There are many factors to consider when it comes to slip and fall cases. For one thing, negligence is a huge factor, meaning that a plaintiff may be partly or entirely responsible for the accident that led to their injuries. A slip-and-fall lawyer can help you determine whether you are eligible for compensation.
Negligence Is A Factor In Slip And Fall Accidents.
Negligence occurs when an individual fails to meet their duties and causes harm to another person. For example, if a broken step causes a guest to fall and sustain injuries, the property owner may be liable for the guest’s injuries. However, if the property owner did not know that a step was dangerous, they may be exempted from liability. According to Hassett & George, P.C., the plaintiff must first identify the responsible parties to file a slip and fall accident lawsuit. The fault may lie with an individual tenant or employee, but other parties may also control the accident site. These may include a business owner, a landlord, or a property owner. Fortunately, most responsible parties have liability insurance. Slip and fall accidents on public property have special considerations. One of them is the principle of sovereign immunity. In the past, an individual could not sue the government for negligence, but this rule has been altered in modern times. A government entity can be sued for negligence under certain circumstances but must comply with strict notice and time limits.
Plaintiff May Be Partially Responsible For The Accident.
A slip-and-fall accident can occur in seconds, but the pain, suffering, and medical bills can last for a lifetime. A slip-and-fall attorney may help you make a case against a negligent store owner or commercial property owner to get the compensation you deserve. Unfortunately, the store owner or property owner will likely try to blame you for the accident, but it is not impossible to fight back.
In addition to handling the case paperwork, your slip-and-fall lawyer may help you determine if the lawsuit should be filed. To determine whether your case is valid, you will need to determine whether the defendant was partially or totally at fault for the accident that caused your injuries.
Compensation
Slip and fall accidents are often painful and life-changing, and a slip and fall attorney can help you get the compensation you deserve. The first step to getting compensation is to identify who is liable. If you were on someone’s property and they failed to take steps to keep it safe, you might be entitled to compensation based on negligence. You should take pictures of the scene, the damage caused by the fall, and any injuries sustained. You should also keep records of any medical treatments you received. It may be a good idea to keep a record of all property damage. In this way, you can prove that the property owner was negligent.
Other Situations
Slip and fall accidents are extremely common, and they can leave you with serious injuries. While some people may simply be clumsy and slip and fall from a hazard, many slip-and-fall accidents are caused by property owners’ negligence. When you experience a slip and fall accident, contacting a reputable New York slip and fall lawyer is important to help you determine how to proceed.
First and foremost, you should contact a slip and fall attorney as soon as possible. Although some people may feel uncomfortable pursuing a lawsuit, you should not delay the process. A lawyer can explain the litigation process and help you make the best decision. In many cases, settlements can be reached without litigation, and the property owner’s insurance policy will be responsible for paying the compensation.
If you cannot recover full compensation in a slip and fall case, you may be able to file a claim for damages against the negligent property owner. However, insurance companies are not always so quick to part with their money, and they often struggle to secure an initial offer.