NY Back, Neck & Spinal Injuries
If you have suffered a back, neck or spinal cord injury in a fall on someone else’s property, you may be entitled to compensation if the property owner did something wrong that caused the accident.
The injury lawyers at David Resnick & Associates, P.C., have years of experience representing victims of fall injuries in New York City. We know that an injury to the back, neck or spinal cord can have a profound and permanent impact on a victim’s life. Our goal is to ensure that injured people receive the full compensation they are entitled to.
Our legal team offers free consultations to people who suffered back, neck or spinal cord injuries in a fall. We can answer important questions such as:
- Who is responsible for my back, neck or spinal cord injuries after a fall in New York City?
- What must I prove to obtain compensation for back, neck and spinal cord injuries suffered in a slip and fall?
- What can I expect when I make a slip and fall claim?
- What kinds of compensation could I receive for my back, neck or spinal cord injury?
Responsibility for a Fall that Causes Neck, Back or Spine Injuries
A property owner who fails to reasonably maintain the property may be held responsible for back, neck or spinal cord injuries from a slip or trip that results from an unsafe condition. If a tenant is in control of the property, the tenant may be held accountable. This is true in both homes and businesses.
It is important to determine exactly who was to blame for the hazardous conditions that caused your injury. To establish who was responsible, consider the cause of the fall accident, which may include:
- Debris that caused you to trip and twist your neck.
- Slippery tile or ice in a parking lot that caused a back injury.
- A broken stair railing that led to a fall that injured your spine.
In these and many other situations, it is helpful to obtain maintenance records and statements from witnesses to show how property conditions were a direct cause of your back, neck or spinal cord damage. Pictures of the scene after the accident may also be valuable.
Making a Slip and Fall Claim in New York City
To hold someone else responsible for your fall, you need to show:
- The property owner had a duty to you. The specifics of the obligation vary depending on why you were on the property. Customers or “invitees” are owed the highest degree of care. Casual friendly visitors are considered “licensees” and are owed an intermediate level of care. Property owners have minimal obligations to trespassers.
- The duty was breached. For invitees, property owners must inspect the premises regularly and either correct or warn of dangers. Property owners also need to warn licensees about dangers or correct them, but there’s no obligation to inspect the property.
- You were harmed. You’ll need to show that the dangerous conditions caused the injury to your back, neck or spine.
What to Expect When You Make a Claim
When you make a claim for a back, neck or spinal cord injury after a fall, you may settle your case out of court or pursue compensation at trial.
If you negotiate a settlement, it is important to have a clear idea of how badly you were hurt and the extent of your future treatment costs. Many back and neck injuries do not heal as expected, leaving victims with lingering pain and limited mobility. Spinal cord injuries are almost always permanent and can result in compete or partial paralysis.
You must have a solid diagnosis and a clear understanding of the extent of your losses to reach a fair settlement. Do not sign anything without certainty that you are being fairly compensated.
If your case goes to trial, you’ll need to prove the defendant was to blame and show how badly you were hurt. Some types of back and neck injury claims are more difficult to prove than others. For example, soft tissue injuries affecting the muscles, ligaments and tendons do not show up on X-rays or other tests, making the full extent of physical harm difficult to demonstrate.
Kinds of Compensation Available in Slip and Fall Cases
Compensation depends on the extent of the injury to the back, neck or spine. Victims may be entitled to recover money for losses such as past and future medical bills, pain and suffering, emotional distress, or wrongful death in situations where a fall claims the life of a close relative.
The cost of a spinal cord injury is estimated at between $334,170 and $1,023,924 for the first year after the injury, and between $40,589 and $171,808 for each subsequent year, depending on the part of the spine affected.
Other back and neck injuries are also costly to treat, especially when permanent damage occurs. You may need medical experts to testify to prove the extent of the damage and to provide estimates of expenses associated with ongoing treatment.
David Resnick & Associates, P.C., has the legal experience and the network of experts necessary to help you make your case. Call or contact us online today to learn how we can help.