A traumatic brain injury (TBI) caused by a slip and fall can have long-lasting physical, emotional, and financial consequences. If you or a loved one sustained a TBI due to hazardous conditions on someone else’s property in New York, it’s important to understand the steps to take to protect your health, your rights, and your ability to recover compensation. Below is a thorough overview of what to do following a slip and fall that results in a traumatic brain injury, with a focus on New York State law.
Seek Immediate Medical Attention
The most critical first step is to seek medical attention, even if symptoms are not immediately apparent. TBIs, including concussions and more severe forms such as brain hemorrhages or diffuse axonal injuries, can have delayed or subtle symptoms. Medical records created at this stage are essential for both treatment and documenting the injury for any future legal claims.
Document the Scene and Conditions
If you are physically able or accompanied by someone who can assist, it’s important to document the location where the fall occurred. Take photographs or videos of the hazard that caused the fall, such as a wet floor, uneven pavement, poor lighting, or debris. Note the time of day, weather conditions, and whether there were any warning signs posted. This evidence can be critical in establishing liability later.
Report the Incident
Report the fall to the property owner, building management, or supervisor at the scene. If the fall occurred in a store, apartment building, or on municipal property, request a written incident report. Be factual and avoid making assumptions or admitting fault. Obtain a copy of the report or request it be sent to you.
Preserve Evidence and Witness Information
Keep any clothing or footwear worn at the time of the fall, especially if they were affected by the hazard (e.g., soaked from a spill). If there were witnesses, ask for their names and contact information. Their statements can help corroborate your version of events.
Consult a Personal Injury Attorney
A skilled attorney can assess whether the property owner or manager was negligent and advise on your legal options. In New York, property owners have a duty to maintain their premises in a reasonably safe condition. If they knew or should have known about the dangerous condition that caused your fall and failed to address it, they may be held liable for your injuries.
An attorney will also handle communication with insurance companies, gather evidence, work with medical experts to understand the extent of your brain injury, and build a strong case for compensation. Sullivan Papain has decades of experience handling slip and fall and traumatic brain injury claims across New York and can provide trusted legal counsel from day one.
Understand the Statute of Limitations in New York
Under New York law, the statute of limitations for personal injury cases—including those arising from a slip and fall—is generally three years from the date of the incident. This means you must file a lawsuit within three years or your claim may be permanently barred.
However, if the slip and fall occurred on property owned by a municipal entity (such as a city sidewalk or public building), the timeline is much shorter. You must file a Notice of Claim within 90 days of the incident, and a lawsuit must be commenced within one year and 90 days. Failing to meet these deadlines can prevent you from pursuing compensation.
Consider the Full Scope of Damages
TBIs often result in more than just immediate medical expenses. You may be entitled to compensation for ongoing treatment, therapy, lost wages, reduced earning capacity, pain and suffering, and diminished quality of life. An experienced attorney will work with experts to calculate the full impact of the injury on your life, including future care and rehabilitation needs.
Protect Yourself Legally and Medically
Avoid speaking with insurance adjusters or signing any releases before consulting an attorney. Insurance companies may try to minimize payouts or argue that your injury is unrelated to the fall. Continued medical care and documentation of your symptoms, treatment, and prognosis are crucial for establishing the extent of your injuries.
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law. across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. To learn more about our firm or schedule a consultation with an attorney, contact us today.