Slip and Fall Claims Require the Help of a Personal Injury Lawyer
If you've suffered an injury during a fall or slip you might be able to claim compensation. However it is essential that you go through complicated court procedures and filing deadlines.
Your claim is contingent on the evidence of your losses, or "damages." A personal injury lawyer can assist you to determine these costs and seek maximum compensation.
Damages
Accidents involving slips and falls are usually associated with medical expenses, home healthcare and loss of wages. Victims who have been injured are entitled to compensation for these economic damages in addition to their pain and suffering. A New York City slip-and-fall attorney can help you claim these damages as compensation.
A lawyer can also assist to establish negligence by identifying an unsafe condition and showing that the owner or occupier was aware about it but did nothing to rectify the issue, put up warnings, or rope off the area. Falls and slips can be severe, including fractured bones, head trauma, and traumatic injury to the brain. Injured victims must seek prompt medical attention to ensure that their injuries are appropriately diagnosed and treated.
Some slip and falls claims involve public property, such as the subway platform or the city park. Different rules apply for these types of claims. A NYC slip and falls lawyer with experience can assist injured victims file a lawsuit against the city and ensure the legal requirements are fulfilled. This includes complying with the strict limitations statutes.
Expert Witnesses
In certain situations an attorney who specializes in personal injury may recommend you employ expert witnesses to prove your claims. Expert witnesses can cost you a bit, but could make a big difference in your case.
Expert witnesses are experts who provide information and advice that are difficult to verify through other methods, such as eyewitness testimony. Expert witnesses can help you understand complex questions that can arise during a trial, and assist your lawyer in proving your case.
In most slip and fall cases, the defendant is likely to make use of legal defenses. One defense they could make is the argument of comparative negligence which states that if you share the blame for your accident with the defendant the damages will be diminished by the proportion of fault you have. An experienced NYC slip and fall lawyer will be able to counter these defenses. It is also important for victims to document the incident as well as they can. This includes taking photographs of the scene as well as preserving any evidence that might be lost over time, for instance a snowbank or an evaporation puddle.
Insurance
You have the right to receive compensation if you suffer an accident involving a slip-and-fall. This includes financial damages, such as medical bills and lost wages, as well as other damages that are not economic, such as pain and suffering.
An experienced personal injury lawyer can guide you through the process of obtaining damages as well as navigating the complex legal system. They can assist you in building an argument that is strong by showing four elements: duty breach, causation and damages. They can also assist you to comply with any legal deadlines and make a claim if needed.
If you've been injured in a slip and fall accident, it's vital to seek medical attention as soon as you can. This will help prevent your injuries from getting worse. Prompt medical attention can also help you document your situation. A doctor can also establish whether you've suffered delayed injuries like brain or head damage. In New York, these injuries are able to be compensated under the comparative negligence law. If you are partially responsible for your injuries, the amount you receive will be reduced according to the percentage of fault you have. This is why it's important to work with a knowledgeable NYC personal injury attorney.
How to File a Claim
If you have been injured in a slip and fall accident, you should not talk with anyone other than your personal injury lawyer. Be careful who you talk to. can help you avoid any claims that could be used against you later on in your case. It is also essential to seek medical attention right away after an accident, so that you can document any injuries.
Your lawyer will look into the circumstances that led to the accident and the injuries you sustained. He or she will work to show that the property owner was negligent when maintaining their property. This could mean proving that the owner was aware of an issue but failed to fix it or issue an announcement.
personal injury lawyers near me will know different rules that apply to who owns or controls the property where the accident occurred. Business owners, for instance are required to provide a higher standard of care to their customers than homeowners do to their guests. If the accident occurred on public property such as the subway station or a park, there could be specific rules, such a short filing deadline.
Trial
Some types of personal injury claims don't require an attorney's assistance to make a claim. For instance, you could be able to make an injury claim on your own following an accident that is minor and the it is clear who was at fault. Slip and fall accidents however, are distinct.
In a slip and fall case, the first step is to determine how your injuries happened. This involves determining exactly the way you went from walking down a aisle in a shop (or the stairs) to being injured on the ground.
The lawyer will also look into whether your fall could have possibly prevented, and if the property owner had a duty to maintain their premises in a safe manner. This is vital because a successful slip and fall claim requires that you prove the negligence of the property owner.
If the accident occurred at work your lawyer will determine whether or not it could be classified as a worker compensation claim. In this instance you must comply with the guidelines of your state's worker's compensation. Personal injury lawyers can explain them to you in greater detail.