Experienced Albany And Saratoga Springs Slip-And-Fall Lawyers
Thousands of people are injured each year in this country from slip-and-fall accidents, resulting in serious personal injuries and sometimes, even death. Those injuries are often the result of someone else’s negligence.
Slip-and-fall accidents can lead to prolonged pain and suffering, lost wages and costly medical bills. If you or a loved one has been injured due to a dangerous condition on someone else’s property, the lawyers of Anderson, Moschetti & Taffany, PLLC, in Albany and Saratoga Springs, New York, can address your legal needs in a free case evaluation. Based in the capital district, the firm handles slip-and-fall accident cases throughout the region.
Don’t Suffer In Silence – Contact Our Skilled Slip-and-Fall Attorneys For A Free Consultation Today
We are standing by to assess your situation for free and tell you if you have a viable case. The firm has offices in Albany and Saratoga Springs and serves clients throughout the capital district. Call 518-328-4486 or email us now.
Why Do Slip-And-Fall Accidents Occur?
Property owners are responsible for keeping their premises in a reasonably safe condition. This is true for residential, public and commercial properties. When they fail to do so, they can be held accountable through a personal injury case called a premises liability claim.
Some examples of unsafe conditions include:
- Slippery walking surfaces resulting from unsalted or un-shoveled surfaces following a snowstorm
- Deteriorated walkways
- Poorly lit or unsafe stairways
- Missing or broken handrails
- Slippery floors
- Potholes that can cause trip-and-fall accidents
Unsafe property conditions can occur anywhere. Frequently, premises liability claims like these involve places such as:
- Commercial venues, such as supermarkets and malls
- Workplaces, including construction sites and industrial buildings
- Office buildings
- Entertainment premises such as restaurants, nightclubs and concert venues
- Medical and therapy facilities
These accidents can cause severe injuries that are costly and require prolonged recovery. You shouldn’t have to suffer the consequences of a slip-and-fall injury that was the result of a property owner’s carelessness. For these reasons, it’s important to consult with an attorney. Our lawyers will tell you if you have a case at no cost.
Steps To Take After A Slip-And-Fall
After a slip-and-fall accident, your health and well-being are always the priority. You should:
- Seek medical attention immediately and start keeping a record of your medical bills, reports from an ER doc or personal physician detailing your injuries, rehabilitation schedules or other treatment and diagnosis. Most importantly, make sure that you follow your doctor’s directions.
- Write down the details of what happened, where, when, what, why and how the accident occurred. Also, the weather conditions, temperature and what you wore, such as the shoes you wore.
- Take photos and/or videos of what happened, if you are able. Every small piece of evidence is valuable information to enable your slip-and-fall accident attorney to help you obtain the highest possible recovery on your behalf.
- Talk to witnesses and ask for their contact information, if possible. Your lawyer can take their statements. You may also be required to fill out an accident report if you are at a commercial venue.
The lawyers of Anderson, Moschetti & Taffany, PLLC, also recommend that you do not discuss your case with insurance representatives before talking with us. Also, you should not sign any document until you seek legal advice. Otherwise, you may end up giving up important rights or settling your case for far less than what you deserve.
Understanding The Process: How We Evaluate The Validity Of Your Slip-And-Fall Claim
When you contact Anderson, Moschetti & Taffany, PLLC, our initial step is to evaluate the validity of your slip-and-fall claim. This evaluation is critical and is done at no cost to you. Here is what we consider:
- The circumstances of the accident: We review the details of the incident – where, when and how it occurred.
- Property conditions: We examine whether unsafe conditions on the property contributed to your accident.
- Liability: We determine who is responsible for maintaining the property where the accident occurred.
Our experienced slip-and-fall accident attorneys understand New York law and will guide you through this evaluation process thoroughly.
Navigating Your Claim: Step-By-Step Guide And Timeline For Filing A Slip-And-Fall Case
Filing a slip-and-fall claim involves several steps:
- Free initial consultation: Contact us to discuss your case at no cost.
- Case evaluation: Our team investigates, reviews the evidence and determines if you have a viable claim.
- Filing the claim: If your case has merit, we will file a claim on your behalf.
- Discovery phase: Both parties investigate what the other knows about the claim. This includes exchanging documents and conducting depositions.
- Negotiation: We attempt to reach a settlement with the opposing party, which is typically an insurance company.
- Trial: If a settlement cannot be reached, your case may go to trial.
The timeline for these steps can vary but typically ranges from several months to a few years, depending on the complexity of the case and court schedules.
Compensation Explained: Types Available And Key Factors In Determining Your Slip-and-Fall Settlement
Types of compensation in slip-and-fall cases might include:
- Medical expenses: Costs for current and future medical treatment related to your injuries.
- Lost wages: Compensation for income lost due to time away from work.
- Pain and suffering: Compensation for physical pain and emotional distress.
Several factors influence the determination of compensation:
- The severity of your injuries: The more severe your injuries, the more they cost you in terms of lost wages and medical bills, which are two of the largest components of your compensation. More severe injuries might also result in a higher award for pain and suffering.
- Impact on quality of life: How the injuries affect your daily activities and long-term health.
- Evidence of negligence: Strong evidence that the property owner’s negligence caused the accident increases the likelihood of a favorable settlement.
Our slip-and-fall accident attorneys at Anderson, Moschetti & Taffany, PLLC, are committed to ensuring that all aspects of your injury are considered when seeking compensation.
Why Hire Anderson, Moschetti & Taffany, PLLC, After A Slip-And-Fall Accident?
With 100 years of combined experience, our slip-and-fall accident attorneys have handled thousands of slip-and-fall cases, many like yours. This means that they know New York’s slip-and-fall laws and how to handle the case right, from start to finish. They also understand that the impact of the injury on your life is unique to you. They will fight to get you the full compensation you deserve.
Injuries from slip-and-falls can have lasting injuries requiring ongoing treatment and permanent disability. The slip-and-fall accident attorneys at Anderson, Moschetti & Taffany, PLLC, will handle the legal process so you can focus on your recovery. Contact us today at 518-328-4486 or fill out our contact form to get started with a free consultation.
Comprehensive Investigation: Ensuring Your Slip-And-Fall Case Is Strong
Slip-and-fall accident claims demand meticulous investigation. Our team is dedicated to acting swiftly and effectively to gather and preserve critical evidence. Here’s how we approach your case:
- Evidence collection: We secure essential photos and security camera footage to document the hazardous property conditions.
- Witness identification: Our team identifies and interviews witnesses to obtain crucial statements that support your claim.
- Expert analysis: When necessary, we collaborate with professional engineers to analyze the scene. They can also provide expert testimony in court about how the condition contributed to your injuries.
With our extensive resources, skills and knowledge, we ensure a thorough investigation to safeguard your rights and strengthen your case.
Frequently Asked Questions About Slip-And-Fall Cases
Below are some common questions about slip-and-fall accidents. Remember that every case is different, so you should talk with one of our lawyers with questions you have regarding your specific situation.
What if an accident occurred on someone else’s private property?
Private property owners have a legal duty to keep their property safe. If you are injured on private property, you will most likely be able to get compensation from the homeowner. Homeowners’ insurance is often the source of compensation for these cases. However, it’s essential to prove that the negligence of the homeowner caused or contributed to the accident. Our attorneys will seek the necessary evidence to support a strong claim.
What kinds of injuries can result from a slip-and-fall accident?
Slip-and-fall or trip-and-fall injuries may cause serious injuries with sometimes long-term effects, including:
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- Concussions and other traumatic brain injuries
- Broken bones, including broken hips, arms and legs
- Back and neck injuries
- Sprains and strains
Getting prompt medical treatment after a slip-and-fall accident will help to ensure that you get the right diagnosis and treatment and provide a strong record of the evidence that can help you secure adequate compensation later on.
What do you have to prove to hold the property owner responsible for a slip-and-fall or trip-and-fall accident?
To hold a property owner accountable, the following must be proven:
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- The property owner caused or allowed to exist the dangerous condition that caused or contributed to your fall.
- The property owner knew or should have known (i.e., constructive notice), about the dangerous property condition and didn’t do anything about it.
Constructive notice relates to what a property owner “should have known.” It is not always black and white or easy to prove. This is what our experienced lawyers know best – being able to prove that the condition existed long enough that a reasonable person would have known about it.
How long do you have to file a personal injury claim in Albany?
The limit to file most personal injury cases is three years from the date of the injury in cases involving residential or commercial property owners. If the property owner is a municipality, a claim must be filed as soon as 90 days following the accident to preserve the right to proceed with a lawsuit. There are other deadlines as well, depending upon the specific entity being sued. The sooner you retain us, the sooner we can ensure that a claim is filed in a timely manner and get to work on your behalf.
Can you sue for pothole trip-and-fall injuries?
Potholes in parking lots and sidewalks are a serious safety hazard. It is easy for a customer or other visitor to lose their balance by stepping into a depression and falling to the ground. Pothole trip-and-falls can cause severe injuries and cost you thousands of dollars in medical bills.
Like any other dangerous trap, when a property owner fails to fill in a pothole or warn the public about it, and someone suffers a pothole trip-and-fall accident as a result, the owner is liable for that person’s injuries. Our attorneys can help you prove that your slip and fall was due to the owner’s negligence regarding potholes and the extent of your injuries so you can obtain maximum compensation.
Can you file a claim for a wintertime slip-and-fall injury?
Yes. All New York property owners have a legal duty to keep their premises reasonably safe for visitors and others. If they neglect their responsibility, icy conditions during the wintertime often cause life-changing injuries resulting from slip-and-fall accidents.
Thousands of people are injured in slip-and-fall accidents involving snow and ice each year. Many falls result in debilitating injuries and long recovery periods. What’s worse, Centers for Disease Control and Prevention (CDC) statistics show people 65 and older are especially vulnerable. The CDC reports death rates involving falls for older adults have increased by 30% since 2007. Slip-and-fall accidents cause roughly 95% of all hip fractures.
If you are one of them and someone else’s negligence caused your injuries, you have the right to seek compensation for pain and suffering, lost wages and medical costs. Under New York’s statute of limitations, you have up to three years from the date of an accident to file a personal injury claim for injuries caused by the negligence of others. This includes business owners, homeowners or anyone else who failed to clear snow and ice or promptly remove other hazards.
The three-year deadline also includes negotiating with the property owner’s insurance company to cover your losses. You should also know that if the negligence involves a municipality, such as a village, town or city, or the state of New York, a much shorter deadline will apply to file a claim, so follow up quickly to be sure it can be timely filed.
Many of these businesses may deny responsibility, and their insurance company may even try to blame you. Experienced slip-and-fall accident attorneys understand these tactics, and are well versed in New York laws regarding slip-and-fall accidents. Taking the right steps is crucial for getting the compensation you deserve when someone’s negligence puts your future at risk.
Slip-And-Fall Blog Posts
- Why slip-and-falls are serious business
- How are my medical bills paid after falling on an icy sidewalk at the mall?
- How can a lawyer help if I slip and fall in a parking lot?
Don’t Wait – Contact Our Slip-And-Fall Attorneys Today
The attorneys of Anderson, Moschetti & Taffany, PLLC, have successfully handled slip-and-fall claims for over four decades. They have obtained record-breaking multimillion-dollar settlements and awards for their clients. In fact, they often educate other attorneys through state and local bar association seminars.
If you’ve been injured in a trip-and-fall or slip-and-fall accident in the Albany or Saratoga Springs, New York, area call Anderson, Moschetti & Taffany, PLLC, at 518-328-4486 or contact us online for a free consultation.