Injuries sustained in a slip and fall accident law practice often require emergency room visits, surgery, physical therapy, and ongoing medication. A dedicated NYC personal injury lawyer knows how to calculate the full cost of these expenses and related losses.
To be compensated, injured claimants must prove that a property owner created or knew about a hazardous condition and failed to take reasonable steps to fix it. There are many factors that can complicate this task.
Damages
A settlement in a slip and fall lawsuit often includes compensation for medical expenses, lost wages from missed work due to injuries, the value of household services, and loss of union or overtime pay. Damages for pain and suffering may also be included in the settlement.
The property owner of a store, office building, hotel, apartment complex, private residence, or public walkway must be held responsible for unsafe conditions on the property. They should have either corrected the condition, posted a warning or notice, or roped off the area to prevent injury. Victims can also seek punitive damages in some cases for the defendant’s extreme neglect or intentional wrongdoing. The experienced New York City slip and fall lawyers at The Barnes Firm have a track record of helping clients maximize their settlements. They can help you obtain the proof you need to win your case.
Statute of Limitations
When a person slips and falls on private property, they can sue the at-fault owner or possessor for negligence. However, there are strict time limits – known as statutes of limitations – that must be adhered to or else the victim may lose their right to pursue legal action.
It is important to hire an experienced attorney well before the statute of limitations deadline passes. This gives the team a head start and provides them with the best possible chance of winning the case.
In some cases, additional parties might need to be added to a lawsuit after the time limit has passed. This could include the manufacturer of a floor or walkway, subcontractors working on a construction project, and more. If you share fault for the accident, it is also important to understand how New York’s comparative negligence laws might affect your compensation. For example, if a jury finds that you were 40% responsible for the accident because you failed to pay attention while crossing an intersection, your compensation award will be reduced by that percentage.
Shared Fault
It’s important to remember that when bringing a slip and fall lawsuit, a court may find that you share some of the responsibility for your injuries. This principle is known as comparative fault and it can affect your recovery.
In some cases, a property owner may be held partially responsible for the accident if they have not taken reasonable steps to protect visitors from dangers on their property. This includes a failure to adequately clean a hazard or warn people of it by setting out “Caution” signs. It can also include ignoring safety regulations in the workplace or failing to properly fence off construction sites.
Your attorney will help you prove the existence of a hazardous condition that caused your injury by examining police reports, witness testimony, medical records and expert opinions. He or she will also try to establish a link between that dangerous condition and your fall and the extent of your injuries.
Insurance Companies
Slip and fall accidents can cause serious injuries that require extensive treatment. Injuries range from sprained ankles to head trauma that leaves the victim with life-altering disabilities.
Your attorney will determine if your injuries were caused by property owner negligence and file a claim based on premises liability. This involves asserting that the property owner owed you a duty of care as an invitee, licensee or trespasser and failed to keep their property safe.
Documentation is crucial to your case, and you should not sign any documents or accept a settlement from an insurance company without first consulting your lawyer. Our attorneys will fight to ensure you receive fair compensation for your injuries. We will also pursue government tort claims where appropriate, although these are complex and subject to different time limits.