Chances are, if you have been injured in a slip and fall accident, you are entitled to some legal compensation for your injuries. In most cases, the property owner or whoever is responsible for the premises where you had your accident, is liable to pay the damages. It’s best to understand where you stand and how you can make a solid case. Let’s get into more detail about how you can file a lawsuit and receive legal compensation for your slip and fall accident.
Proving Liability
To pursue a claim, you will need to provide evidence that the property owner was negligent in maintaining the premises, resulting in your being harmed. This is called establishing liability and is an essential step in a slip-and-fall claim. A good way to prove that the property owner or manager was negligent is to show that they knew about the hazardous condition (but did nothing about it) or that a reasonable person should have known about the hazard and taken steps to fix it. Several causes could be responsible for slip and fall accidents, including wet floors, broken stairs, spilled food or drinks, and inadequate lighting -among others.
You will also have to exempt yourself from any contribution to the accident by showing that you were following all safety protocols and behaving responsibly when the incident happened. Most of the time, this will require taking photos of the scene, and gathering witness statements and other types of evidence that can help to build your case.
Filing a Lawsuit
If you have sufficient evidence for your case, the next step is to file a claim for damages. This will depend on the jurisdiction you are in, as well as the type of incident you experienced. Most types of slips and falls will qualify for a personal injury claim, allowing you to seek legal compensation for your injuries. You are also likely to start with filing an insurance claim with the property owner’s insurer – if they have one. They might offer you a settlement right away, but if that is not enough to cover all your damages, then you might need to file a lawsuit.
In any case, it is important to hire an experienced slip and fall lawyer at Friedman Levy in New York City who can help you through the process. They will be able to evaluate the facts of your case, assist with filing documents and negotiating with insurance companies, and represent your interests in court if necessary. It is also important to note that most personal injury cases are subject to a statute of limitations, which sets a deadline for filing a claim against the responsible party.
Depending on the state laws and particular circumstances of your case, the property owner may be found partially or completely liable for your injuries. This will ultimately dictate how much compensation you will receive, which can range from 100% of your damages in the case of total liability, to just a percentage if you are found partially liable.
Conclusion
You can expect to receive legal compensation if you can show that the property owner was negligent in maintaining the premises. This will require gathering evidence, filing an insurance claim, and possibly even taking legal action. Keeping track of these details can be tedious at times but they are beneficial for a case. However, it is important to note that every case is different, and the resolution will depend on a variety of factors. It’s best to talk to an experienced legal professional who understands all of these different factors.
