First, Seek Medical Attention. It’s important to do this right away, as well as document your injuries and begin the appropriate treatment.

Second, document the condition that caused the injury. Take a picture of whatever it was that made you fall, whether it be a crack on a walkway or a slippery floor. Also take pictures of the scene. The goal is to make it clear in the photo where you were when you fell.

Third, collect the names of any witnesses and their contact information. Often, people will stay around and offer to help. Ask for their contact information right away because once they leave the scene of the accident their identity may be lost forever.

Finally, contact an experienced Nassau County personal injury lawyer right away. Insurance company representatives will try to get statements from you to protect their own liability. Make sure you have a qualified premises liability attorney representing you to ensure that these companies do not minimize the compensation owed to you.

Property owners are obligated to maintain a level of safety for all patrons on their premises. When a personal injury claim is made for a slip trip and fall, it must be proven that the property owner was negligent in keeping you safe from that injury. In order to do this, three things must be established.

The condition was unsafe. This is where documenting the scene of the accident is so important. Your personal injury lawyer has to prove that it was a dangerous or unsafe condition that caused your accident.

There was prior knowledge of the condition. The attorney would then prove that the property owner must have known about the unsafe condition. This can be established in two different ways. If the property owner has been physically told about the condition, that is considered “actual” knowledge. This means there is clear proof that the owner knew about the condition and neglected to do anything about it. On the other hand, if it was likely that they should have known about the condition, this is called “constructive” prior knowledge, meaning the condition was noticeable and visible for a long enough period of time for the property owner to have noticed and corrected the hazardous area.

Finally, it needs to be proven that the unsafe condition could have been remedied. This means the owner had a reasonable amount of time to fix the problem, but neglected to do so. For example, if someone slipped on someone’s driveway immediately after a snowstorm, they may not be found negligent because they didn’t have sufficient time to shovel their driveway. But if days had passed and it still happened, that they had sufficient time to make it safe.

There may be a stigma that all personal injury cases will end up in trial. You may imagine yourself having to continually be in court where a jury will determine the fate of your case over a potentially extended period. But this isn’t always true. In fact, most cases do not require trial at all. A majority of cases are settled through negotiations, mediations and arbitrations. It’s also important to note that there’s no one particular type of case that ends up in trial. So a slip trip and fall injury case may or may not go to trial depending on the circumstances surrounding your specific case.

If you have a personal injury claim against a property owner, your personal injury attorney may be able to negotiate a settlement with their insurer over the phone. If it’s obvious that you weren’t at fault for your injuries, it can be proven that the property owner was negligent, and that you are actively pursuing treatment, insurance companies will likely agree to a fair settlement that covers your injury-related expenses.

It’s also important to note that trial is expensive. If you hire a personal injury attorney who has a lot of experience, they will have a well-defined idea of how your case may play out in trial. If they feel you may end up with less compensation by taking your case to trial, and that the settlement the insurance company is offering you is fair, they may suggest you take that settlement. Mediation and arbitration are also becoming an extremely popular alternative to trial as well. It’s a much less expensive and less time-consuming process than trial. A mediator will try to help facilitate an agreement on a settlement. However, decisions made in mediation are not binding. If an individual feels that the decision made in their mediation is not fair, they can still choose to reject the settlement offer and go to trial.

Sometimes however, your case may require going to trial. Sometimes the responsible party will deny being responsible for the accident, and will not want to compensate suitably. If an agreement cannot be made on liability, your case may require trial, as well. Sometimes an insurance company will argue that an injury is not related to your accident. For example, if you slipped and fell and injured your back, but you previously had back problems, the insurance company may deny payout, claiming that your back injury was not connected to your accident and therefore, they should not have to pay out.

There are also instances in which you agree on liability, but the insurance company refuses to pay out the settlement you and your personal injury attorney are seeking for your losses. In these cases, your case may require a trial in order for you to receive the full compensation you are entitled to. At Palermo Law, we go the distance for our clients, whether or not their case requires a trial.

This is a very common situation. Many people do not feel pain from an accident immediately. When you are in an accident, adrenaline can often cause you to not feel or notice the pain right away. Therefore, the real pain develops in the hours, and even days, following an accident. It is never too late to seek medical treatment. However, the sooner that you seek necessary medical treatment the better off you are for several reasons. First, medical treatment will help in diagnosing injuries and provide relief of pain. Second, it is easier to prove that the injury was caused by the accident, if you receive treatment close to the time of the accident.

A serious injury at a friend or relative’s home often presents an uncomfortable situation for friends and/or neighbors. However, it is important to realize that homeowner’s insurance often covers all the expenses associated with an injury in someone’s home. Further, an attorney can resolve many claims of this type amicably without the need for legal action. Additionally, an attorney will never pursue legal action if you are not comfortable with it, but you may still have a free consultation so you can examine your options to get your medical bills paid for, and then make a decision on your next steps moving forward.