Slip & Fall Accident Lawyers in Westchester, NY

How Our Westchester Slip & Fall Lawyers Can Assist You

After a slip & fall accident, you may face a long road to recovery, mounting medical bills, and lost wages from time away from work. During this challenging time, our attorneys are dedicated to helping you seek the compensation you deserve. 

We will:

Investigate Your Case

We'll gather evidence, interview witnesses, and review any available surveillance footage or accident reports to build a strong case.

Identify Liable Parties

Our lawyers will identify all parties who may be responsible for your accident, including property owners, managers, or tenants.

Handle Communication With Insurance Companies

We'll communicate with insurance companies on your behalf, ensuring that your rights are protected and you're not taken advantage of.

Negotiate a Fair Settlement

Our attorneys will aim to negotiate a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other losses.

Represent You in Court

If a fair settlement cannot be reached, we are prepared to take your case to trial and fight for you in court.

Provide Support and Guidance

Throughout the legal process, our lawyers will keep you informed, answer your questions, and provide the support and guidance you need during this challenging time.

We’ll take your legal burdens off your shoulders, allowing you to focus on your recovery while we handle your case. With an experienced legal team and a long history of success, we’ll give you the best chance of obtaining the compensation you need to move forward.

From Sidewalks to Stores: Slip & Fall Cases We Handle in Westchester County

Slip & fall accidents can happen in various settings, and we’re prepared to help you no matter where your injury occurred. Some of the most common types of cases we handle include:

Sidewalk Accidents

Uneven pavement, cracks, or potholes can cause serious injuries to pedestrians walking on sidewalks. We hold negligent property owners and municipalities accountable for failing to maintain safe walkways.

Retail Store Accidents

Wet floors and cluttered aisles in retail stores can lead to slip & fall accidents. We help victims injured in various types of stores, from supermarkets to boutiques.

Restaurant Accidents

Slippery floors, poor lighting, or other hazards in restaurants can result in slip & fall injuries. We represent clients hurt in all types of eateries in Westchester County.

Office Building Accidents

Office building slip & fall accidents may occur due to wet floors, loose carpeting, or inadequate lighting. Our lawyers help employees and visitors who have been injured in these settings.

Parking Lot Accidents

Potholes, ice, or poor maintenance can cause slip & fall accidents in parking lots. We hold property owners responsible if they fail to ensure the safety of their parking areas.

Stairway Accidents

Loose railings, broken steps, or inadequate lighting in stairwells can result in serious slip & fall injuries. Our lawyers represent victims hurt in stairway accidents in various settings.

No Fees Unless We Win Your Case

Everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, which means you won’t have to pay any upfront costs or out-of-pocket expenses when you hire us to handle your slip & fall case.

We will only collect a fee if we successfully recover compensation, whether through a settlement or a court award — you won’t owe us anything if we don’t win your case. This arrangement allows you to focus on your recovery without worrying about the cost of hiring a slip & fall lawyer in Westchester County.

We Help You Stand Up and Fight for Your Rights

If you’ve been knocked down by a slip & fall accident, let our attorneys help you stand tall and fight for the justice you deserve. Contact Tomkiel & Tomkiel today to protect your rights and pursue fair compensation.

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Injuries Frequently Sustained in Slip & Fall Accidents

Slip & fall accidents can lead to a wide range of injuries, some of which can have long-lasting effects on your health and quality of life. Some of the most common injuries include:

Broken Bones

Fractures — particularly in the wrists, arms, ankles, and hips — are common in slip & fall accidents, as people often extend their arms to catch themselves during a fall.

Spine Injuries

The impact of a fall can cause damage to the spinal cord, leading to herniated discs, fractured vertebrae, or even paralysis in severe cases.

Brain Injuries

Traumatic brain injuries can occur when a person hits their head during a fall, resulting in concussions, cognitive impairments, or more severe consequences.

Knee Injuries

Slip & fall accidents can cause torn ligaments, meniscus tears, or kneecap dislocation.

Shoulder Injuries

Rotator cuff tears, dislocations, or other shoulder injuries can occur when a person tries to break their fall with their arms.

Soft Tissue Injuries

Sprains/strains and contusions to muscles, ligaments, and tendons are common in slip & fall accidents.

Lacerations & Abrasions

Cuts, scrapes, and bruises can result from contact with rough surfaces or sharp objects during a fall.

Neck Injuries

Whiplash and other neck injuries can occur due to the sudden jerking motion experienced during a slip & fall accident.

Can I Pursue a Wrongful Death Claim If My Loved One Dies Due to a Slip & Fall Accident?

If you’ve lost a loved one due to a slip & fall accident caused by a property owner’s negligence, you may have grounds to file a wrongful death lawsuit. 

At Tomkiel & Tomkiel, our experienced attorneys understand the devastating impact of losing a family member in such a tragic event, and we are dedicated to helping families seek justice and hold negligent property owners accountable. Our team will thoroughly investigate the accident, gather evidence to establish liability, and work diligently to build a strong case on your behalf. We’ll work to secure compensation for medical expenses, funeral costs, lost income, and the immeasurable loss of companionship and support.

Contact our firm today to schedule a consultation and learn how we can assist you in pursuing a wrongful death claim.

Westchester Businesses and Property Owners Are Expected to Ensure Safe Premises for Visitors

Westchester businesses and property owners have a legal duty to ensure safe premises for visitors, and they must take reasonable steps to identify and address hazardous conditions that could cause slip & fall accidents.

Common hazards include:

• Wet or slippery floors
• Uneven surfaces
• Poor lighting
• Cluttered walkways
• Lack of handrails
• Parking lot defects

If a property owner fails to maintain safe premises and a visitor is injured in a slip & fall accident, the owner may be liable for damages such as medical expenses.

Proving Negligence in a Slip & Fall Case

To hold a property owner liable for your injuries, you must demonstrate that their negligence led to the accident. Proving negligence in a slip & fall case involves establishing four key elements:

• Duty of Care: The property owner owed you a duty to maintain safe premises — this duty applies to most visitors, including customers, guests, and tenants.
• Breach of Duty: The property owner breached their duty by failing to address or warn about a hazardous condition — this could include failing to fix a broken step, clean up a spill, or provide adequate lighting.
• Causation: The hazardous condition directly caused your accident and resulting injuries.
• Damages: You suffered actual damages as a result of the accident, such as medical bills, lost income, or pain and suffering.

To prove these elements, your Westchester slip & fall attorney will gather evidence such as:

• Incident reports
• Witness statements
• Photographs of the hazard and accident scene
• Surveillance footage
• Medical records and bills
• Expert testimony on safety standards and your injuries

Building a strong negligence case is crucial to securing fair compensation for your injuries. At Tomkiel & Tomkiel, our knowledgeable Westchester slip & fall lawyers have the necessary skills to investigate your accident, gather compelling evidence, and construct a persuasive case on your behalf. Contact us today for a free consultation to learn how we can help you prove negligence and pursue the damages you deserve.

What Damages Are Available for Slip & Fall Accident Victims?

Damages are financial compensation awards meant to cover various losses and expenses you might incur as a result of an injury. Some damages available for slip & fall accident victims include:

• Medical Expenses: You can seek compensation for medical costs related to your injury, including hospital bills, surgery, medication, physical therapy, and future medical needs.
• Lost Wages: If your injury has caused you to miss work or lose earning capacity, you can recover damages for lost income and future lost earning potential.
• Pain and Suffering: You may be entitled to non-economic compensation for the physical pain, emotional distress, and mental anguish caused by your injuries.
• Disability or Disfigurement: If your injury results in permanent disability or disfigurement, you can seek damages for the long-term impact on your life and well-being.
• Loss of Enjoyment: If your injuries prevent you from participating in activities or hobbies you once enjoyed, you may be able to recover damages for the loss of enjoyment.
• Punitive Damages: In rare cases involving gross negligence or intentional misconduct, you may be awarded punitive damages to punish the property owner and deter future wrongdoing.

Our Westchester slip & fall attorneys can help you assess the full extent of your damages and fight for the maximum compensation you deserve. 

Steps to Take After a Slip & Fall Accident

If you’ve been involved in a slip & fall accident in Westchester County, it’s essential to take certain steps to protect your health and legal rights. 

Here are some key actions to take following a slip & fall incident:

1. Seek Medical Attention: Even if you don't think you're seriously injured, it's crucial to get a medical evaluation to diagnose any potential injuries and begin treatment.
2. Report the Accident: Notify the property owner, manager, or an employee about your slip & fall accident — make sure an incident report is filed, and request a copy for your records.
3. Document the Scene: Take photos of the hazardous conditions that caused your fall (such as a wet floor, uneven surface, or poor lighting), and photograph any visible injuries you sustained.
4. Gather Witness Information: If anyone witnessed your accident, collect their names and contact information — their statements can provide valuable support for your claim.
5. Avoid Giving Statements: Don't give any recorded or written statements to the property owner or their insurance company without first consulting with a slip & fall attorney in Westchester.

Finally, you should contact a lawyer as soon as possible. They can guide you through the legal process, protect your rights, and help you pursue fair compensation for your injuries.

Statute of Limitations for Slip & Fall Claims in Westchester County

In Westchester County, the statute of limitations for most slip & fall claims is three years from the date of the accident. However, there are various exceptions that might apply in your case, including, but not limited to:

• Claims Against Municipalities: 90 days to file a notice of claim, then 1 year and 90 days to file a lawsuit.
• Delayed Discovery of Injuries: Three years from the date the injury was discovered or should have been reasonably discovered.
• Incapacitation: The statute of limitations may be extended if the victim is mentally or physically incapacitated.

It’s crucial to consult with a Westchester slip & fall attorney promptly to ensure you meet all necessary deadlines.