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The Law Offices of Frank J. Dito, Jr.

If you get hurt in a fall, make sure to fill out an incident report or else you may lose your case

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

Imagine you are walking into a crowded Broadway theater, having waited for months and spending a paycheck for the tickets. When you are heading down to your seat, you trip and fall over a torn carpet and tumble forward down the aisle. Your first reaction is that you are embarrassed all these people saw you fall and instead of waiting to make sure you are ok, you get right up hoping no one noticed. As you sit down in your seat, you start to feel pain and realize that you really hurt yourself. You painfully sit through the show and then when the show ends, just leave because you just want to get home. You take some Motrin and try to get to sleep but can't. In the morning, you you are in such pain that you go to the emergency room. To your surprise, the doctor tells you that you fractured your arm and will need surgery to repair the fracture. After your surgery, and extensive physical therapy, you call a lawyer for a consultation to see if you have a case. Besides your ticket stub and your word, that is all the proof you have. When your lawyer contacts the theater's insurance company, months after the accident, they have no record of you ever being injured on their property. Your case eventually gets before a jury and despite your lawyer's best efforts, your case is dismissed. Afterwards, your lawyer gets to speak with the jurors. They all tell him that they couldn't believe that you broke your arm inside a theater and stayed there the full two hours of the show without reporting the fall to an usher. 

If you happen to fall, make sure that you file an incident report with a representative of the place where you fell. If you cant find someone, at the very least take photos with your cell phone of where you fell. When you get to the emergency room and they ask you how the accident happened, make sure to tell them exactly where you fell. For more information on what to do after an accident, please contact us to receive you free book, The New York Accident Book