Do I Need a Lawyer for a Slip and Fall Injury in New York?

Howard Raphaelson
Partner, Attorney
man in bed recovering from a slip and fall injury in New York

It can happen to anyone, anywhere, anytime.

A slip-and-fall accident can cause more than just a stumble and a bruise — it can lead to serious injuries (like broken bones, a head injury, or even a traumatic brain injury) a whirlwind of physical pain, emotional turmoil, medical bills, and financial hardship.

If you've suffered serious injuries in a slip-and-fall accident in New York, you may be grappling with the question of what to do next. One of the first questions that come to mind after you’ve been hurt in a slip and fall is whether you should get a fall attorney.

In this article, we'll explore the benefits of hiring a personal injury attorney after a fall, discuss where to get the best legal advice, and help you make an informed decision.

If you’d like to discuss your legal options with an experienced New York City slip and fall lawyer at our firm, call 212-268-3222 or contact us online for a free case review.

Getting back on your feet: A personal injury lawyer's role in your recovery

A slip and fall injury can have a significant impact on your daily life. The legal process for an injured person can be confusing and overwhelming, especially when a property owner’s negligence caused the dangerous condition that led to the injury.

Do I need a lawyer for a slip and fall? Yes. Many people choose to work with a personal injury attorney after a slip and fall accident, or at least seek out legal advice with a free consultation.

From navigating the labyrinth of legal procedures to ensuring that you receive fair compensation, a personal injury lawyer can be the key to unlocking a successful outcome and maximum compensation.

An experienced legal team will let you focus on getting the medical attention you need to move forward with your life. They will handle all the paperwork, negotiate with insurance companies and adjusters, and represent you in court.

6 Reasons why you need a lawyer for a slip and fall injury in New York

1. Years of experience and expertise in fall cases

The first benefit of hiring a personal injury attorney to handle your fall claim is their wealth of experience in personal injury litigation, deep understanding of all aspects of premises liability cases, and extensive resources and network to investigate if, and how, the property owner breached their “duty of care” to keep you safe.

An experienced fall lawyer is well-versed in the intricacies of personal injury law, regulations, the statute of limitations, and procedures involved and has a comprehensive understanding of the types of damages that can be sought in a personal injury case, including economic losses like medical expenses and lost wages, to non-economic damages like pain and suffering.

2. Finding opportunities to maximize your compensation

New York’s personal injury law requires that a plaintiff (the injured person) in a slip and fall accident claim prove certain standards of care weren’t met before they can obtain compensation for their injuries.

These requirements are known as “Duty of Care,” and include:

  • Duty: The defendant (a grocery store, property owner, etc.) owed you a responsibility to take sensible steps to keep you safe from injury.
  • Breach of Duty: The defendant failed to satisfy their responsibility to you, meaning, they knew (or should have known) about a dangerous condition but failed to fix or warn guests about it.
  • Causation: The defendant’s violation of their duty directly caused you to slip and fall.
  • Damages: You suffered damages (like medical bills, lost wages, or diminished capacity) due to the accident.

A fall attorney will help you to identify and prove these elements of your case.

2. More effective negotiations with insurance companies to maximize your compensation

In New York, you can be denied compensation, or receive a reduced amount of compensation after a slip and fall accident because of comparative negligence. Insurance companies often have a team of lawyers well-versed in technical legal matters (like comparative negligence and nitty-gritty financial details).

Insurance companies, after all, are in the business of making profits, not paying out claims.

They may try to lowball you with a settlement offer, deny your claim outright, or try to argue that you wore the wrong shoes, ignored obvious risks, or somehow share the blame for the accident.

A personal injury attorney can be the bargaining chip you need to secure the maximum compensation. They may be able to uncover new evidence that could benefit your case and will negotiate with insurance companies, help gather and present evidence to support your claim, and overcome the adjuster’s attempt to shift blame.

LEARN MORE: Recent Slip, Trip & Fall Settlements & Verdicts

3. Award-winning representation in the courtroom

Sometimes, a jury trial is the only way to secure a fair settlement. A personal injury law firm can act as your representative in court, safeguarding your rights and protecting your interests. They can also assist in preparing for trial, presenting evidence, and arguing on your behalf.

A good personal injury lawyer, like our award-winning team, will have a strong reputation that brings bargaining power against insurance companies — they know we won’t settle for a penny less than you deserve.

They understand tactics used by insurance companies and can use this knowledge to their advantage. Furthermore, they are experienced in negotiating settlements and can often reach a much better outcome than if you attempted to do it yourself.

4. Access to the best expert witnesses & resources

In some personal injury claims, it may be necessary to call upon the services of an expert witness in various fields such as medicine, engineering, and occupational safety. 

An experienced accident lawyer has access to a wider range of experts who can provide a valuable testimony to strengthen your claim.

At Raphaelson & Levine, our law firm often has access to resources that can be invaluable in getting the best results for your case. In addition, our legal team is familiar with court proceedings and may even know the judges or opposing counsels which could help you achieve a successful outcome.

5. No-risk contingency fees save you time and money

In New York, personal injury lawyers work on a contingency fee basis, meaning you only pay them if you win your case, and their fee is a percentage of your award. 

This arrangement helps to ensure that victims and families are not saddled with hefty legal fees, regardless of the outcome of their case.

A fall lawyer will save you time by doing the research, investigation, negotiation, and paperwork necessary to make your case, allowing you to focus on healing and other important matters.

6. Personalized attention to your needs

When you hire a personal injury lawyer, they will provide personalized attention to your case. They will take the time to understand your version of events and help you to present it in the most effective way possible.

They will also ensure that no important evidence slips through the cracks, maximizing your chances for a successful outcome.

FAQs about slip & fall accidents in New York City

How much does a personal injury lawyer cost?

In New York City, personal injury lawyers work on a contingency fee basis, meaning you only pay them if you win your case. In that case, the lawyer's fee is a percentage of your award. If you don't win, you don't have to pay anything.

How long does it take to resolve a slip-and-fall case?

The length of time it takes to resolve a slip-and-fall case depends on various factors, such as the complexity of the case, the amount of evidence involved, and the availability of witnesses. On average, a slip-and-fall case can take anywhere from a few months to several years to resolve.

What evidence do I need to prove my fall injury?

The type of evidence you need to prove your fall accident case will depend on the specific circumstances of your case. Some common types of evidence include photos of the scene, medical records, witness statements, and security camera footage that may illustrate a missing or broken handrail, wet floor, slipper surface, or other dangerous condition that made you slip.

LEARN MORE: 10 Important Steps to Take After a Slip & Fall Accident in New York

Discuss your fall lawsuit with an experienced slip and fall accident lawyer at Raphaelson & Levine

If you've suffered a slip and fall injury in New York, hiring a trusted slip and fall lawyer at our law firm can provide many benefits. We will help you navigate the legal process, increase your chances of receiving maximum compensation, and represent you in court.

If you're unsure whether you should get a lawyer for a slip and fall injury in NY, it's always a good idea to request a free case evaluation to make an informed decision regarding your premises liability claim.

If you've been injured in a slip-and-fall accident, don't wait to seek legal help. The longer you wait, the harder it may be to gather evidence and build a strong case.

Remember, the answer to the question "Do I need a lawyer for a slip and fall injury in New York?" is a resounding yes. With the right legal representation, you can rest assured that your rights and interests will be protected every step of the way.

Our slip-and-fall accident lawyers have helped our clients recover over $700 Million in verdicts and settlements against grocery stores, apartment complexes, and other negligent property owners.

If you or a loved one has suffered a head injury, broken bones, or other serious fall injuries that required a trip to the emergency room or medical care contact us today to discuss your legal options with an experienced slip. and fall lawyer at our firm.

NEXT STEP: Call 212-268-3222 or contact us online for a free consultation.

Howard Raphaelson
Partner, Attorney
Howard A. Raphaelson founded Raphaelson & Levine Law Firm, P.C. in 1992 after graduating from the Benjamin N. Cardozo School of Law in New York City, NY. With over thirty years of experience as a personal injury lawyer, he has earned a trusted reputation from his peers, judges, and top leaders, including recognition among the top 5% injury attorneys as a “Super Lawyer” (Thomson Reuters) and “New York’s Best Lawyers” (New York Magazine).

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