Legal Question in Personal Injury in New York
slip and fall 6/6/07
My mother had a Slip & Fall 6/6/07. Oil tanker deliverying oil, no precautions used. no broken bones or fractures, she suffered internal and external bruises, cuts. we have tried working peacefully with insurance co. and property company. It has taken almost one year and 3 repres., now they send me No Fault forms and state and may be too late to process. I have the emails, letters sent to oil com. and insur. my mother has not recovered from fall, now she had to pursue physical therapy. should i stopped being so nice and get legal help? Would it be worth pursuing?
6 Answers from Attorneys
Re: slip and fall 6/6/07
The other attorneys are correct regarding the No-Fault coverage. My firm handles these types of personal injury claims for both insurance companies and individuals. We therefore have inside knowledge of the claims/litigatin process. Feel free to contact me at 2129725252.
Re: slip and fall 6/6/07
You very well may have a valid claim to pursue. Be very cautious not to continue negotiations and negotiate yourself right out of the game due to statute of limitations restrictions.
If you would like a free consultation please call us at 212709.8303 MUCH LUCK and do not waste any time in starting legal action, as you very well may be cutting your time short with all of your negotiation
Re: slip and fall 6/6/07
yes
Re: slip and fall 6/6/07
Whether it's worth pursuing depends on whether you wish to pursue it! Your case is typical of those who attempt to represent themselves without counsel. You wouldn't try to perform surgery on your mother so what qualifies you to represent her? Insurance companies love nothing more than those without attorneys.
If you get an attorney now, they'll regret not settling with you earlier. You can contact my office for a consultation or referral.
Re: slip and fall 6/6/07
It may be worth pursuing depending on your mother's age, her injuries, etc. I would not fill out the no-fault forms without speaking to a lawyer first. Normally, you have 30 days to make a no-fault claim but more importantly, I'm not sure this is a no-fault type case as I don't think you mother's injury resulted from the "use or operation" of a motor vehicle. The insurance company may want your mother to accept no-fault because that would create a higher burden in any lawsuit - your mother would have to show a "serious injury" as defined in the Insurance Law. I do these type of cases on contigency so please feel free to contact me.
Re: slip and fall 6/6/07
The previous attorneys who responded did not give you a lick of information so allow me to fill in some of the blanks.
First of all, No-Fault only covers economic damages such as medical bills and lost wages. So, even if the claim was barred for lateness, your mother could still recover for her pain and suffering.
Secondly, I am fairly certain this accident isn't covered by No-Fault. No-Fault benefits are only paid to persons injured as a result of the "use and operation" of a motor vehicle. For example, the caselaw provides that a person who trips and falls on a cracked sidewalk while stepping off of a bus is not entitled to no-fault. Likewise, a slip and fall on leaking oil probably doesn't qualify.
Significantly, your mother might actually be better off if no-fault doesn't apply. The trade off for receiving no-fault benefits is that your mother then must prove a "serious injury" as defined by Insurance Law 5102 or she is precluded from recovering any money for pain and suffering.
Lastly, the Statute of Limitations in New York for personal injury cases is three years. So your mom has plenty of time - not that she should wait.
Hope this is more helpful.
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