Trip and Fall Lawyer

At Arye, Lustig & Sassower, P.C., we understand the devastating impact a trip and fall accident can have on your life. As dedicated trip and fall lawyers serving New York City, we're committed to helping victims navigate the complex legal landscape and secure the compensation they deserve. Contact us today for a FREE consultation.

What Constitutes a Trip and Fall Accident?

A trip and fall accident typically occurs when an individual unexpectedly loses their balance and falls due to an encounter with a hazard or obstacle in their path. For an incident to be considered a trip and fall accident in legal terms, it generally needs to meet the following criteria:

• Presence of a Hazard: There must be an unexpected danger or obstacle present, such as uneven flooring or objects left in walkways. However, the mere presence of a hazard doesn't automatically make the property owner liable. The key factor is whether the owner knew or should have known about the hazard. If a hazard occurred suddenly and someone tripped immediately, the owner may not be liable. But if the hazard existed for a sufficient period that the owner should have discovered and remedied it through regular inspection and maintenance, they may be held responsible. This concept is known as "constructive notice" – even if the owner didn't actually know about the hazard, they may be liable if they should have known about it through reasonable care of the property.
• Loss of Balance: The hazard must cause the person to stumble, trip, or lose their footing.
• Resulting Fall: The loss of balance leads to a fall.
• Injury: The fall results in some form of injury to the person.

Compensation You May Be Entitled to After a Trip and Fall Accident Injury

As experienced trip and fall lawyers, we seek to ensure our clients receive full and fair compensation for their injuries. Here are the types of compensation you may be entitled to after a trip and fall accident:

• Medical Expenses: This category covers all medical costs related to your injury. It includes current medical bills for emergency room visits, hospital stays, surgeries, and medications. It also encompasses future medical costs for ongoing treatment, rehabilitation, or therapy. Additionally, it covers the costs of necessary medical equipment such as crutches, wheelchairs, or prosthetics.
• Lost Wages: You may be entitled to compensation for income lost due to time off work for recovery. If your injury affects your ability to work long-term, you may also be compensated for loss of future earning capacity.
• Pain and Suffering: This non-economic damage compensates you for the physical pain endured due to your injuries, as well as the emotional distress caused by the accident and its aftermath.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you previously enjoyed, you may be entitled to compensation for this loss of life enjoyment.
• Property Damage: You can seek reimbursement for any personal property damaged in the fall, such as eyeglasses, jewelry, or electronic devices.
• Home Modification Costs: If your injury requires changes to your home, such as installing wheelchair ramps or modifying bathrooms, these expenses can be included in your compensation claim.
• Transportation Costs: This covers expenses for travel to and from medical appointments, as well as costs of alternative transportation if you're unable to drive due to your injuries.
• Household Services: If your injuries prevent you from performing household tasks you previously managed, you may be compensated for the cost of hiring services for tasks like house cleaning or lawn care.
• Loss of Consortium: This type of compensation addresses the impact of your injuries on your relationship with your spouse, including loss of companionship or intimacy.
• Punitive Damages: In cases of extreme negligence, additional compensation may be awarded to punish the responsible party and deter similar behavior in the future. However, these damages are relatively rare and only awarded in specific circumstances.
• Wrongful Death: In the tragic event that a trip and fall accident results in a fatality, we provide compassionate representation to the deceased's family in seeking wrongful death compensation. This may include compensation for the deceased's conscious pain and suffering before death, medical expenses incurred before death, funeral and burial costs, loss of the deceased's expected earnings and benefits (such as pension and medical insurance), loss of inheritance, and compensation for the family's loss of companionship, emotional support, nurturing, and guidance provided by the deceased.

How a Trip and Fall Lawyer Can Help

We understand your challenges after a trip and fall accident. As your dedicated trip and fall lawyers, we're committed to guiding you through every step of the legal process and fighting for the compensation you deserve. Here's how we can assist you:

Thorough Investigation

When you choose us as your trip and fall attorneys, we immediately investigate your accident comprehensively. Our accident lawyer team will seek to:

• Visit the accident site to document the hazardous conditions
• Gather and preserve crucial evidence before it disappears
• Interview witnesses to corroborate your account of the incident
• Review surveillance footage if available
• Obtain maintenance and inspection records of the property

Our meticulous approach ensures we build the strongest possible case on your behalf.

Identifying Liable Parties

Determining who's responsible for your accident is a critical step in your case. As experienced trip and fall lawyers, we know that liability can sometimes extend beyond the obvious. We'll investigate all potentially responsible parties, which may include:

• Property owners
• Property management companies
• Maintenance contractors
• Government entities (in cases involving public property)

Our thorough analysis seeks to ensure that all liable parties are held accountable for their negligence.

Skillful Negotiations with Insurance Companies

Insurance companies often try to minimize payouts or deny claims altogether. As your trip and fall attorneys, we handle all communications with insurance adjusters, protecting you from their tactics and ensuring your rights are preserved. Our team seeks to:

• Present a compelling case backed by solid evidence
• Counter lowball offers with well-substantiated demands
• Leverage our extensive experience to anticipate and overcome common insurance strategies

With Arye, Lustig & Sassower, P.C. on your side, you can trust that we're fighting for the full compensation you deserve.

Comprehensive Damage Calculation

The true cost of a trip and fall accident often extends far beyond immediate medical bills. Our team conducts a thorough assessment of all your losses, including:

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation costs
• Necessary home modifications

We often work with medical professionals, economic experts, and life care planners to ensure every aspect of your damages is properly valued and accounted for.

Strong Courtroom Representation

While we strive to reach fair settlements through negotiation, we're always prepared to take your case to trial if necessary. As seasoned litigators, we endeavor to:

• Develop compelling legal strategies tailored to your specific case
• Present evidence persuasively to judges and juries
• Cross-examine witnesses effectively
• Counter the defense's arguments with skill and precision

Our reputation as formidable trial attorneys often motivates opposing parties to offer fair settlements, knowing we're fully prepared to go to court.

Navigating Complex Legal Procedures

Trip and fall cases involve intricate legal procedures and strict deadlines. At Arye, Lustig & Sassower, P.C., we endeavor handle all the legal complexities, including:

• Filing all necessary paperwork accurately and on time
• Ensuring compliance with all court procedures and rules
• Managing communications with all involved parties
• Keeping you informed about your case's progress every step of the way

Our attention to detail and procedural knowledge helps avoid potential pitfalls that could jeopardize your claim.

Personalized Support and Guidance

We understand that a trip and fall accident can be a traumatic experience. As your dedicated legal team, we provide more than just legal representation. We offer:

• Clear, honest communication about your case
• Responsive support to address your concerns and questions
• Guidance on medical treatment and documentation
• Assistance in connecting with support services if needed

Our goal is not just to win your case, but to support you through this challenging time and help you move forward.

At Arye, Lustig & Sassower, P.C., we believe that every client deserves personalized attention and vigorous representation. As your trip and fall lawyers, we leverage our decades of experience, legal acumen, and unwavering commitment to justice to fight for the best possible outcome in your case.

Common Injuries from a Trip and Fall Accident

At Arye, Lustig & Sassower, P.C., we've represented numerous clients who have suffered a wide range of injuries from trip and fall accidents. As experienced trip and fall lawyers, we understand that these incidents can result in serious, sometimes life-altering injuries. Here's a list of common injuries we often see in these cases:

• Fractures and Broken Bones: Often occur in wrists, hips, ankles, or arms when trying to break a fall or upon impact.
• Head Injuries: Range from mild concussions to severe traumatic brain injuries (TBI), potentially causing long-term cognitive issues.
• Spinal Cord Injuries: Can result in partial or complete paralysis, chronic pain, and impaired bodily functions.
• Soft Tissue Injuries: Include sprains, strains, and tears in muscles, ligaments, or tendons, particularly in ankles, knees, and wrists.
• Cuts and Lacerations: May range from minor scrapes to deep wounds requiring stitches, with potential for scarring or infection.
• Knee Injuries: Often involve torn meniscus, fractured patella, or ligament tears, frequently requiring surgery and extensive rehabilitation.
• Shoulder Injuries: Can include dislocations, rotator cuff tears, or shoulder impingement, often resulting from attempts to break the fall.
• Hip Fractures: Particularly dangerous in older adults, often requiring surgery and lengthy recovery periods.
• Back Injuries: May involve herniated discs, spinal fractures, or muscle strains, potentially leading to chronic pain and limited mobility.
• Elbow Injuries: Can include fractures, dislocations, or bursitis, often occurring when the arm is used to cushion the fall.
• Facial Injuries: May involve dental damage, eye injuries, or facial fractures, especially in forward falls.
• Psychological Trauma: Can manifest as anxiety about future falls, depression, or post-traumatic stress disorder (PTSD).

As your trip and fall attorneys, we emphasize the importance of seeking prompt medical attention after an accident, even if injuries aren't immediately apparent. Timely medical care ensures your well-being and provides crucial documentation for your legal case.

The Difference between Slip and Fall, and Trip and Fall Legal Cases

At Arye, Lustig & Sassower, P.C., we often encounter confusion about the distinction between slip and fall and trip and fall cases. While both fall under the broader category of premises liability law, understanding the differences is crucial for building a strong legal case. As your slip and fall lawyers, we're here to clarify these distinctions and explain how they might affect your claim.

Defining Slip and Fall vs. Trip and Fall

The primary difference between these two types of cases lies in the mechanism of the fall:

1. Slip and Fall: These accidents occur when a person loses traction with the ground, causing their feet to slide out from under them. The motion is typically backward or to the side.
2. Trip and Fall: In these incidents, a person's foot or lower leg encounters an obstacle, causing them to lose balance and fall forward.

Differences in Injuries

The type of fall often influences the resulting injuries:

Slip and Fall Injuries: Often result in injuries to the back, hips, or head due to the backward motion. Common injuries include:

• Back sprains or herniated discs
• Hip fractures (especially in older adults)
• Shoulder injuries from trying to break the fall
• Concussions or other head injuries

Trip and Fall Injuries: Typically lead to injuries to the knees, wrists, or face due to the forward motion. Common injuries include:

• Broken or sprained wrists from attempting to catch oneself
• Facial injuries, including dental damage
• Knee injuries, including torn ligaments
• Cuts and abrasions

Common Scenarios Leading to Trip and Fall Accidents

Here are some of the most frequent causes of trip and fall incidents we see in our practice:

Uneven Surfaces

Cracked sidewalks, potholes, and uneven pavement are major culprits in many trip and fall cases. These hazards can be particularly dangerous because they're often overlooked until it's too late. Property owners are typically responsible for maintaining walkways and promptly repairing any damage. If you've been injured due to an uneven surface, a trip and fall attorney can help determine if negligence played a role.

Obstructed Walkways

Unexpected objects in pathways pose significant risks. These might include:

• Merchandise displays in store aisles
• Construction materials left in public areas
• Misplaced furniture or equipment
• Fallen tree branches or debris

Obstructed walkways increase the likelihood of accidents. Property owners and managers should ensure that paths remain clear and free from unexpected obstacles.

Poor Lighting

Inadequate lighting can obscure potential hazards, making even minor obstacles dangerous. This is often an issue in:

• Parking lots and garages
• Stairwells
• Hallways in apartment buildings or hotels
• Outdoor paths and walkways

Proper illumination is crucial for safety, and failure to provide adequate lighting can be grounds for a trip and fall claim.

Loose or Torn Carpeting

Damaged flooring materials, particularly loose or torn carpeting, can easily catch a person's foot and cause a fall. This is commonly seen in:

• Office buildings
• Hotels
• Retail stores
• Residential complexes

Regular inspection and maintenance of floor coverings are essential to prevent these types of accidents.

Unmarked Changes in Elevation

Sudden, unexpected changes in floor level can catch people off guard and lead to serious falls. Examples include:

• Single steps in unexpected locations
• Slight slopes or ramps
• Transitions between different flooring materials

These hazards should be clearly marked with visual cues or warning signs to alert pedestrians.

Slippery Surfaces

Recently waxed or mopped floors without proper warning signs are a common cause of slip and fall accidents, which are closely related to trip and fall incidents. This is often seen in:

• Supermarkets
• Office buildings
• Shopping malls
• Hospitals

Property owners have a duty to warn visitors of slippery conditions and take steps to mitigate the risk.

Exposed Wiring or Cabling

Cables or wires stretched across walking areas pose a significant tripping hazard. This is particularly common in:

• Office environments
• Construction or renovation sites
• Event spaces during setup or breakdown

Proper cable management and clear warning signs are crucial to prevent these types of accidents.

Weather-Related Hazards

In colder climates, uncleared ice or snow can create extremely dangerous conditions. Property owners are generally responsible for:

• Clearing snow and ice from walkways
• Salting icy areas
• Providing warning signs for slippery conditions

Failure to address these weather-related hazards in a timely manner can lead to serious accidents and potential liability.

What To Do After A Slip And Trip And Fall Accident Injury

At Arye, Lustig & Sassower, P.C., we understand that the moments following a slip or trip and fall accident can be confusing and stressful. As experienced trip and fall lawyers, we recommend taking the following steps to protect your health and legal rights:

• Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation provides crucial documentation of your injuries.
• Report the Incident: Notify the property owner, manager, or appropriate authority about the accident. Ensure an official report is filed and request a copy for your records.
• Document the Scene: If possible, take photos or videos of the hazardous condition that caused your fall. Capture any relevant details like wet floors, uneven surfaces, or poor lighting.
• Collect Witness Information: Get their names and contact information if anyone saw your fall. Their testimony could be valuable for your case.
• Preserve Evidence: Keep the shoes and clothing you wore during the accident. Don't wash or repair them, as they may serve as important evidence.
• Record Your Account: As soon as you're able, write down everything you remember about the accident. Include details about the time, location, and circumstances of your fall.
• Avoid Giving Statements: Don't provide recorded statements to insurance companies or accept any settlement offers without consulting a trip and fall attorney first.
• Keep Records: Save all medical bills, receipts for expenses related to your injury, and documentation of missed work days.
• Follow Medical Advice: Attend all follow-up appointments and adhere to your doctor's treatment plan. This is crucial for your recovery and demonstrates the seriousness of your injuries.
• Be Cautious on Social Media: Avoid posting about your accident or injuries on social media platforms. Insurance companies may use your posts to dispute your personal injury claim.
• Contact a Trip and Fall Lawyer: Reach out to an experienced attorney immediately. At Arye, Lustig & Sassower, P.C., we can guide you through the legal process and help protect your rights.

Remember, your actions immediately after a slip or trip-and-fall accident can significantly impact your ability to recover compensation. As your dedicated trip-and-fall attorneys, we're here to provide guidance and support every step of the way.

Get Legal Help for Your Trip and Fall Case

Don't let a trip and fall accident derail your life. Our premises liability attorneys will seek to fight for the compensation you deserve. Contact us today for a free consultation and put our experienced trip and fall lawyers to work for you. Your recovery is our priority.

Trip and Fall Lawyer FAQs

At Arye, Lustig & Sassower, P.C., we understand you may have many questions about trip and fall cases. Here are answers to some frequently asked questions:

How long do I have to file a trip and fall lawsuit in New York?

In New York, the statute of limitations for most trip and fall cases is three years from the accident date. However, if the property owner is a government entity, you may have as little as 90 days to file a notice of claim. It's crucial to consult with a trip and fall lawyer as soon as possible to ensure you don't miss any deadlines.

What compensation can I recover in a trip and fall case?

As your trip and fall attorneys, we can help you seek compensation for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation costs

The exact amount depends on the specifics of your case.

How do I prove the property owner was at fault for my trip and fall accident?

To establish liability, we typically need to prove that:

1. A dangerous condition existed on the property
2. The owner knew or should have known about the hazard
3. The owner failed to address the issue or provide adequate warning
4. This negligence caused your injuries

As experienced personal injury lawyers, we gather evidence such as surveillance footage, witness statements, and maintenance records to build a strong case.

What if I'm partially at fault for my trip and fall accident?

New York generally follows a "comparative negligence" rule. This means you can still recover damages even if you're partially at fault, but your percentage of fault will reduce your compensation. For example, if you're found 20% at fault, you can still recover 80% of the damages.

How much does it cost to hire a trip and fall lawyer?

Our personal injury lawyers work on a contingency fee basis. This means you pay no upfront costs, and we only get paid if we win your case. Our fee is a percentage of the compensation we secure for you.

How long does a trip and fall case typically take to resolve?

The duration can vary greatly depending on the case's complexity and whether it settles or goes to trial. Some cases settle in a few months, while others may take several years. We strive to resolve cases as efficiently as possible while still fighting for the full compensation you deserve.

What should I do if an insurance company contacts me after my trip and fall accident?

We recommend not giving statements or accepting any settlement offers from insurance companies without consulting a trip and fall attorney. Insurance companies often try to minimize payouts, and anything you say could be used against you. Let us handle all communications with insurance companies on your behalf.

If you have any other questions about your trip and fall case, please contact us. At Arye, Lustig & Sassower, P.C., we're here to provide the answers and guidance you need.