Slip, Trip, and Fall Accident Attorneys Serving Buffalo and All of New York
The Buffalo slip and fall injury lawyers at Fromen Injury Law have helped accident victims in New York for more than 60 years. We are committed to helping our clients recover the maximum compensation they deserve for their physical, financial, and emotional losses. At Fromen Injury Law, we fight for you like family.
Property owners have an obligation to keep their premises safe for anyone who is on the property legally. If it can be proven that a property owner was negligent and knew—or should have known—about the dangerous condition that caused a slip and fall, you may be eligible for compensation.
If you were hurt in a slip and fall accident, contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. Our firm has recovered more than $300 million in verdicts and settlements on behalf of our clients and we may be able to help you. We welcome clients from Buffalo and across New York. We handle slip, trip, and fall cases on a contingency basis, which means you don’t pay unless we reach a favorable outcome in your case.
"*" indicates required fields
What Does a Slip and Fall Injury Lawyer Do?
The impact of a slip and fall injury can affect every aspect of your life. Whether you slipped and fell because of a wet floor, an unlit stairwell, or a cluttered walkway, you didn’t deserve your injury. If your injury impacts your well-being and/or your ability to earn a living, you deserve justice.
A slip and fall accident attorney can help you in a number of ways after a serious injury, including the following:
Explain Your Rights and Legal Options
At Fromen Injury Law, your legal journey will begin with a FREE case evaluation with one of our Buffalo slip and fall lawyers. During this initial consultation, an attorney will listen to your story and explain your rights and options.
Calculate Your Damages
In legal terms, “damages” refer to the compensation you seek from someone else as a result of harm or injury caused by their negligence. A slip and fall injury lawyer will evaluate every aspect of your injury—and the impact it had on your life—to determine the full extent of your losses. This includes economic damages, such as medical expenses, lost wages, and future medical care, and non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Conduct a Thorough Investigation
Your slip and fall injury lawyer will conduct a comprehensive investigation of the accident. This includes visiting the accident scene, taking photographs, and gathering all relevant information. There are many factors to consider, such as previous complaints about an existing hazard, signage, and other circumstances involved with the incident.
Preserve Evidence and Obtain Statements from Witnesses
Your attorney will collect physical evidence, such as surveillance footage, maintenance records, and accident reports. If you fell in a grocery store, for example, a lawyer will review video footage of the fall and the presence (or lack) of any relevant warning signs. Additionally, a lawyer will obtain statements from witnesses who saw the slip and fall or have relevant information. An attorney will also gather any pertinent medical records, police reports, and other evidence that may strengthen your case.
Determine Liability
Determining liability can be extremely complex, and often requires the assistance of an experienced slip and fall injury lawyer. Your attorney will analyze the facts in your case to identify the party or parties that may be held responsible for your injuries. This could include property owners, managers, maintenance companies, or other entities. Without the help of a knowledgeable lawyer, you risk not accurately determining the full value of your past, current, and future losses.
Deal with Insurance Companies
Insurance companies are in the business of making profits, not paying out claims. They do everything they can to delay, devalue, or deny accident claims. A slip and fall injury lawyer will handle all communications with insurance companies on your behalf. Your attorney will protect your rights and best interests, ensuring that you are not taken advantage of and that your claim is properly evaluated and processed.
Negotiate a Settlement
Many slip and fall cases are resolved through negotiations without going to court. Your lawyer will negotiate with the responsible parties and their insurers to reach a fair settlement. This involves presenting evidence, demonstrating the extent of your damages, and countering any lowball offers. The goal is to secure compensation that adequately covers your medical expenses, lost wages, pain and suffering, and other related costs.
File a Lawsuit if a Fair Settlement Cannot Be Negotiated
If your attorney cannot achieve a fair settlement through negotiations, he or she may recommend filing a lawsuit. Your lawyer will draft and file legal documents correctly and on time, represent you in court, and present your case to a judge or jury. The litigation process can be complicated, but having an experienced slip and fall injury lawyer by your side ensures that your case is effectively managed and argued.
How Do You Prove Negligence in a Slip and Fall Case?
Slip and fall accident claims can be difficult to prove and account for some of the most challenging cases lawyers handle. In order to achieve a successful outcome, slip and fall injury lawyers must prove the following:
- Duty of Care: First, your attorney must demonstrate that the property owner owed you a duty of care. This means that property owners have a duty to ensure the safety of those who are on the premises legally. Trespassers and intruders are not owed a duty of care because they are on properties illegally. If you are a guest at someone’s home, however, or walking legally along a sidewalk, shopping at a store, etc., you are owed a duty of care.
- Breach of Duty: Once an attorney has established a duty of care, he or she must then prove that the property owner, store manager, or other party failed in their duty to provide safe premises. Your lawyer may argue that the property owner should have been aware of hazards but did nothing to address the danger. Perhaps a store manager failed to make sure that signs were placed to warn patrons of a recently mopped, wet floor. Or maybe a landlord knew about a broken staircase but failed to fix it.
- Harm: Once a breach of duty has been proven, your attorney must show that the breach caused you harm. This typically involves demonstrating that your injury was the direct result of dangerous conditions.
- Losses: Finally, your slip and fall lawyer must prove that you sustained physical, financial, and/or emotional losses as a result of your injury. To do this, your attorney may provide evidence such as expert testimony, employment records, video footage, medical records, etc.
If you were hurt on someone’s property, you need an experienced attorney on your side who has the knowledge and skills needed to prove negligence. The Buffalo slip and fall injury lawyers at Fromen Injury Law have extensive experience handling these difficult cases. We know the tactics used by insurance companies and we know how to build a compelling case.
What Are the Most Common Causes of Slip, Trip, and Fall Injuries?
Slip and fall accidents happen for a number of reasons. These incidents can stem from numerous factors, including spills in grocery stores or faulty thresholds in doorways. Sadly, any fall has the potential to be fatal. Some of the most common causes of slip, trip, and fall accidents include:
- Wet or Slippery Surfaces: Wet surfaces (including freshly mopped or waxed floors), accumulated moisture, and ice are leading causes of slip and fall accidents, which are common in homes, businesses, and public areas.
- Uneven Pavements or Flooring: Uneven surfaces such as defective sidewalks, poorly constructed staircases, parking lot potholes, worn-out carpeting, and loose floorboards frequently cause falls.
- Cluttered Walkways: Cluttered floors, including objects left on the floor, unorganized workspaces, and debris in public walkways, create tripping hazards.
- Poor Lighting: Insufficient lighting, crucial in walkways, sidewalks, and staircases, often leads to accidents. OSHA mandates well-lit workplaces and public properties to improve visibility and prevent falls.
- Snow, Ice, and Rain: In Buffalo, weather, particularly snow and rain, can be a significant contributor to slip and fall accidents. Property owners are required to clear sidewalks, plow streets, and salt walkways to avoid liability for weather-related accidents.
- Staircases Without Handrails: Missing or broken handrails, especially in bathrooms, commonly cause falls on staircases.
- Transitions in Flooring: Sudden changes in flooring types, like moving from carpet to tile or between different floor levels, can cause trips or slips.
- Loose Mats or Rugs: Loose mats and rugs, such as unsecured floor mats at entrances and area rugs without proper backing, are common hazards.
Voices From Our Buffalo Community
Common Slip and Fall Injuries
Slip and fall accidents can result in a range of injuries, some of which are severe or even fatal. Common injuries include:
- Back & spinal cord injuries
- Neck injuries
- Head injuries
- Traumatic brain injuries (TBIs)
- Fractures (particularly hip fractures among older adults)
- Shoulder dislocation
- Knee injuries
- Torn tendons & ligaments
- Sprains
- Bruises & lacerations
Slip and fall injuries can have long-term implications on the victim’s health and quality of life. If you were hurt in a slip and fall injury, the Buffalo slip and fall lawyers at Fromen Injury Law want to hear your story. You may be entitled to compensation for your immediate and long-term losses.
What to Do After a Slip and Fall Accident
Slip and fall accidents can happen unexpectedly and often result in injuries that require medical attention and potential legal action. Knowing what steps to take immediately after such an accident can make a significant difference in protecting your health and your rights.
After a slip and fall accident, consider the following steps:
Identify and Record the Cause of Your Fall
The first thing you want to do after a slip and fall accident is to identify and record what caused you to trip or fall. Was it a wet floor, a loose rug, an uneven surface, or something else? Take detailed notes about the circumstances that caused the fall; this information will be essential for your claim.
Seek Immediate Medical Attention
Your health is paramount. Even if you feel fine at first, you could still be suffering from injuries that are not immediately apparent. It’s important to seek medical attention as soon as possible to make sure that any injuries are properly diagnosed and treated. Medical records also document your injuries, which can be vital for your case down the line.
Report the Accident
After ensuring your immediate safety and health, report the incident to the owner of the premises. If possible, make out a written report detailing the date and time of the accident, the exact location where you fell, and what you fell on. Include specific details about the dimensions and nature of the material or object that caused your fall. This report can serve as evidence if you decide to file a claim.
Document the Scene
If you are able, take photographs of the scene immediately after the accident. Capture the condition or object that caused your fall from multiple angles. These photos can provide compelling evidence to support your claim by showing the hazard that led to your accident.
Gather Witness Information
If there were any witnesses to your fall, it is important to obtain their names, phone numbers, and addresses. Witnesses can provide additional support and verification of your account of the fall, which can be incredibly valuable if you need to take legal action.
What Is the Statute of Limitations for Filing a Claim?
Generally, you have three years from the date of the accident in which to bring a lawsuit (see N.Y. CPLR 214). However, if the property is owned by a municipality, you must bring a Notice of Claim within ninety days of the accident or your claim may be denied.
If you lost a loved one in a fatal slip and fall accident, you only have two years from the date your loved one passed to bring a wrongful death claim (see N.Y. EPTL 5-4.1).
Potential Compensation for Slip and Fall Injuries
At Fromen Injury Law, the people we represent are more than clients, they’re like family. We know how deeply a serious injury can impact your life and those you love; we carry the burden of the legal process so you can focus on healing.
Depending on the details of your situation, you may be entitled to recover the following damages after a slip and fall injury:
Economic Damages
Economic damages involve the quantifiable financial burdens that may result from an injury, such as:
- Medical bills
- Future healthcare needs
- Lost wages
- Lost earning capacity
- Rehabilitation
- Counseling
- Physical therapy
- In-home care
- Modifications to residences or vehicles
Non-Economic Damages
Non-economic damages provide compensation for the less tangible losses, such as:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of consortium
- Loss of enjoyment of life
Wrongful Death Damages
If a slip and fall injury results in a loss of life, family members may be able to seek compensation for wrongful death. Damages may include:
- Funeral and burial costs
- Loss of financial support and services
- Loss of companionship and protection
- Loss of parental companionship, instruction and guidance
- Loss of earnings
- Loss of potential net accumulations of an estate
Punitive Damages
While very rare, punitive damages are sometimes awarded to punish the defendant for behavior that is particularly egregious, reckless, or malicious. To recover punitive damages, your slip, trip, and fall attorney must prove that the defendant acted with malice, wanton disregard, or recklessness that borders on criminal behavior. There is no cap on punitive damages in New York.
The Buffalo slip and fall injury lawyers at Fromen Injury Law never take a one-size-fits-all approach to handling cases. We are committed to holding wrongdoers accountable and recovering the full and fair compensation to which you may be entitled under the law.
Contact Our Buffalo Slip and Fall Injury Lawyers for FREE
If you were injured on someone’s dangerous property, the Buffalo slip and fall injury lawyers at Fromen Injury Law are here to help. We understand the hardships you may be facing and we are committed to helping you recover the compensation you deserve to move forward.
Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. We proudly serve clients from Buffalo and across New York.