Slip and Fall Lawyer Buffalo, NY
A slip and fall lawyer Buffalo, NY residents trust from Hurwitz, Whitcher & Molloy, LLP is prepared to help victims of those who were involved in a fall accident and need help. While some people may feel compelled to laugh when they see someone take a tumble, we don’t think it’s a joke at all. It’s not funny, and the body can sustain serious injuries that require medical care right away. Statistically, almost 9 million people who go into the emergency room are there because of slip, trip, and fall injuries.
These aren’t incidents to take lightly, and we can help you identify why the event happened in the first place. After your slip and fall lawyer Buffalo, NY clients rely on performs an investigation into the accident, he or she may conclude that the property manager, worker, manufacturer, or other entity was at least partially responsible for your injuries. The party may owe you compensation for medical bills and other losses you endured due to their mistake or negligence.
Table Of Content
- Common Causes of Slip and Fall Injuries
- Common Injuries From Slip and Fall Accident
- Who Is Liable For My Injuries
- What Compensations Can Be Received
- What To Do After A Slip and Fall Accident
- Contact Us Today
Common Causes of Slip and Fall Injuries
Slip and fall accidents are among the most common causes of injuries worldwide. These incidents can happen anywhere, from public places to private residences, and they often lead to serious injuries that can significantly impact a person’s life. As experienced Slip and Fall Lawyers in Buffalo, NY, at Hurwitz, Whitcher, & Molloy, we understand the complexities surrounding these cases. Here, we will explore the common causes of these accidents and how to seek legal assistance if you’ve been affected.
Wet and Uneven Surfaces
One of the leading causes of slip and fall accidents is wet and uneven surfaces. These conditions can be found in various settings:
- Spilled Liquids: In supermarkets, restaurants, or any public place where liquids are handled.
- Icy Walkways: Particularly during the winter months in places like Buffalo, NY.
- Uneven Sidewalks: Cracks and uneven pavement can pose a significant risk.
- Loose Floorboards or Mats: In both public spaces and private homes.
Inadequate Maintenance and Lighting
Inadequate maintenance and poor lighting are also major contributors to slip and fall accidents. These conditions can lead to hazardous situations:
- Poor Lighting: Dimly lit areas can make it difficult to see potential hazards.
- Lack of Proper Maintenance: Failure to repair known issues, like broken stairs or handrails.
- Cluttered Spaces: Obstructions in walkways can easily cause trips and falls.
Occupational Hazards
Workplaces, especially construction sites and industrial settings, are prone to slip and fall incidents due to:
- Spills and Debris: Common in manufacturing or food processing industries.
- Improper Use of Equipment: Using ladders or machinery without proper safety measures.
Footwear
Sometimes, the cause of a slip and fall accident can be as simple as inappropriate footwear. Shoes without sufficient traction or that are not suitable for specific conditions can increase the risk of falls.
Age-Related Factors
The elderly are particularly susceptible to slip and fall accidents, often due to:
- Mobility Issues: Balance and coordination problems can make falls more likely.
- Vision Impairments: Poor vision can prevent older adults from recognizing potential hazards.
If you or a loved one have been involved in a slip and fall accident, it’s important to seek legal assistance. As skilled Slip and Fall Lawyers in Buffalo, NY, we at Hurwitz, Whitcher, & Molloy are committed to helping victims understand their rights and pursue the compensation you deserve.
Common Injuries From Slip and Fall Accident
Slip and fall accidents are not just common; they can also lead to a range of serious injuries. At Hurwitz, Whitcher, & Molloy, as experienced Slip and Fall Lawyers in Buffalo, NY, we have witnessed firsthand the impact these injuries can have on the lives of individuals. Various types of injuries that can result from slip and fall accidents and emphasizes the importance of seeking legal assistance.
Head Injuries
Head injuries are among the most severe consequences of slip and fall accidents. They can range from mild concussions to traumatic brain injuries (TBI), with potential long-term effects:
- Concussions: Caused by a sudden blow to the head, leading to symptoms like headaches, dizziness, and memory issues.
- Traumatic Brain Injuries: More serious impacts can lead to TBIs, which may result in chronic headaches, cognitive problems, and even permanent disability.
Spinal Cord and Back Injuries
The impact of a fall can cause significant damage to the spinal cord and back, leading to various complications:
- Herniated Discs: The force of a fall can cause the discs in the spine to rupture or shift, leading to pain and mobility issues.
- Spinal Cord Injuries: In severe cases, a fall can damage the spinal cord, potentially causing paralysis or other permanent disabilities.
Fractures and Broken Bones
Bones can easily break during a slip and fall, particularly among the elderly and those with osteoporosis:
- Hip Fractures: Especially common in older adults, these can lead to long-term mobility issues and even require surgery.
- Wrist and Arm Fractures: People often try to catch themselves with their hands during a fall, leading to broken wrists or arms.
Soft Tissue Injuries
Soft tissue injuries might not be as immediately apparent as broken bones, but they can cause lasting pain and complications:
- Sprains and Strains: Injuries to muscles, ligaments, and tendons can result in significant pain and limited mobility.
- Bruises and Contusions: While they may seem minor, severe bruising can indicate deeper trauma.
Cuts and Abrasions
Falls can lead to various cuts and abrasions, which, although typically less serious, can be painful and require medical attention:
- Facial Injuries: Falls can cause cuts or scrapes on the face, sometimes requiring stitches or leading to scarring.
- Limb Injuries: Arms and legs are also susceptible to cuts and abrasions during a fall.
Hurwitz, Whitcher, & Molloy is dedicated to supporting victims of slip and fall accidents. We understand the physical, emotional, and financial burdens these injuries can impose, and we are here to help.
Understanding the common injuries from slip and fall accidents is essential for recognizing the seriousness of these incidents. If you find yourself a victim of such an accident, remember that you have legal options. Contact us at Hurwitz, Whitcher, & Molloy, for legal assistance and support.
Who Is Liable For My Injuries
When you’re injured, especially in a slip and fall accident, one of the first questions that comes to mind is, “Who is liable for my injuries?” As experienced Slip and Fall Lawyers in Buffalo, NY, at Hurwitz, Whitcher, & Molloy, we understand the importance of identifying who is responsible for your injuries. We will explore the different scenarios in which liability can be determined and how we can assist you in these situations.
Liability in personal injury cases is predominantly based on the legal concept of negligence. To successfully establish liability, several key elements must be proven. Understanding who is responsible or liable for injuries hinges on these critical factors:
Duty of Care
The concept of ‘duty of care’ is foundational in personal injury law. It refers to the responsibility one party has to avoid causing harm to another. In legal terms:
- Legal Obligation: The defendant must have a legal obligation to ensure the safety of the plaintiff. For instance, business owners have a duty of care to their customers, ensuring that their premises are safe.
- Reasonable Standards: This duty is based on what a reasonable person would do in similar circumstances. It’s about meeting a standard of care that is considered reasonable in society.
Breach of Duty
Once a duty of care is established, the next step is to demonstrate that there was a breach of this duty. This involves proving:
- Failure to Act: Showing that the defendant failed to take the necessary action to fulfill their duty. For example, if a supermarket manager ignores a spill on the floor, this could be considered a breach of duty.
- Violation of Standards: Proving that the defendant did not meet the standard of care expected. This could include not following safety regulations or ignoring known hazards.
Causation
Causation is about linking the breach of duty directly to the injuries sustained. It involves:
- Direct Cause: Establishing that the injury would not have occurred if not for the defendant’s breach of duty. For instance, if a person slips on an unmarked wet floor and breaks their leg, the causation is directly related to the breach of duty.
- Foreseeability: The injury must be a foreseeable result of the defendant’s actions or inaction.
Damages
The final component in establishing liability is proving the extent of the damages or harm suffered due to the breach of duty. This includes:
- Physical Injuries: Documentation of all physical injuries sustained.
- Financial Losses: Including medical bills, loss of earnings, and other related expenses.
- Non-Economic Damages: Such as pain and suffering or emotional distress.
Common Scenarios of Liability
Different environments often present unique liability scenarios:
In Commercial Settings
Business owners and commercial property managers have heightened responsibilities:
- Wet Floors: Businesses can be held liable if they fail to promptly address spills or provide adequate warning signs.
- Uneven Surfaces: Liability can be established if it is shown that a business was aware of, or should have been aware of, a hazardous walking surface but did nothing to rectify it.
On Public Property
Liability on public property often involves government entities:
- Public Parks and Walkways: If a local government fails to maintain safe conditions in public areas, they can be held liable for resulting injuries.
- Public Transportation: Accidents on government-operated transportation systems can lead to complex liability issues, often involving claims against public authorities.
At Private Residences
Homeowners must maintain a safe environment:
- Unsafe Conditions: Homeowners can be liable for accidents caused by hazards like icy paths or broken steps.
- Dog Bites: If a pet causes injury, the homeowner might be held responsible, depending on local laws and the circumstances of the incident.
In the Workplace
Employer liability covers a range of workplace safety issues:
- Workplace Accidents: Employers can be liable for injuries resulting from unsafe working conditions or inadequate training.
- Worker’s Compensation: Often, worker’s compensation laws provide the framework for resolving workplace injury claims, but specific circumstances might lead to additional legal action.
Establishing liability in personal injury cases requires a thorough understanding of these legal concepts. For those injured in such scenarios, at Hurwitz, Whitcher, & Molloy, liability is a crucial aspect of any personal injury case. If you’ve been injured and are seeking to determine who is responsible, do not hesitate to reach out to us. We are committed to helping you navigate the legal system and fight for the compensation you deserve.
What Compensations Can Be Received
When you’ve been injured, particularly in a slip and fall accident, understanding the types of compensation you can receive is crucial. At Hurwitz, Whitcher, & Molloy, we have extensive experience in helping clients understand and pursue the full range of compensations they are entitled to. We provide a detailed overview of the different types of compensation available in personal injury cases.
Types of Compensation in Personal Injury Cases
In personal injury law, compensation, often referred to as damages, is the monetary award given to an injured person. These compensations are categorized into several types:
Economic Damages
Economic damages are quantifiable monetary losses that the injured party has suffered. They include:
- Medical Expenses: This can cover everything from emergency room visits to ongoing therapy and rehabilitation costs.
- Lost Wages: Compensation for the income lost due to the inability to work following the injury.
- Loss of Earning Capacity: If the injury affects your ability to earn income in the future.
- Property Damage: If any personal property was damaged as a result of the accident.
Non-Economic Damages
Non-economic damages compensate for non-monetary aspects of the harm suffered. These are more subjective and include:
- Pain and Suffering: For the physical pain and emotional distress endured due to the injury.
- Loss of Enjoyment of Life: If the injury prevents you from enjoying daily activities and hobbies.
- Emotional Distress: For psychological impacts such as anxiety, depression, or trauma.
- Loss of Consortium: Compensation for the impact on the relationship with a spouse or partner.
Punitive Damages
In some cases, punitive damages may be awarded:
- Punitive Damages: These are not tied to the direct losses suffered but are intended to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Understanding Compensation in Slip and Fall Cases
As Slip and Fall Lawyers in Buffalo, NY, we at Hurwitz, Whitcher, & Molloy often see a range of compensations in slip and fall cases:
- Medical Treatment Costs: Often the most significant expense, covering emergency care, surgery, medication, and physical therapy.
- Lost Income and Benefits: Compensation for time off work, including lost opportunities such as promotions or bonuses.
- Long-Term Care: If the injury leads to long-term or permanent disabilities requiring ongoing care.
- Emotional and Psychological Suffering: The trauma associated with slip and fall accidents can be profound, and compensation is often sought for this distress.
We encourage you to contact us to discuss your case and explore the full range of compensations you may be eligible for. Remember, you don’t have to navigate this challenging time alone; we’re here to support and advocate for you.
What To Do After A Slip and Fall Accident
Experiencing a slip and fall accident can be both physically and emotionally distressing. Knowing the right steps to take immediately after such an incident is crucial. As experienced Slip and Fall Lawyers in Buffalo, NY, at Hurwitz, Whitcher, & Molloy, we understand the confusion and anxiety that can follow a slip and fall accident. We are here to guide you through the essential steps to protect your health and legal rights.
Immediate Steps Following a Slip and Fall Accident
The moments following a slip and fall incident are critical. Here’s what you should do:
Seek Medical Attention
- Safety First: Your health is the top priority. Even if you think you’re not seriously injured, some injuries may not be immediately apparent.
- Documentation: Medical records will be important if you decide to pursue a legal claim.
Report the Accident
- Notify the Property Owner or Manager: If the accident occurs in a store, office, or other public places, inform the person in charge.
- Accident Report: Ensure that an official report is filed, and ask for a copy for your records.
Document Everything
- Photographs: Take pictures of the exact location where you fell and any conditions that contributed to your accident.
- Witness Information: If anyone witnessed the incident, get their names and contact information.
Preserve Evidence
- Clothing and Shoes: Keep the shoes and clothing you were wearing during the incident in their post-accident condition.
- Keep Records: Hold onto any evidence related to the accident, including medical reports, receipts, and correspondence.
Following Up After the Accident
Once the immediate aftermath has been handled, there are further steps to ensure your rights are protected:
Track Your Injuries and Recovery
- Medical Follow-Up: Continue to seek medical care as needed for your injuries.
- Record Symptoms: Keep a detailed log of your symptoms and how they affect your daily life.
Be Wary of Early Settlement Offers
- Insurance Companies: Be cautious with insurance adjusters who may contact you for a statement or offer an early settlement.
- Legal Advice: Consult with an attorney before accepting any offers or signing any documents.
If you’ve been involved in a slip and fall accident, it’s important to take the right steps to protect your health and legal rights. At Hurwitz, Whitcher, & Molloy, we are committed to providing you with the professional guidance and representation you need.
Buffalo Slip And Fall Lawyer
If you have been injured in a slip and fall accident, contact a Buffalo slip and fall lawyer. You may be entitled to compensation. Here are some frequently asked questions and answers about slip and fall lawyers.
Q1: What Is A Slip And Fall Lawyer?
A Slip and Fall Lawyer is a legal professional who specializes in cases related to slip, trip, and fall accidents. These incidents often occur on another person’s property due to hazardous conditions, leading to injuries. Slip and fall lawyers are experts in premises liability law, helping individuals seek compensation for their injuries by establishing negligence on the part of the property owner or occupier.
Q2: When Should I Consider Hiring A Slip And Fall Lawyer?
You should consider hiring a Slip and Fall Lawyer if you have suffered injuries in an accident on someone else’s property. If the accident resulted from hazardous conditions that the property owner or occupier should have addressed, a slip and fall lawyer can help you navigate the legal process to seek compensation for medical expenses, lost wages, and other damages.
Q3: What Does A Slip And Fall Lawyer Do?
A Slip and Fall Lawyer undertakes various responsibilities, including investigating the circumstances of the accident, gathering evidence, interviewing witnesses, and establishing negligence on the part of the property owner. They guide clients through the legal process, file personal injury claims, negotiate with insurance companies, and, if necessary, represent clients in court to secure fair compensation.
Q4: How Can A Slip And Fall Lawyer Prove Negligence?
To prove negligence, a Buffalo slip and fall lawyer carefully examines the details surrounding the accident. This includes determining if the property owner knew or should have known about the hazardous conditions, assessing the duration of the hazard, and evaluating whether reasonable steps were taken to address the danger. Establishing these factors is crucial in building a strong case for negligence.
Q5: What Expenses Can A Slip And Fall Lawyer Help Me Recover?
A Slip and Fall Lawyer can help you recover various expenses related to the accident. This may include medical expenses, rehabilitation costs, lost wages due to time off work, and compensation for pain and suffering. The goal is to secure a fair settlement or verdict that adequately covers the financial and emotional toll of the slip and fall incident.
Q6: How Does The Fee Structure Work For Slip And Fall Lawyers?
Many Slip and Fall Lawyers work on a contingency fee basis. This means that they only collect fees if they successfully secure compensation for their clients. This arrangement allows individuals who have suffered injuries in slip and fall accidents to access legal representation without the need for upfront payments, making legal assistance more accessible.
Q7: What Is The Importance Of Effective Communication In Slip And Fall Cases?
Effective communication is crucial in slip and fall cases. Slip and Fall Lawyers liaise with insurance companies, opposing counsel, and other relevant parties to advocate for their clients. This may involve negotiating settlements or presenting a compelling case in court. Clear communication ensures that their clients’ rights are effectively represented throughout the legal process.
A Buffalo slip and fall lawyer is a legal professional specializing in premises liability cases, helping individuals navigate the legal complexities of slip, trip, and fall accidents to seek fair compensation for their injuries. At Hurwitz, Whitcher & Molloy, we want to help you get justice.
Contact Us Today
Experiencing a slip and fall accident can be a traumatic and life-altering event. We understand the physical, emotional, and financial toll it can take on individuals and their families. As your Slip and Fall Lawyers in Buffalo, NY, we are here to help you navigate the legal process and fight for the compensation you deserve.
Understanding the common causes of slip and fall injuries is crucial in preventing these accidents. However, when they do occur, having knowledgeable legal representation is essential. Contact Hurwitz, Whitcher, & Molloy today to learn how we can assist you in your slip and fall claim.