New York slip and Fall Attorney

While slip and fall accidents are often viewed as relatively minor incidents, they do have the potential to cause serious injuries. In fact, according to the New York State Department of Health, fall-related injuries are the leading cause of injury hospitalizations in the state among children 0-14 and adults 25 and older. It’s also the leading cause of unintentional injury deaths among adults 45 and older.

Slip and fall injuries don’t just have a physical impact on victims, either. They can also result in significant medical bills, lost wages, and other accident-related expenses. According to the New York State Department of Health, fall hospitalizations alone come with a yearly cost to New Yorkers of about $1.3 billion.

If you were injured on someone else’s property in a slip and fall, the property owner or other person or entity in control of the property may be responsible for your losses. This guide will help you gain a general understanding of your rights and how slip and fall claims work. However, every slip and fall presents unique issues. For the best chances of recovering full and fair compensation for your losses, you should consult a New York personal injury attorney.

Slip and fall accidents overview

As noted by the New York State Department of Health, falls often “occur in predictable patterns, with recognizable risk factors.” Common causes of slip and falls include hazards such as:

• Wet or slippery floors and stairs (due to spills, leaks, wax, etc.)
• Broken, cracked, or uneven flooring and walkways
• Loose, bulging, worn, or damaged carpets, rugs, or mats
• Ice or snow on walkways and parking lots
• Broken or insufficient lighting
• Broken railings and staircases
• Potholes or cracks in parking lots or garages
• Debris, trash, or other objects creating a hazard

However, merely falling on someone’s property does not necessarily mean the property owner is legally responsible for your injuries. To win a slip and fall case, you have to prove four “elements”:

1. The defendant owed a “duty of care” to you;
2. The defendant breached their duty of care;
3. That breach caused your injuries; and
4. As a result of your injuries, you experienced losses (or “damages”).

Generally, property owners have a duty to keep their property in a “reasonably safe condition” for those who are foreseeably on their property. Failing to do so is considered a breach of their duty of care. What qualifies as “reasonably safe” is determined on a case-by-case basis. An attorney can help you determine whether you have a viable slip and fall claim, and if so, gather the right evidence to build the strongest case possible. For more information about the elements of a slip and fall accident case, see Elements of a Slip and Fall Claim.

Falls on public transportation or government-owned property

Many slip and fall accidents occur on public transportation or government-owned property such as:

• Train or bus station platforms and stairs
• Government buildings
• Public parks and other public spaces

In these cases, it’s especially important to consult a lawyer promptly after the accident. This is because claims involving public transportation agencies or government entities have strict procedural requirements, including much shorter deadlines for filing claims. You’ll often have to file a notice of claim within 90 days of the accident, and the statute of limitations can be as little as one year.

By getting an attorney right away, you’ll be in a much better position to meet all deadlines and other legal requirements. If you miss a deadline, you may no longer be able to pursue a claim for compensation. This is true even if your case is otherwise strong.

Slip and falls while at work — workers’ compensation

If you were injured in a slip and fall at work, your injuries will likely be covered by workers’ compensation laws. This means that instead of pursuing a personal injury lawsuit, you’ll claim benefits under your employer’s workers’ compensation insurance.

Workers’ compensation is a no-fault system, which means you should get benefits regardless of who was at fault — whether you, your employer, or a coworker. In exchange for these benefits, you typically cannot sue your employer for compensation unless they engaged in intentional misconduct. Just like any other slip and fall accident, you should be sure to get medical attention promptly and report the injury as work-related. If you fail to report it and get medical attention, your chances of getting workers’ compensation benefits decrease greatly.

In addition, note that not all workers are covered under the workers’ compensation system. Workers’ compensation insurance only covers employees — not “independent contractors.” If you’re issued a W-2, it means the business has classified you as an employee. If you’re issued a 1099, the business has classified you as an independent contractor.

However, sometimes businesses misclassify employees as independent contractors, whether intentionally or unintentionally. An attorney can help you confirm your proper classification and pursue compensation from the appropriate source — either through workers’ compensation or from the property owner and/or their insurer.

An attorney can also be helpful even if you’re classified as an employee and know the process for filing a workers’ compensation claim. It’s not uncommon for insurers to resist paying out full benefits, especially if your injuries require extensive medical treatment or long periods off from work. With an attorney advocating on your behalf, you’re much more likely to get the compensation that’s rightfully yours.

If you’re worried about how your employer might react if you seek workers’ compensation, keep in mind that it’s against New York law for an employer to retaliate against an employee for claiming or attempting to claim workers’ compensation benefits. This means your employer may not fire you, demote you, treat you unfairly, or otherwise retaliate against you for pursuing workers’ compensation. If your employer does retaliate, you can file a complaint with the New York State Workers’ Compensation Board. If you experience any problems, you should keep detailed records of all incidents and consult an attorney.

Finally, even though you may be barred from suing your employer due to workers’ compensation laws, it may still be possible to file a claim against a third party. For example, if you tripped at work and fell as the result of defective flooring that was installed by a contractor, you could bring a lawsuit against that contractor because that entity is not your employer. An attorney will be able to investigate your accident and identify all the options available to you.

Common types of injuries

Slip and fall accidents can result in a wide range of injuries. Examples of common slip and fall injuries include:

• Broken or fractured bones (hip fractures are especially common among the elderly)
• Cuts and abrasions
• Strained, sprained, or torn tendons, ligaments, and muscles
• Back injuries, such as herniated, bulging, or ruptured discs
• Spinal cord injuries, including paralysis
• Head and traumatic brain injuries, such as skull fractures, concussions, and hemorrhaging
• Neck and shoulder injuries

While some of these injuries are minor and require little or no medical attention, many others can have a significant impact on your life, either temporarily or permanently. For example, you may need to undergo surgery, rehabilitation, physical therapy, or other prolonged medical treatment. Injuries may also interfere with your ability to work, perform daily tasks, or care for your family.

Calculating all of your economic and non-economic losses resulting from a slip and fall injury is not easy to do on your own. This is another reason why it’s important to engage an experienced attorney. Your attorney will work with the appropriate medical experts to determine the full extent of your losses and help you pursue the right amount of compensation.

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What to do if you’ve had a slip and fall accident

After a slip and fall, it’s common for victims to try to brush it off and quickly move on. But it’s important not to write off your fall as “not that serious” right away. Many falls result in injuries that don’t become obvious until later on. To preserve your chances of receiving compensation for your injuries, you should take the steps below as soon as possible.

Finding an Attorney for Your Case

Your chances of getting the best possible outcome in your slip and fall case increase significantly when you engage an experienced personal injury lawyer. Navigating the insurance and legal systems on your own is not easy. Even a small mistake could end up hurting your ability to get compensation. The insurance company will also likely try to take advantage of your inexperience dealing with claims and offer you much less than you actually deserve, or even deny your claim completely.

By having an attorney handle the process on your behalf, you’ll have someone experienced on your side to manage all communications and advocate for your best interests. In particular, your attorney will:

• help you understand your rights and options;
• investigate your case and identify all legally responsible parties;
• establish the potential value of your claim;
• handle all communications and negotiations with third parties, including the insurance company;
• gather evidence and interview witnesses;
• engage appropriate experts to support your case; and
• navigate complicated court procedures and legal requirements.

While trying to find and hire an attorney may seem like it’ll only add to your stress while you’re recovering, it’s critical to act quickly. If you wait too long, important evidence may be lost, and you also risk missing legal deadlines. By getting the help of an attorney immediately, you’ll be in a much better position to build the strongest possible case and meet all deadlines. You’ll also no longer have to deal with calls about the accident from the insurer or anyone else, as your attorney will handle everything on your behalf.

What to bring to a legal consultation

When meeting with a potential attorney, you should bring any evidence you have with you. This may include:

• medical records (bills, diagnoses, MRI/CT/test results, etc.)
• photos or videos of the accident scene and/or your injuries
• any contact information you have for the property owner, their insurer, and any witnesses
• the incident report, if there was one
• your own written account of what happened before, during, and after the accident
• any other relevant information or documents

All of this will help the lawyer better understand what happened. If they believe they can help you and you decide to work together, a more thorough investigation will be conducted on your behalf.

What to look for in an attorney

The quality of your attorney will affect the success of your case, so you should choose one carefully. Here are a few things to look for when hiring a slip and fall accident lawyer:

When choosing a lawyer, you should also be wary of any attorney who claims they can get you money fast. While getting compensation quickly sounds great, especially if you’re facing medical bills or you’re unable to work, this may not be in your best interest.

A lawyer who says they can resolve a case quickly isn’t necessarily a good lawyer. And a case taking several years, like many personal injury cases do, doesn’t mean that the attorney is bad. In fact, the best way to ensure maximum compensation is to thoroughly prepare and negotiate a case.

Unfortunately, there are many law firms who are more interested in quick payouts than getting maximum compensation. Instead of aggressively advocating on behalf of their clients, they quickly resolve cases for smaller amounts. The smaller amounts are acceptable to these law firms because they can make up the fees by taking on a larger volume of cases. But that only benefits them, and not you, as the client. If you come across a law firm that settles a lot of cases quickly, you should consider it a red flag.

Looking for the best slip and fall accident lawyer in New York?

At Rosenblum Law, we understand the pain and stress a slip and fall accident can cause in your life. We’ll thoroughly evaluate your situation and determine the best course of action for your particular circumstances. If we’re able to take on your case, we’ll guide you through the entire process and fight on your behalf for maximum compensation. We also have relationships with experts who we can bring on to support your case if needed.

In addition, if we’re not the right law firm for you, we provide guidance in selecting a law firm for your case. We have a large network with dozens of law firms that we have pre-screened to ensure that you will get the best law firm for your specific case.

For a free consultation, call us today at 888-235-9021 or contact us through our website at www.rosenblumlaw.com/contact. We’re passionate about helping all our clients get the compensation they’re owed — and we won’t take a fee unless we win a settlement or verdict for you.

Elements of a Slip and Fall Claim

As noted in Chapter 1, a slip and fall on someone else’s property does not necessarily mean that the property owner is legally responsible for your injuries. A successful slip and fall claim involves first identifying the proper defendants, then proving four elements: duty, breach, causation, and damages. Each of these elements are described in more detail below. Insurance companies also analyze these elements when evaluating a claim.

Building a strong slip and fall case is complex, and the appropriate strategy depends on the unique facts surrounding your accident. For the best chances of success, you should work with an experienced slip and fall attorney.

Identifying responsible parties

Property owners are often the defendants in a slip and fall case, as they are typically in the best position to keep the property free from dangerous or defective conditions. In New York, however, the responsible party may be the owner, or it may be the individual or entity with occupancy, control, or special use of the property. Identifying the responsible party or parties is not always straightforward.

In Turrisi v. Ponderosa, Inc., for example, a woman slipped and fell in a shopping center parking lot as she was leaving a Ponderosa restaurant. She sued both Ponderosa and the owner of the shopping center. Ponderosa filed a motion for summary judgment dismissing the case against it on the grounds that it did not own, occupy, or control the parking lot area where the plaintiff fell (all parties agreed that “special use” was not applicable). The motion was granted.

On appeal, the dismissal was upheld. The court noted that the lease between Ponderosa and the shopping center owner stated that the owner was responsible for maintaining all common areas of the shopping center, and Ponderosa merely had a right to use such areas. Although the exit area was constructed in accordance with Ponderosa’s specifications, the owner had plenty of time after it took possession and control of the area to discover and correct any defective conditions.

As the Turrisi case shows, it may take some investigation to identify the right defendants in your case. Other potential defendants may include:

• property managers or caretakers
• individuals or entities leasing the property from the owner
• repair companies
• maintenance companies
• landscaping companies

It’s even possible for different individuals or entities to be responsible for maintaining different parts of a property. Your attorney will help thoroughly investigate and identify all the responsible parties in your case.

Duty

After identifying the appropriate defendant, you then have to prove they owed a duty to you. In many states, the status of the injured person on the property (business invitee, licensee/social guest, or trespasser) determines the duty of care. In New York, however, a single standard applies: as stated in Basso v. Miller, a person or entity in control of a property has a duty to maintain such property “in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.”

Still, the status of the injured person on the property is a relevant factor in the analysis. For example, defendants often don’t have any duty to trespassers, as injuries to trespassers are usually not foreseeable. This is subject to the following exceptions:

Breach

Once you’ve established that the defendant owed a duty of care to you, you’ll have to prove that the defendant breached their duty of care by failing to take “reasonable care under the circumstances” (in other words, that they acted “negligently”). If the defendant acted negligently, they are legally responsible for any injury or harm that resulted.

In a slip and fall case, proving negligence generally involves showing that:

• a dangerous condition existed on the property;
• the defendant created the condition or knew or should have known about the dangerous condition; and
• the defendant failed to repair it, insufficiently repaired it, or failed to warn of the condition.

A defendant “should have known” about a defect if it’s visible and existed long enough for them to discover and fix it prior to the accident. This is called “constructive” notice. A court may also find that a property owner had constructive notice of a defective condition if they had actual knowledge that such condition was recurring, even if they weren’t aware of the specific reoccurrence that caused the plaintiff’s fall.

In Rivera v. 2160 Realty Co., LLC, for example, the plaintiff slipped and fell on trash left in the stairway of his building by other tenants who often partied in the stairwell. Although there was no evidence the defendant was aware of the specific items the plaintiff slipped on, the defendant was aware of the frequent partying and the recurring issue of trash and spills in the stairwell. The court held that this was sufficient to prove the defendant had constructive notice of the condition and therefore could be held liable for the fall.

Note that certain building code or regulatory violations may help you establish a breach of duty, but it’s not required. In many cases, a property owner can be found negligent even if they didn’t violate a law.

Causation

Proving negligent behavior is only the first part of winning a slip and fall case. You’ll also have to show that their negligence caused your injuries. In other words, you have to show that if it weren’t for the defendants’ actions (or failure to act), you wouldn’t have been injured.

While this may seem straightforward, some defendants may argue that even if they breached their duty to keep their property reasonably safe, your fall was caused by something else. Or they may argue that your injuries were actually pre-existing. This is why it’s important to get medical attention right away and get documentation of your injuries and treatment. You should also be careful not to sign any medical releases for the insurer or anyone else without consulting a lawyer. Medical releases allow third parties to get your medical records directly from your healthcare provider. If a medical release provides for unlimited access, the third party will be able to get your entire medical history. This will allow them to dig for information about previous conditions or injuries and use it against you.

Damages

The last element of a slip and fall claim is establishing the damages you suffered as a result of the defendant’s breach of duty. The compensation you seek may include economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering. New York also permits punitive damages. However, punitive damages are rare, as they’re intended to punish defendants for especially egregious conduct.

Your attorney will help you determine the amount of compensation to seek, then negotiate with the defendant and their insurer to reach a fair settlement. If your case goes to trial, the judge or jury will decide whether or not you’ve sufficiently proved that the defendants were responsible for your injuries, and, if so, the amount of damages. If certain legal requirements are not met during the process, the judge may dismiss the case.

Pursuing Compensation

If you have a viable slip and fall accident case, the first step towards getting compensation is usually filing a claim with the defendant’s insurance company and trying to negotiate a settlement. If that’s not possible, the next step is filing a personal injury lawsuit.

If a defendant doesn’t have insurance, you may be able to sue them directly. However, this may only make sense if the owner has sufficient assets that you could recover if you win. An attorney can explain your options and help you devise the best course of action for getting maximum compensation. Below is more information about what to expect when pursuing compensation in a slip and fall accident case.

Dealing with insurance companies

When interacting with insurance companies, keep in mind that their top priority is not to provide you with the compensation you deserve, but instead to protect their own financial interests. This means you cannot rely on them to explain your rights, give you advice, or offer an appropriate amount of money for your losses — no matter how friendly or sympathetic the insurance adjuster may seem.

As the insurer investigates your claim, they’ll be searching for information that they can use to reduce or deny your claim. Many adjusters deal with insurance claims on a daily basis, so they’re often skilled at getting information they can use against you. Without the right experience or knowing what to look out for, it’s easy to fall into a trap or accidently say something that could damage your claim. Insurers also often use high pressure tactics to try to get you to settle for far less than your claim is actually worth.

To help make sure you don’t make mistakes that harm your ability to get compensation, you should have your attorney handle all communications on your behalf. Your attorney will know what to look for and have the skills to properly negotiate a claim. You shouldn’t give details, sign any releases or other forms, or accept any offers until you’ve consulted your attorney. If the insurer refuses to provide an appropriate settlement, your lawyer can also file a lawsuit on your behalf.

Statute of limitations

The statute of limitations is a law that sets a deadline for filing a lawsuit. In New York, the deadline for filing a slip and fall accident lawsuit is generally three years from the accident. While three years may seem like plenty of time, it’s important to act quickly for a number of reasons.

First, some types of cases have much shorter deadlines. For example, if you’re suing a public transportation agency or government entity, you usually only have 90 days from the accident to file a notice of claim and may have as little as a year to file a lawsuit.

Second, the strongest evidence in a slip and fall case often disappears quickly after the accident. To get video and/or photo evidence of the dangerous condition that caused your fall, it’s critical to act fast. The sooner you act, the more likely you’ll be able to find and speak to witnesses that were present at the scene as well.

Third, identifying the proper defendant and negotiating with the defendant and their insurer can take much longer than you may think. The insurer may even intentionally draw out the process. The more time you have to prepare for a lawsuit, the better. By getting started promptly after your accident, you and your lawyer will have as much time as possible to build your case, negotiate a settlement, and, if necessary, file a lawsuit.

If you miss the deadline under the statute of limitations, you’ll no longer be able to seek compensation from the defendant unless a rare exception applies to your case. To make sure you meet all deadlines and build the strongest case possible, you should contact an attorney immediately. However, even if you think you’ve already missed a deadline, it’s worth speaking to a lawyer to confirm whether an exception applies to your case.

Valuing a slip and fall case

The amount of damages you can receive in a slip and fall case depends on the strength of your case as well as your particular injuries and their impact on your life — both now and in the future. This means that you’ll usually have to reach “maximum medical improvement” before you can properly value your case. In other words, you’ll have to recover completely, or as fully as you’re likely to. This will allow you to take into account all past and expected future medical treatment and any other ongoing consequences of your injuries.

An experienced slip and fall attorney, with the help of medical experts, will be able to calculate the appropriate amount to seek in your case. If your case goes to trial, the judge or jury will ultimately decide how much to award based on the evidence. Damages can fall into three categories:

Pursuing a claim against a friend or relative

Property owners have a duty to keep their property reasonably safe for all guests — including friends and relatives. If a friend or relative breached their duty of care to you while you were visiting their home, you may be understandably concerned about how suing them would affect your relationship. But injuries often come with medical bills, lost wages, and other expenses, and getting compensation for those losses is an important part of being able to move on with your life.

The good news is, in this scenario you likely wouldn’t have to sue your friend or family member directly. Instead, their homeowners insurance company would usually be on the hook for defending the claim and paying out your damages.

If your relative or friend doesn’t have insurance, recovering compensation does become a little more complicated. But either way, before you decide not to sue, it’s worth getting a free consultation with an attorney. Your attorney can advise you on all the factors to consider and help you identify the best path forward.

Evidence in a slip and fall accident case

When building a slip and fall case, you’ll generally need to gather evidence that shows:

• the existence of the dangerous condition that caused your fall;
• that the defendant created or knew or should have known about the dangerous condition; and
• the extent of your injuries and other losses as a result of the fall.

Such evidence may include:

• Photos and/or video of the property, including security camera footage
• Witness testimony
• Safety, maintenance, and inspection records
• Medical records documenting the extent of your injuries
• Proof of economic losses such as bills, lost wages, other accident-related expenses

Experts are another important part of a slip and fall case. If issues in your case involve special skill, training, or experience, you may need an expert to express an opinion. For example, medical expert testimony can help link your injuries to the fall and explain the impact of your injuries on your life. Or if your case involves a structural defect, you may need to engage a structural engineer to provide testimony about such defect.

When choosing a lawyer, you should look for someone who has access to highly qualified experts. The defendants will have their own experts testifying on their behalf, and having the right experts on your side can make a big difference in the outcome of your case. The more qualified the expert, the more likely the judge or jury will believe them at trial.

It’s also important to engage a lawyer right away. Valuable evidence can disappear quickly after an accident, and as more time passes, witnesses may forget key details. Your attorney will be able to help you collect the right evidence and build the strongest case possible.

Common defenses

When pursuing a slip and fall case, the defendant and their insurer will likely assert defenses that could help them reduce or avoid liability. Which defenses an owner will raise will depend on the circumstances surrounding your fall, but below are a few common defenses in slip and fall cases. Getting the help of an experienced slip and fall lawyer can go a long way in effectively countering these defenses.

The “comparative negligence” rule

In many slip and fall cases, the defendant or their insurer will argue that the plaintiff was at least partially responsible for their fall. This is because if more than one person or entity is responsible for an accident, in New York the comparative negligence rule applies. Under this rule, if you share fault in an accident, your damages will be reduced in proportion to your percentage of fault.

As an example, if you had $100,000 in damages, and you’re found 60% at fault, you would only recover $40,000, or 40% of the total damages. If you go through trial, the judge or jury will decide how to allocate fault. But even during settlement negotiations, insurance companies will use the comparative negligence rule when evaluating your case.

Examples of behavior that could potentially lead to a finding of shared fault include:

• Running, skipping, or jumping where such activities aren’t expected or appropriate
• Walking while distracted, such as texting or talking on the phone
• Failing to use available safety features, such as handrails
• Wearing inappropriate footwear under the circumstances

Assigning fault in an accident isn’t an exact science. So although you should be aware of the comparative negligence rule, you should not make any assumptions about how fault will be assigned in your case. Instead, consult an attorney as soon as possible. Your attorney will be able to analyze all available evidence with the help of experts and make sure fault is properly assigned.

“Open and obvious” conditions

Another common defense is that the dangerous condition was “open and obvious.” Whether a condition is “open and obvious” depends on the circumstances, but when a defendant asserts this defense, they’re arguing that you should have noticed the condition and understood the danger it presented.

In New York, property owners generally don’t have any legal obligation to warn people of open and obvious dangers. However, as stated in MacDonald v. Schenectady, even when a dangerous condition is open and obvious, a property owner may still be liable for failing to maintain their property in a reasonably safe condition.

In MacDonald, the plaintiff tripped on a crack in the sidewalk. The crack was readily observable, and the plaintiff had also encountered it many times prior to her fall. The lower court dismissed the complaint on the grounds that the defect was open and obvious, but on appeal, the dismissal was reversed. The Appellate Division court held that even if the defect was open and obvious and the defendants had no duty to warn, they still had a duty to maintain their property in a reasonably safe condition.

When determining the liability of the defendant, the open and obvious nature of the condition is taken into account in the overall analysis, including the foreseeability of the accident and whether the plaintiff shared fault in the accident.

Trivial defects

In New York, property owners are not liable for injuries caused by “trivial defects.” What is “trivial” is not specifically defined by law, and size itself is not the determining factor. Instead, triviality is determined in light of all the circumstances. If the defect is not objectively dangerous in light of all the circumstances, the defendant won’t be liable. The case may even be dismissed before going to trial.

In Trincere v. County of Suffolk, for example, the plaintiff tripped and fell on a cement slab that was elevated about half an inch. In that case, the New York Court of Appeals concluded that the lower court properly dismissed the plaintiff’s claim. In doing so, the New York Court of Appeals held that while there’s no “minimal dimension test” a defect must pass before a lawsuit can proceed, a claim may be properly dismissed after looking at all the facts and circumstances presented, including the “width, depth, elevation, irregularity and appearance of the defect” as well as the “time, place and circumstance” of the accident.

Insufficient notice

Winning a slip and fall case generally requires showing that the defendant knew or should have known about the dangerous condition that caused your fall. If the condition didn’t exist long enough for the defendant to have notice of the condition at the time you fell, they may avoid liability.

In Gordon v. Am. Museum of Natural History, for example, the plaintiff fell on the steps of the museum on a piece of white wax paper from a concession stand. There was no evidence that any of the defendant’s employees actually saw the paper, so they did not have actual notice of the dangerous condition. The plaintiff also didn’t describe the paper as dirty or worn, which would have indicated that it was on the steps for a while, so there was also no evidence of constructive notice. As a result, the complaint was dismissed. In reaching this decision, the court noted that the paper could have only been on the steps for seconds or minutes before the accident, and any other conclusion would only be speculation.

Procedural defenses

Other common defenses are procedural in nature. For example, the defendant may argue that the statute of limitations has lapsed, or in the case of a government entity, that you missed the deadline for filing a notice of claim. See “Statute of Limitations” above.

Another common defense is that you identified the wrong party as the defendant. Identifying the appropriate defendant is sometimes tricky. (See Elements of a Slip and Fall Claim — Identifying responsible parties.) If you sue the wrong party, you can refile a complaint against the right defendant so long as you still have time under the statute of limitations. In the case of government entities, this may present problems since the notice of claim period is relatively short. If you miss a deadline because you sued the wrong party, you may not be able to recover any compensation at all.

The litigation process

If you and your attorney decide to proceed with a personal injury lawsuit, below is an overview of what you can expect. While this may seem intimidating, your attorney will manage the entire process on your behalf and guide you every step of the way.

The amount of time it takes to go through the litigation process varies from case to case. It will depend on how complicated your case is, how busy the court is, and how willing the parties are to cooperate and negotiate. Many slip and fall cases settle at some point during the process, but if a case goes through a full trial, it can take several years to resolve.

Settlements and mediation

Throughout the entire legal process, your attorney will negotiate with the other side to try to resolve the case out of court. Resolving a case out of court is called a “settlement.” Both sides to a lawsuit usually prefer to settle, because it helps avoid the lengthy, expensive, and uncertain trial process. But defendants and their insurers also want to pay out as little as possible, and sometimes they may not offer a fair settlement. This is especially true early in the process, so it’s best not to rush settlement negotiations. In general, the faster you settle, the lower the settlement amount — sometimes for much less than your case is worth.

You should also never accept a settlement offer until you’ve consulted with an attorney. Once you accept a settlement, you give up your rights to pursue the claim any further. Your attorney will review all evidence and engage the right experts to confirm a fair value for your case. They’ll also conduct settlement negotiations on your behalf. If your attorney can’t reach a fair settlement, they should be prepared and willing to go to trial.

Note that a settlement may be reached through direct negotiations, or the parties may agree to mediation. Mediation is a proceeding where a neutral third-party, called the mediator, helps the plaintiff and defendant reach a settlement. Mediators are often retired judges, attorneys, or other court personnel.

There are no set rules for mediation. Instead, it’s usually guided by the mediator’s own style and method. The mediator will listen to both sides and make sure everyone gets a chance to tell their story and ask questions. The idea is that this process will help both sides come to an understanding and fair compromise. Of course, sometimes that isn’t possible. If you can’t reach a compromise through mediation, you can still proceed with your case in court.

Frequently Asked Questions

If you or a loved one has been injured in a slip and fall accident, you likely have a lot of questions about your case. Below are answers to some common questions we receive about slip and fall accidents in New York. But keep in mind that every case is different. If you’d like to discuss the specifics of your case, you should contact a New York slip and fall accident attorney.

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