New York Slip and Fall Brain Injury
Our experienced New York Slip and Fall Brain Injury Lawyer group at Stephen Bilkis & Associates, PLLC have learned that many people suffer from severe injury resulting from a slip and fall incident. A slip and fall accident occurs when an individual slips in a foreign or unobserved substance on the ground and as a result, falls. Property and business owners are legally responsible for the maintenance of their property and keeping it in a harmless condition. When an individual is injured due to a property owner’s negligence, he or she may be able to file a slip and fall accident claim.
If you are suffering from an injury due to a slip and fall accident, contact our New York Slip and Fall Lawyer team to discover how we can help obtain compensation for your injury, lost wages, and medical expenses.
Sometimes a slip and fall injury can occur after an individual slips or trips due to unobserved hazards such as oil spills, accumulated ice or damaged flooring. Other causes of a slip and fall injury include flooring that has gaps in it, cracked sidewalk, slippery floor mats, or even change in floor texture. These incidents can occur at a shopping store, grocery store, public school, subway station, private home, or restaurant.
Often these accidents occur as a result of negligence. In order for a negligence claim to be present, there must be four elements present. The defendant must have owed a duty to the plaintiff. In the case of a slip and fall accident. If the plaintiff fell in a store for instance, the store owner had the duty to keep the premises reasonably safe for the general public. This duty must have been breached in some way, either by their action or inaction. The breach of this duty must have caused (or contributed to the injury), and the plaintiff suffered damages.
It is important to note that New York recognizes comparative negligence. Here, pursuant to New York Civil Code 1411, the plaintiff’s damage award will not be barred by their own liability, but reduced accordingly.
If the incident occurred at your workplace, our New York Brain Injury Lawyer team may be able to file a workers’ compensation claim on your behalf. Workers compensation is available to most all individuals who work in New York, pursuant to WCL Section 2. This program provides compensation to benefits to sick or injured employees through a fund that is paid into by New York employers. It is important to note however that in exchange for this program, an employee is unable to sue their employer for injuries suffered on the job. Unfortunately, it is not unusual for these claims to be denied. Common reasons for denial include:
- Being an independent contractor
- Not performing duties correctly
- Employer didn’t notify claims department promptly
- Injury was a preexisting condition
The severity of an injury from a slip and fall varies significantly. In some cases, a slip and fall can cause severe and permanent brain injury or possibly a spinal injury. This can happen when the individual falls and hits their head on the group or other object. A brain injury can be permanent and debilitating. In some cases, a person suffering from a brain injury can have permanent neurological deficit, physical impairment, loss of motor function and many other problems. Not only are these injuries physical devastating, but they can also devastate you and your family financially.
If you are suffering from a brain injury, skull injury or other personal injury due to a slip and fall accident, contact our experienced staff of New York Slip and Fall Brain Injury Accident Attorneys at Stephen Bilkis & Associates, PLLC to schedule a free consultation. It is important to call us as soon as possible, as there are strict legal time limits within which you can file your claim (NYCPLR 214). You may contact us online or at 800.696.9529. We have offices throughout the New York area in New York City, Manhattan, Staten Island, Bronx, Queens, Brooklyn and Westchester County and in the Long Island area in Nassau County or Suffolk County.