Personal Injury Law

New York Trip and Fall Accidents--What To Do If You're Injured

By Mark Siesel, Esq.

If you suffer an injury by, for example, falling on a crack in the sidewalk, slipping on a spilled substance at the supermarket, or on ice on a stairway at the mall, there are several things you must do to pursue a New York slip and fall case:

1. Obtain the names, addresses, phone numbers and e-mail addresses of any potential witnesses. This includes people who observed you fall, as well as those who came on the scene afterward but can attest to pain, suffering and the extent of your injuries;

2. If possible, take photographs of the condition that caused you to fall, or have a friend or relative do the same. This is vital, as conditions such as a spilled substance or ice on the ground are frequently gone by the time you return with a camera if immediate photographs are not taken;

3. Report the accident to the property owner, request that a written report be prepared and obtain a copy of any statement that is prepared. If there is incorrect information on the report, make sure that this is rectified before you leave the premises.

4. Take photographs of any injuries you suffered. Remember that swelling, bruising and severe cuts will begin to heal and you want to document how the injury appeared immediately after the accident;

5. Obtain medical treatment at a local emergency room or private doctor and make sure that you report the history so that it is documented that your injuries were caused due to the slip and fall accident;

6. Do not under any circumstances provide a recorded statement to insurance company representatives who are trained in asking questions that attempt to shift the blame to you;

7. DO NOT SIGN ANYTHING FROM THE INSURANCE COMPANY without consulting an attorney. They often will contact you with an offer to pay your medical bills in exchange for your signature on a binding "general release" which will prevent you from initiating a claim or lawsuit for your injuries.

Full post as published by New York Legal Blog on May 11, 2010 (boomark / email).