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Fell In Apt Building

Workers Compensation Law Discussion

Fell In Apt Building

Postby beale » Mon Nov 28, 2016 12:23 am

Hi,

I live in a small apartment building in Manhattan and have to go down a flight of stairs to get to my apartment.  About a month ago i fell down the stairs and have been out of work ever since.  I ended up fracturing my skull and had internal bleeding.  I've been in the hospital twice in the past month and had to have surgery on my head where they drilled a hole into my skull to drain the blood and fluid.  I've been in significant pain, have used all of my sick days and 2 weeks worth of vacation time in my absence from work.  I'm wondering if you feel i should pursue some sort of lawsuit for missed work, pain and suffering and possible future complications.  Please let me know over email if you need more information from me to give an answer.

thank you for your time,

Caroline

ANSWER: Hi Carol, you have two out of the three essentials to a tremendous lawsuit.  You obviously have a huge and probably permanent injury.  The fact that the unfortunate fall took place in an apartment building in N.Y.C. would mean that there is more than likely a large property insurance policy in place to pay an accident victim such as yourself a significant sum of money for pain and suffering, future limitations and perhaps even permanent disability.  What is lacking in the scant information you have provided in your question is a theory of liability.  In order to successfully sue someone you have to be able to prove that they were in some way negligent in causing your injuries.  Were the stairs cracked or wet?  Was the handrail either missing or loose and wobbly?  What I am getting at{hinting} is the question of what exactly caused your fall?  Merely falling down does not obigate anyone other than yourself for an accident and resulting injury.  A significant crack that a heel of a shoe got caught on would mean that the ownership of the building was at fault in causing the fall.  Wet stairs without any warning signs would mean that the ownership of the building was at fault.  A loose handrail that wobbled when being used for support would mean that the ownership was at fault in causing the accident.  The scenarios I have mentioned would mean that the owner of the building or his maintenance people were negligent in knowing of the dangerous condition but failing to correct it thus causing the accident.

---------- FOLLOW-UP ----------

Hi,

Thank you for your response.  To follow-up to your questions about the staircase i went out to investigate them a little more.  Turns out there is about a 2 inch lip at the top of the stairs and the railing is very loose and wobbly. 1 of those things may have caused and/or contributed to my fall.  But, to be completely honest with you i don't remember exactly how it happened.  I remember walking to the top of the stairs and the next thing i remember is walking up at the bottom.  i believe i may have been knocked out due to the head injury but i cannot be sure for how long and do not remember how i fell so I'm not able to be exactly clear on the cause.  I apologize that I'm not able to be more precise in this matter but i just don't have the memory of what exactly happened.  Do you think the 2 inch lip at the top and the wobbly/loose railing is enough to pursue a case?

thanks again for your time,

Caroline

ANSWER: Hi Carol, now you may have the third piece of the equation.  Injury, insurance, and causation equals a potentially large settlement.  I recommend that you consult with a Personal Injury Attorney in N.Y.C.  There are many excellent ones with fantastic track records.  Make sure that the one you pick offers a free initial evaluation and works on a contingency fee arrangement.  This means that he or she charges nothing until the case is over and keeps 1/3 of any monies he or she obtains for you in the way of a settlement or a jury verdict.  P.S. the longer the wobbly railing existed as well as the 2" lip on the stair the more negligent the landlord will be found to be.  My best wishes to you for a good recovery and a successful lawsuit.

---------- FOLLOW-UP ----------

Thank you again for your help with this.  One last quick question - do you either a) have a couple names of reputable personal injury lawyers in the city or b) have any helpful tips i can use in finding one?

thanks again,

Caroline
beale
 
Posts: 48
Joined: Tue Mar 12, 2013 3:58 pm

Fell In Apt Building

Postby Wevers » Mon Nov 28, 2016 11:14 am

Hi,

I live in a small apartment building in Manhattan and have to go down a flight of stairs to get to my apartment.  About a month ago i fell down the stairs and have been out of work ever since.  I ended up fracturing my skull and had internal bleeding.  I've been in the hospital twice in the past month and had to have surgery on my head where they drilled a hole into my skull to drain the blood and fluid.  I've been in significant pain, have used all of my sick days and 2 weeks worth of vacation time in my absence from work.  I'm wondering if you feel i should pursue some sort of lawsuit for missed work, pain and suffering and possible future complications.  Please let me know over email if you need more information from me to give an answer.

thank you for your time,

Caroline

ANSWER: Hi Carol, you have two out of the three essentials to a tremendous lawsuit.  You obviously have a huge and probably permanent injury.  The fact that the unfortunate fall took place in an apartment building in N.Y.C. would mean that there is more than likely a large property insurance policy in place to pay an accident victim such as yourself a significant sum of money for pain and suffering, future limitations and perhaps even permanent disability.  What is lacking in the scant information you have provided in your question is a theory of liability.  In order to successfully sue someone you have to be able to prove that they were in some way negligent in causing your injuries.  Were the stairs cracked or wet?  Was the handrail either missing or loose and wobbly?  What I am getting at{hinting} is the question of what exactly caused your fall?  Merely falling down does not obigate anyone other than yourself for an accident and resulting injury.  A significant crack that a heel of a shoe got caught on would mean that the ownership of the building was at fault in causing the fall.  Wet stairs without any warning signs would mean that the ownership of the building was at fault.  A loose handrail that wobbled when being used for support would mean that the ownership was at fault in causing the accident.  The scenarios I have mentioned would mean that the owner of the building or his maintenance people were negligent in knowing of the dangerous condition but failing to correct it thus causing the accident.

---------- FOLLOW-UP ----------

Hi,

Thank you for your response.  To follow-up to your questions about the staircase i went out to investigate them a little more.  Turns out there is about a 2 inch lip at the top of the stairs and the railing is very loose and wobbly. 1 of those things may have caused and/or contributed to my fall.  But, to be completely honest with you i don't remember exactly how it happened.  I remember walking to the top of the stairs and the next thing i remember is walking up at the bottom.  i believe i may have been knocked out due to the head injury but i cannot be sure for how long and do not remember how i fell so I'm not able to be exactly clear on the cause.  I apologize that I'm not able to be more precise in this matter but i just don't have the memory of what exactly happened.  Do you think the 2 inch lip at the top and the wobbly/loose railing is enough to pursue a case?

thanks again for your time,

Caroline

ANSWER: Hi Carol, now you may have the third piece of the equation.  Injury, insurance, and causation equals a potentially large settlement.  I recommend that you consult with a Personal Injury Attorney in N.Y.C.  There are many excellent ones with fantastic track records.  Make sure that the one you pick offers a free initial evaluation and works on a contingency fee arrangement.  This means that he or she charges nothing until the case is over and keeps 1/3 of any monies he or she obtains for you in the way of a settlement or a jury verdict.  P.S. the longer the wobbly railing existed as well as the 2" lip on the stair the more negligent the landlord will be found to be.  My best wishes to you for a good recovery and a successful lawsuit.

---------- FOLLOW-UP ----------

Thank you again for your help with this.  One last quick question - do you either a) have a couple names of reputable personal injury lawyers in the city or b) have any helpful tips i can use in finding one?

thanks again,

Caroline
Wevers
 
Posts: 48
Joined: Mon Jan 06, 2014 9:04 pm

Fell In Apt Building

Postby Iago » Thu Dec 01, 2016 8:13 pm

Hi again Carol, Harry Lipzig & Associates comes to mind but there are a huge number of excellent ones.  You might even be able to read a copy of the "Jury Verdict Reporter" at your library.  That is a publication which reports the results of negligence verdicts in the N.Y. and other courts.  You can also go to the N.Y. Supreme Court at 60 Centre Street and outside the courtrooms you will see the printed court calendars for the day.  The names of both the Plaintiffs Attorneys and the Defendants Attorneys are printed next to the names of the actual people they represent.  Write down names that you see frequently appearing and then call three or four of them later in the day and run your scenario by them.  I am sure your case will spark more than a passing modicum of interest.
Iago
 
Posts: 42
Joined: Tue Mar 04, 2014 4:48 pm


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