Did you know that if you are injured in a slip and fall accident, you may be able to file a claim against the property owner together with New York slip and fall attorneys? If you have been injured as a result of a hazardous condition on someone else's property, it is important to understand your legal rights.
What is a slip and fall claim and what are the eligibility requirements for filing one in New York State?
A slip and fall claim is a type of personal injury claim that can be filed when someone is injured due to a hazardous condition on another person's property. In order to file a slip and fall claim in New York, there are certain eligibility requirements that must be met.
- First, it must be shown that the property owner was aware of the hazardous condition and did not take reasonable steps to fix it.
- Second, it must be shown that the victim was not aware of the hazardous condition and could not have reasonably avoided it.
- Lastly, it must be shown that the victim's injuries were caused by the hazardous condition.
If you meet these requirements and would like to file a slip and fall claim, there are certain steps you must take in order to do it right.
- First, you must send a notice of claim to the property owner through a New York premises liability lawyer. This notice must include your name, address, telephone number, and a description of the accident. You have 90 days from the date of the accident to file this notice.
- After filing the notice of claim, you will then have to wait for 30 days before filing a lawsuit. If the property owner does not respond to your notice of claim within that time frame, you can proceed with filing a lawsuit against them.
- If you choose to file a lawsuit, it must be filed in the civil court system in New York. It is important to note that slip and fall cases are usually handled as personal injury cases rather than premises liability cases. This means that you will need to prove that the property owner was negligent in some way in order for your claim to be suc
- Some ways that you can do this is by showing that the property owner knew or should have known about the dangerous condition and did not take steps to fix it, or that they failed to warn visitors about the hazard.
- If you are able to successfully prove that the property owner was negligent, you may be able to recover damages such as medical expenses, lost wages, and pain and suffering.
If you have been injured in a slip and fall accident, it is important to seek legal assistance as soon as possible. An experienced New York personal injury attorney can help you navigate the claims process and ensure that your case is successful.
How to prove that the property owner was negligent in maintaining a safe environment
In cases such as these, proving that the property owner was negligent can be difficult. You will need to show that the property owner knew or should have known about the hazardous condition and failed to take action to fix it or warnings to make visitors aware of it.
There are a few ways you can go about doing this:
- Reviewing security footage of the accident.
- Speaking with witnesses who saw the accident happen.
- Examining pictures or videos of the scene of the accident.
- Obtaining a copy of the incident report filed by staff member
If you are able to successfully prove that the property owner was negligent, you may be able to recover damages such as medical expenses, lost wages, and pain and suffering. It is important not to wait too long to take legal action, as there is a statute of limitations in place for slip and fall accidents in New York. You have three years from the date of your accident to file a claim.
What damages can be recovered in a lawsuit
When it comes to these types of lawsuits, you will be able to recover the following damages:
- Medical expenses.
- Lost wages.
- Pain and suffering.
In addition, you will also be able to claim for property damage if any of your belongings were damaged in the accident. If you have been injured in a slip and fall accident, don't hesitate to call an experienced personal injury attorney today to discuss your case. You may be entitled to compensation for your injuries and damages.
How to find an experienced personal injury lawyer to represent you in your case
The most important part of the process is finding a well-experienced personal injury lawyer to represent you. A good place to start is by asking your friends or family members if they know any lawyers that have handled slip and fall cases before. You can also look online for personal injury lawyers in your area that specialize in these types of accidents. Once you have a list of potential lawyers, you should set up consultations with each one to see if they are a good fit for your case.
Be sure to bring all relevant paperwork, such as police reports, medical records, and witness statements, to the consultation so the lawyer can get a better idea of your case. If you decide to hire a particular lawyer, be sure to ask about their fee structure and how they will bill you for their services.
New York is a “pure comparative negligence” state, which means that you can recover damages even if you are partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, you can only recover 80% of your damages.
