and fall accident, you need to prove that the owner likely knew about the dangerous area, failed to repair it, and failed to warn people about the dangerous condition. Photo evidence is crucial, as well as proof of the owner’s awareness of the defect and their failure to repair it. It also helps to have a Long Island personal injury lawyer on your side who can help you establish a strong case for compensation for your injuries.
The goal of no-fault insurance is to make sure all victims of an accident are cared for, regardless of who caused the accident. This means the insurance policy should cover medical costs and hospitalization fees, lost wages, and any funeral expenses incurred.
As a physician, can an insurance carrier withhold payment of my fee if I split fees with a billing agency?No. Splitting fees with a management company is not a crime. In 2015, an insurance carrier tried to withhold payment of a provider’s medical fees by claiming that their management agency—which collected 6% of their total costs—was not medical staff. This was an attempt to argue that the healthcare provider was committing fraud, but the court ruled against the insurance carrier.
Yes. If you want to be reimbursed for medical costs, you are required by law to appear. However, you do not have to appear alone. The Law Office of Gregory A. Goodman, P.C. can represent you during your EUO to help you avoid making any statements that would injure your ability to obtain full and fair compensation.