Accident and Injury Frequently Asked Questions

Many accident victims are overwhelmed by their injuries, and the thought of a legal case can seem daunting. At Hofmann & Schweitzer, our legal team understands these feelings, and we’ve compiled our thoughts on many common worries here to help you get started finding the answers you need to protect yourself and your family. If you’ve been hurt in a construction, maritime, or railroad accident, browse our FAQs today.

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  • My Child Was Hurt on an unsecured trampoline while trespassing. What should I do?

    We are sorry to hear of your son’s injuries. It is hard to see your child hurting, even if you know that your child technically did something wrong.

    That said, your child may not be the only one at fault for his injuries. Property owners have a responsibility to keep children who may reasonably access their property safe from harm – even if those children are trespassers.

    Thus, if your child has been hurt on someone else’s property it is important to contact a New York fall injury attorney for help. Your New York personal injury lawyer will investigate what happened to your child, what the responsibilities of the landowner was, and will explain your rights and possible recovery to you.

    In some cases, an experienced premises liability attorney may be able to help your child recover damages for things such as past, present and future medical expenses, rehabilitation costs, out-of-pocket expenses, pain, suffering and other damages.

    In order to learn more about your child’s rights, please contact our New York City law firm today at 1-800-362-9329. Additionally, please accept our best wishes for a fast and complete recovery for your child from his trampoline fall injuries.

  • Is Someone Else Liable for My Broken Wrist?

    That depends on how you broke your wrist. Someone else, specifically the owner or manager of the property on which you broke your wrist, may be liable for your injuries in certain situations. Specifically, the owner or manager of the property will be legally responsible for your injuries if they were negligent in the construction or maintenance of the property. For example, if there was a defect in the property that was known, or should’ve been known to the property owner or manager, and the property owner or manager did not take appropriate steps to warn you of the defect or to protect you from it, then you may be entitled to damages for the broken wrist injury you sustained in your New York or New Jersey slip and fall accident.

    For more information about your right to damages, please contact a New York premises liability attorney at Hofmann & Schweitzer to discuss your case. We can be reached at 1-800-362-9329 or via our online contact form.

  • If I'm Hurt in an Apartment Building Who Is Liable for My Injuries?

    It depends on how you were hurt. There are situations in which the property owner, the landlord, or another tenant may be responsible for your injuries.

    A New Jersey or New York premises-liability lawyer will investigate the cause of your accident and determine whether the property owner and landlord knew of, or should have known of, the risk of injury. If they did know, or should have known, about the risk, then they may be liable for not taking steps to address the danger.

    However, if your injury happened in a tenant’s apartment and the landlord or property owner should not reasonably have known about the risk that was created by the tenant, then they may not be liable for your injuries.

    If you’ve been hurt on someone else’s property then it is important to pursue damages against the correct defendant(s) in order to protect your potential recovery. Contact us online or call us directly at 1.800.362.9329 for more information about your rights.

  • Do I Have a Slip and Fall Case?

    Some slip and fall injuries result from a simple case of bad luck for which no one is to blame, but some slip and falls are caused by the negligence of others. If you have been involved in a slip or trip and fall accident in New York or New Jersey, then it is important to know when you may have a potential lawsuit and when you do not.

    Generally, you may be able to recover damages if the reason that you slipped or tripped and fell was because a property owner or manager failed to correct a problem that the owner or manager knew, or should have known, about prior to your accident. Your New Jersey and New York slip and fall injury attorney will look to see if the property owner or manager had a legal duty of care to prevent your injury and whether that duty of care was breached; thus, resulting in injuries from a slip and fall accident.

    It is always important to contact a New York and New Jersey premises liability lawyer after an accident so that your lawyer can evaluate your case and advise you as to whether you have a slip and fall case. Contact us online or call our office directly at 1.800.362.9329 to schedule a free consultation.

  • Is There Some Kind of Report That Should Be Filled Out if Im Hurt in a New York Slip and Fall Accident?

    Maybe. Unlike motor vehicle accidents, New York slip and fall accidents are typically not reported to the police so there is unlikely to be any official police report of the accident, though it is possible in some cases. Also, if you were hurt on the property of a private residence there is unlikely to be any official report of your accident injuries.

    However, if you fall and get hurt at a New York store or business, then there may be a report of your accident injuries. Some, but not all, stores and businesses have internal policies that require workers to fill out injury reports if anyone is hurt on the property.

    If an accident report exists, then your New York premises liability attorney will get a copy and review the report. However, the absence of such a report does not mean that you cannot recover damages. Whether or not there is a report, your New York slip and fall lawyer will carefully investigate your potential claim and advise you of your legal rights and possible recovery.

    For more information about your rights after a New York slip and fall, please contact a New York injury lawyer at 1-800-362-9329.

  • Is It Important for Me to Get Medical Care After a New York Fall

    Yes. It is important to see a doctor or to visit the emergency room if you slip or trip and fall in New York. Prompt medical care is important for several reasons.

    First, some injuries are asymptomatic and difficult for an individual to detect immediately following an accident. For example, in some cases it can be difficult to know if you've suffered a traumatic brain injury without medical tests and a proper medical diagnosis. In addition, a fast diagnosis can lead to early treatment and may result in a greater chance of recovery.

    Second, seeking medical care may be very important to your recovery. Not only will the other side want medical proof that you suffered an injury, but they will want to know that you suffered the injury because of the fall.

    If you have been hurt in a New York slip and fall, then it is important to contact a New York premises liability lawyer after you get the medical care that you need. The experienced New York slip and fall attorneys would be pleased to provide you with a free consultation. Please contact us today at 1-800-362-9329.

  • Can I Recover Damages if I Hurt My Tailbone in a Slip and Fall Accident?

    Yes, you may be able to recover damages if you injure your tailbone in a New York or New Jersey slip and fall accident, or any other type of accident. A tailbone injury (also known as a coccyx injury) can be extremely painful and healing can take some time. If you suffer this type of injury because of someone else’s negligent or intentional act, then you may be entitled to damages.

    Your New Jersey or New York premises liability lawyer will evaluate your case and represent you in settlement negotiations and litigation. If someone else’s failure to exercise reasonable care resulted in your injury, then your lawyer will advocate for your financial recovery which may include compensation for unpaid medical bills, rehabilitation costs, out of pocket expenses (such as household or childcare help necessitated by your injury), lost income and pain and suffering.

    For more information about how to recover damages for a tailbone injury, please contact the experience New Jersey and New York premises liability lawyers of Hofmann & Schweitzer for a free consultation by calling 1.800.362.9329.

  • How Common Are Drowning Deaths?

    According to the Centers for Disease Control and Prevention (CDC), accidental drowning is the sixth leading cause of unintentional injury death for the entire population and the second leading cause of unintentional injury death for children ages 1 - 14.

    In 2007, there were 3,443 unintentional drowning deaths in the United States - excluding boating related drowning. The majority of these drowning deaths come in the warm summer months.

    According to the CDC, one of the primary reasons for these deaths is lack of supervision in the water or barriers to water. If your child has been hurt, or killed, in a pool on someone else's property, then you may be able to collect legal damages if the accident was caused by the property owner or manager's negligence.

    For more information about your potential recovery and your legal rights please call a New York premises liability attorney at 1-800-362-9329. An experienced and compassionate New York accident lawyer will talk to you about your potential case and help you decide what steps to take next to protect your rights.

    *Source: CDC, Unintentional Drowning Fact Sheet May 16, 2011

  • I don't know who owns or manages the property where my NYC injury occurred. What should I do?

    If you have been hurt in a slip and fall accident in New York on property that you do not own, then it is important to contact a New York slip and fall lawyer as soon as possible after your accident.

    If your lawyer thinks that you might have a potential case for your injuries, then your lawyer will advise you of that possibility and start an investigation into your accident. As part of that investigation, your lawyer will determine who owns or manages the land on which the accident occurred.

    You do not have to bear the financial burden of your injuries simply because you do not yet know who owns or operates the property on which you are injured. Instead, it is important that you contact a New York premises liability attorney today at 1-800-362-9329 so that your lawyer can protect all of your legal rights.

  • What Are the Symptoms of a Tailbone Injury after a Slip and Fall?

    An injury to the tailbone, or coccyx as it is also known, can be painful and slow to heal. It is essential that you get proper treatment if you hurt your tailbone in a slip and fall. Tailbone injuries should be suspected and medical advice should be sought if you experience any of the following symptoms:

    • Significant pain or tenderness in the area of the tailbone
    • A bruise on or near the tailbone
    • Pain when you sit for a significant amount of time
    • Pain or difficulty with bowel movements
    • For women, pain during sexual intercourse

    You may be at risk for a tailbone injury if you fall on a hard surface and land in the sitting position. Thus, if you have recently been involved in a slip or trip and fall accident, it is important to consult with a physician about any of the symptoms described above that you may experience. If you slipped and fell on someone else’s property, then you should also speak with a New Jersey or New York premises liability lawyer for more information about your potential legal recovery. Call us directly at 1.800.362.9329 to schedule your free consultation.