This blog is written by Neal Goldstein and Robert Bashner, senior partners at Goldstein and Bashner, a Long Island law firm that helps victims of accidents and serious personal injuries. Visit our website at www.eglaw.com for our popular, free booklets on topics that include bullying, finding a good lawyer, car accident guide and changing lawyers.
Getting in an accident--even a minor one--makes most of us nervous, anxious and unsure what to do. That is why we've written this useful tool, which you can download for free, and feel more confident if you find yourself in an accident.
This useful tool includes 10 important steps to take after a car accident as well as helpful checklists and forms to fill out with all the information you will need.
Questions about a Long Island accident you were involved in? Give me a call at 516-222-4000 and we can discuss your legal rights. No obligation, no cost.
The Essential Guide You Want to Have if You Are In An Accident
Did you slip and fall at Roosevelt Field? Trip or slip at a Target or WalMart? Hurt yourself at a restaurant? Depending on the circumstances of your accident, when you slip and fall on someone else's property, you may be able to sue and recover damages.
Whether or not you really have a case depends on a few things. First of all, was the accident completely your fault? You can't sue a store because you were texting instead of watching where you were going.
So when can you sue?
If a business creates a hazard that causes your accident. For example, a waiter carrying too many items drops them all over you, or a store display is poorly structured and causes items to fall all over the place and cause an accident.
If a business knows about a potenetial danger but fails to fix it, and it caused your accident. This can sometimes be difficult to prove. The best way is to either have witnesses that can say the danger has been there for weeks, or even better if someone reported the danger to the business and put them on notice. For example, if there is a small chip in a tile that the store did not know about and is not obvious or in plain sight (see point three)
A potential danger that the business might not have known about, but a "reasonable" owner should have, and it caused your accident. For example, if the tiles in the center of the entranceway are completely worn and cracked or the stair handrail is broken, it is hard to believe a reasonable owner wouldn't notice. However, sometimes it can be difficult to say a business should have known about a hazard. In determining "reasonableness," the law focuses on whether the owner keeps the property well-maintained, safe, clean and in generally good condition.
If you were seriously injured in a Long Island slip and fall, an experienced lawyer can help determine if you have a case and let you know your legal options. Have questions? Contact our Long Island personal injury lawyers for a free consultation and let you know your legal rights.