If you or a loved one have suffered a parking lot injury, whether from slipping and falling or some other means, we can help. Here at The Law Offices of Michael S. Lamonsoff, our team of parking lot injury lawyers in New York City have over 100 years of experience fighting premise liability and personal injury cases and are dedicated to getting you the compensation you deserve.
Causes of Parking Lot Accidents and Injuries in New York
Here are some of the common causes of parking lot accidents and injuries:
- Poor Lighting: Inadequate lighting can lead to trips, slips, and falls, especially during nighttime or in poorly lit areas of the parking facility.
- Uneven Surfaces: Cracked or uneven pavement, potholes, and debris can cause pedestrians to trip and fall, resulting in injuries.
- Lack of Maintenance: Failure to maintain the parking lot or garage, including neglecting repairs and upkeep, can create hazardous conditions for pedestrians and vehicles alike.
- Slippery Surfaces: Spills of oil, water, or other substances can create slippery conditions, increasing the risk of slip and fall accidents.
- Defective Design: Poorly designed parking facilities with narrow spaces, inadequate signage, or confusing layouts can contribute to accidents and injuries.
- Poor Visibility: Limited visibility due to blind spots, obstructed views, or overgrown vegetation can pose hazards for pedestrians walking through the parking area.
- Inadequate Snow and Ice Removal: Failure to promptly remove snow and ice from parking lots and garages during winter weather conditions can create slippery surfaces and increase the risk of accidents and injuries.
Types of Accidents and Injuries in Parking Lots and Garages
Slip and Fall Injuries
These can result in fractures, sprains, strains, bruises, and head injuries due to slips on wet or uneven surfaces, debris, or icy patches.
Vehicle Collisions
Pedestrians or occupants of vehicles can sustain injuries ranging from minor bruises to severe trauma, including whiplash, concussions, fractures, and internal injuries.
Crush Injuries
Pedestrians may be pinned or trapped between vehicles or against fixed structures, leading to crush injuries, fractures, internal injuries, and even amputations.
Head and Brain Injuries
Concussions or traumatic brain injuries (TBIs) can occur from impacts with vehicles, pavement, or other hard surfaces, leading to cognitive impairments, memory loss, or permanent disabilities.
Back and Neck Injuries
Sudden jolts or impacts from accidents can cause strains, sprains, herniated discs, or spinal cord injuries, resulting in chronic pain, mobility issues, and neurological deficits.
Soft Tissue Injuries
Whiplash, muscle strains, and ligament sprains are common soft tissue injuries resulting from the sudden acceleration-deceleration forces experienced in parking lot collisions.
Cuts and Lacerations
Broken glass, sharp metal edges, or protruding objects in parking lots can cause cuts, abrasions, or puncture wounds, potentially leading to infections or scarring.
Psychological Trauma
Being involved in a parking lot accident can cause emotional distress, anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological injuries requiring counseling or therapy for recovery.
Our parking lot injury lawyers in New York City are here to help. Contact us if you or a loved one have experienced any of the above or similar injuries.
Private vs. Public Parking Lot Personal Injury Claims in New York
Ownership and Control
Private parking lots in New York City are typically owned and managed by individuals, businesses, or organizations, while public parking lots are owned and operated by government entities or municipalities, such as the New York City Department of Transportation.
Legal Standards
The legal standards for liability may vary between private and public parking lots in New York. Private property owners owe a duty of care to visitors to maintain safe premises and address known hazards. Public entities in New York also have a duty to maintain reasonably safe conditions under premises liability laws.
Notice Requirements
In New York, there may be differences in the notice requirements for bringing a claim against a private entity versus a public entity. For example, there may be shorter notice periods or different procedures for filing claims against government agencies like the New York City government.
Government Immunity
Government entities in New York may be entitled to certain immunities or limitations on liability under state or municipal laws. This can impact the ability to sue and recover damages for injuries sustained in public parking lots, but such immunity may be waived under certain circumstances.
Insurance Coverage
Insurance coverage for injuries may differ. Private property owners may have liability insurance to cover accidents on their premises, while public entities may be self-insured or covered by governmental immunity funds.
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Contact UsStatute of Limitations for Parking Lot and Parking Garage Accidents in New York
In New York, the statute of limitations for personal injury claims, including those stemming from parking lot accidents, is typically three years. However, there are exceptions to this. This means that individuals who have been injured in parking lot accidents generally have one to three years from the date of the accident to file a lawsuit looking for compensation for their injuries. When a public parking lot or garage is involved, a Notice of Claim must be filed within 90 days.
The specific length of the statute of limitations can vary depending on several factors, including the nature of the claim, the extent of the injuries, and the identity of the defendant. For instance, claims against government entities may have shorter deadlines and different procedural requirements compared to claims against private individuals or businesses.
Consult the qualified NYC personal injury attorneys at the Law Offices of Michael S. Lamonsoff, PLLC, to ensure that you understand your legal options and that your claim is filed within the appropriate time frame.
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Unfair Tactics of Insurance Companies to Deny Parking Lot Injury Claims in New York
Here are a few unfair tactics commonly used by insurance companies in New York City to lowball claimants in these cases:
- They may assert that your injuries pre-existed the accident or were unrelated, diminishing their liability.
- Adjusters might attempt to shift blame onto you or argue their insured party bears no responsibility.
- They could downplay the severity of your injuries or dispute medical evidence to minimize compensation.
- Insurance companies may prolong the claims process with excessive documentation requests or unnecessary examinations.
- Initial settlement offers may be significantly below the true value of your claim, exploiting your financial pressure or frustration.
- Surveillance may be used to gather evidence contradicting your injury claims or suggesting lesser severity.
- They may argue lack of medical treatment to diminish the severity of your injuries.
- They may request recorded statements to catch you off guard and then use them against you.
- Denying coverage based on policy exclusions or technicalities, such as missed deadlines.
In the face of insurance companies' tactics to undermine or deny compensation for parking lot injury claims, Michael "The Bull" Lamonsoff and his team act as relentless advocates for clients. With years of experience and a deep understanding of personal injury law, we know the strategies insurers use and how to counter them effectively.
The Bull and his team conduct thorough investigations, gather compelling evidence, and work with leading experts to substantiate the extent of clients' injuries. Our attorneys are prepared to challenge any attempts to downplay the severity of your injuries or shift blame onto you.
Our Trial Attorneys have the Skills and Resources to Take on Large Insurance Companies and Powerful Defendants
The Law Offices of Michael S. Lamonsoff can help you get the compensation you rightfully deserve after your parking garage or parking lot injury. Attorney Michael S. Lamonsoff, aptly called “The Bull”, has a reputation for being relentless until every last dollar is obtained from all the defendants for his client. Our firm has consistently achieved large settlements for clients, including $1 million awarded to a pedestrian who tripped over a broken pavement.
To schedule your free case evaluation with our New York City parking lot and parking garage lawyers, call us at 212-962-1020 or reach us online.