I Fell Onto My Shoulder in Brooklyn: Can I Sue?

If you fell onto your shoulder, you might have suffered a sprain, dislocation, or separation. These kinds of injuries can easily occur after slips and falls. But will your slip and fall lead to a valid personal injury lawsuit in Brooklyn? To answer this question, you’ll probably need to go beyond basic online research and speak with an actual attorney. Our Brooklyn slip and fall accident lawyer provides free, no obligation initial consultations. If you have any questions about your case, please do not hesitate to contact us today.
How Does a Slip-and-Fall Cause a Shoulder Injury?
Slips and falls can cause shoulder injuries in various ways. Although the shoulder may become injured after falling onto an outstretched hand (FOOSH), a direct impact to the shoulder can also occur. If you fall directly onto your shoulder, the relatively complex and delicate shoulder joint could become separated, dislocated, sprained, or fractured. As shoulder injuries may be more severe than you initially believe, it is imperative that you get immediate medical attention.
An Overview of Premises Liability in New York (Slip and Fall)
Slip and fall accident cases are premises liability cases. In New York, premises liability law imposes a duty on property owners and occupiers (businesses) to maintain reasonably safe conditions. To bring a successful claim, a slip and fall accident victim in Brooklyn must prove duty, breach, causation, and damages. Here is a key point:
- You must establish that the defendant created the dangerous condition or had actual or constructive notice of it. Actual notice exists when the owner knew of the hazard. Constructive notice exists when the condition was visible and apparent and existed for a sufficient length of time before the accident to permit discovery and remedy.
If there is no notice, there may not be liability. As a general matter for slip and fall accident claims, New York courts require evidence that the hazard was present long enough that a reasonable inspection would have identified it. Every serious slip and fall accident should be thoroughly investigated by an experienced Brooklyn premises liability lawyer.
Wondering What Your Shoulder Injury Claim is Worth? Contact Us for a Free Evaluation
Shoulder injury cases are complicated. Establishing liability is one aspect of the claims process. To secure full and fair financial compensation, you must also prove your damages. Through a premises liability claim in New York, injured victims have the right to seek compensation for both economic losses and non-economic losses. That includes medical bills, lost wages, and pain and suffering. Our Brooklyn slip and fall accident lawyer can help you determine what your case is worth. We have been there before: Learn more about shoulder injuries and accidents.
Key Takeaways
- Falls can cause various shoulder injuries, including separations, dislocations, and sprains
- If you fell due to some kind of hazard on someone’s property, a lawsuit could be possible
- Lawsuits can provide compensation for lost wages, medical bills, and other damages
Can a Slip-and-Fall Lawyer in Brooklyn Help Me?
A slip-and-fall lawyer in Brooklyn may be able to help if you’re recovering from a shoulder injury. If a property owner created the hazard that caused your fall, you should be able to hold them accountable. A lawsuit of this nature may provide compensation for medical bills and lost earnings, allowing you to recover as best you can. Contact Cohan Law, PLLC for more guidance. We have an office in Brooklyn as well as several other convenient locations throughout the region.
Sources:
emergeortho.com/news/shoulder-injuries-from-falling/
orthoinfo.aaos.org/en/diseases–conditions/shoulder-trauma-fractures-and-dislocations/
