Question 1

How do I prove a slip and fall case?

Accepted Answer

Proving a slip and fall case requires establishing that the property owner or occupier was negligent in maintaining safe conditions. Specifically, you must demonstrate three key elements: first, that a dangerous condition existed on the property (such as a wet floor, broken staircase, icy sidewalk, or uneven surface); second, that the property owner knew or should have known about the condition through reasonable inspection and maintenance practices; and third, that the property owner failed to repair the hazard, clean it up, or adequately warn visitors of the danger. Critical evidence in these cases includes surveillance camera footage showing how long the hazard existed before your fall, maintenance logs and cleaning schedules that reveal gaps in the property owner's routine, incident reports and prior complaints from other visitors about the same condition, witness statements from people who saw the hazard or your fall, and photographs of the dangerous condition taken as close to the time of the accident as possible. An experienced premises liability attorney can subpoena these records and build a compelling case that the property owner's negligence directly caused your injuries.

Question 2

What if I slipped on a public sidewalk?

Accepted Answer

In New York City, a local law known as the Sidewalk Law (Administrative Code Section 7-210) shifted responsibility for sidewalk maintenance from the city to adjacent property owners. This means that if you slip and fall on a broken, cracked, or icy sidewalk, the owner of the property next to that sidewalk is generally liable for your injuries — not the city. Property owners are required to maintain the sidewalk in reasonably safe condition, including removing snow and ice within a reasonable time after a storm. However, there are exceptions: the city retains liability for sidewalks adjacent to certain public properties, one- to three-family owner-occupied homes are partially exempt, and utility companies may be liable if their work caused the sidewalk defect. If the city itself is potentially liable, you face much stricter requirements: you must file a notice of claim within 90 days of the accident, and you must prove that the city had prior written notice of the specific defect. An experienced slip and fall attorney can identify the correct liable party and ensure all filing deadlines are met.

Question 3

What is a contingency fee?

Accepted Answer

A contingency fee is a payment arrangement where your attorney only collects a fee if your case is successful — meaning you win a settlement or verdict. If your case does not result in compensation, you owe your attorney nothing. The fee is calculated as a percentage of your total recovery, typically 33.3% (one-third) if the case settles before trial, and up to 40% if the case proceeds to trial. This arrangement is standard in personal injury law and exists specifically to ensure that accident victims can access quality legal representation regardless of their financial situation. You never pay anything out of pocket or upfront. Your attorney covers all case expenses — including filing fees, expert witnesses, medical record requests, and investigation costs — and recoups those expenses only from a successful outcome. This structure aligns your attorney's interests directly with yours: they are motivated to maximize your recovery.

Question 4

How long does a personal injury case take?

Accepted Answer

The timeline for a personal injury case varies widely depending on several factors, but most cases resolve within 6 to 18 months. Straightforward cases with clear liability and well-documented injuries — such as a rear-end collision with immediate medical treatment — may settle in as little as 3 to 6 months. More complex cases involving disputed liability, multiple parties, severe injuries requiring ongoing treatment, or government entities can take 2 to 3 years or longer. Key factors that influence the timeline include the severity of your injuries and how long treatment takes (attorneys typically wait until you reach maximum medical improvement before settling), the willingness of the insurance company to negotiate fairly, whether the case needs to go to litigation or trial, and the complexity of determining fault. Your attorney will keep you informed throughout the process and will not rush a settlement that undervalues your claim.

Question 5

What compensation can I receive?

Accepted Answer

Personal injury compensation, also called damages, can cover a wide range of losses resulting from your accident. Economic damages include reimbursement for all medical expenses — both past bills and estimated future treatment costs — lost wages from time missed at work, reduced earning capacity if your injuries affect your ability to work long-term, and property damage such as vehicle repair or replacement. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (impact on your relationship with your spouse). In cases involving particularly reckless or intentional conduct, punitive damages may also be awarded to punish the wrongdoer. The total value of your case depends on the severity of your injuries, the clarity of liability, the quality of your medical documentation, and the skill of your attorney in presenting your claim. Many accident victims are surprised to learn their case is worth significantly more than they initially assumed.

Question 6

Should I accept the insurance company's first offer?

Accepted Answer

In almost every case, the answer is no. Insurance companies are for-profit businesses, and their adjusters are trained to settle claims for as little as possible. The first offer is almost always a lowball figure designed to close your case quickly before you fully understand the extent of your injuries and the true value of your claim. Many injury symptoms worsen over time, and accepting an early settlement means you cannot go back and ask for more money later — even if you need additional surgery or long-term therapy. An experienced personal injury attorney knows how to calculate the full value of your case, including future medical costs, lost earning potential, and non-economic damages like pain and suffering. Statistics show that represented claimants receive settlements that are 3 to 4 times higher than the initial insurance offer. Before accepting any offer, consult with an attorney who can review the details and advise you on whether the amount is fair.

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