Hamburg, NY Slip and Fall Attorneys
A slip-and-fall accident may lead to severe injuries that could prevent you from performing simple daily activities or even working. You might also have steep medical bills related to the accident.
If you are unsure if you have a case, the lawyers at Chiacchia & Fleming, LLP, in Hamburg, are ready to address your concerns. If your accident resulted from either a negligent property owner who failed to provide proper maintenance to their premises or an individual’s reckless actions, you might be entitled to compensation. We also help injured workers fight for the benefits that are rightfully theirs.
What You Can Do To Preserve Your Legal Options
Injuries due to a slip-and-fall or trip-and-fall may range from sprained ankles to broken bones, herniated disks or even hip fractures. Elderly individuals are more likely to suffer severe injuries after a fall, requiring immediate medical assistance and potentially expensive treatments and rehabilitation. You shouldn’t have to pay the bills when your accident was due to someone else’s negligence.
What is more, property owners or managers may try to blame you for your fall and will try to erase the evidence that may confirm they were actually at fault. Therefore, it is imperative to get legal assistance to investigate the causes and circumstances of your accident.
Evidence is everything in slip-and-fall cases. We recommend that you do the following after a fall, if possible:
- Take pictures or even videos of the place where your accident occurred.
- Look for witnesses and ask for their contact information.
- Keep the shoes and clothes you wore the day of the accident. Preferably, do not use them again.
- Call an experienced lawyer in slip and falls to discuss your case.
- Ask for the footage of your fall from the premises owner when possible.
Our attorneys can investigate further for you while you focus on your recovery. Attorney Daniel Chiacchia has served clients for over four decades. His clients and peers have recognized his dedication and personalized attention through various prestigious awards. Leave your case in the experienced and compassionate hands of our attorneys.
Frequently Asked Questions About Hamburg, NY Slip-And-Fall Accidents
Here are answers to some of the most common questions we receive from prospective clients.
Can I still receive compensation if I am partially at fault for my slip-and-fall accident?
Property owners (and insurers) frequently try to shift blame to the victim after a slip-and-fall accident. Most of the time, it is not true, but there are instances in which victims may be partially at fault for their injuries.
The good news is that you can still recover compensation even if you shared fault for the accident. New York is a “comparative negligence” state. Under this system, a percentage of fault may be assigned to both parties, and the plaintiffs compensation will be reduced by their percentage of fault. If you were deemed 15% at fault, for instance, you could still recover 85% of the total damages you were seeking.
As your attorneys, one of our goals will be to minimize or eliminate your assigned level of fault in order to maximize your compensation.
How much time do I have to pursue a legal claim against the property owner?
In New York, the statute of limitations for slip-and-falls and most other personal injury claims is three years from the date of injury. However, you’ll want to act much sooner than that, because as time passes, evidence can disappear and witness memories can fade.
If the insurance company offers me a settlement, why should I hire an attorney?
Insurers want to settle your claim as quickly as cheaply as possible. Whatever offer they make is likely to be far less than what you need and far less than what your case is worth. They may even try to make an offer before you’ve had time to fully assess your injuries and economic losses.
Most of the time, an experienced attorney can help you achieve a much higher settlement or judgment than you could achieve on your own – even after accounting for attorney fees.
Do I have to sue a friend or family member to get compensation if I am injured on their property?
Most of us would never want to sue someone we know and love for an accident on their property because it could cause great damage to the relationship. The good news is that injuries on residential property are often compensable under a homeowner’s insurance policy.
Your dispute might not be with the property owner directly but rather with their insurer. If the insurer makes a lowball settlement offer that doesn’t meet your needs, our attorneys can work to negotiate a higher settlement. If that doesn’t work, we can help you take the insurance company – not your friend or family member – to court.
We understand that these types of cases are delicate, and we will do everything we can to help you preserve relationships while helping you seek compensation.
Speak To An Attorney About Your Case For Free
Our slip-and-fall lawyers understand that you need answers and close follow-up, and that is what you get when you hire our firm. Call 888-655-6122 or contact us using this online intake form to schedule your free initial consultation.