In the aftermath of a slip and fall accident, you may wonder, “Can I sue for damages?” Your case may be complicated. You may not have the proper insurance coverage to cover the entire cost of your injury. You may be able to sue the owner of the property directly, but this option is not wise unless the property owner has sufficient assets. If you cannot recover damages from the owner of the property, you should consult a personal injury attorney to help you navigate the legal and insurance systems.
The property owner or manager is responsible for maintaining the premises, including sidewalks. They have a duty to keep their property free of dangerous conditions. If these conditions were not properly maintained, a property owner or manager could be liable for the accident. Injured victims may have a case if the owner failed to fix or block the sidewalk, or if the property owner did not remove dangerous debris.
The statute of limitations dictates how long you can file a lawsuit. In New York, the statute of limitations for a slip and fall case is three years from the date of the accident. If you are unable to file the lawsuit in time, you may not receive compensation for your injuries. As a result, you must act quickly to protect your rights and make your case as strong as possible.
Getting medical care after a slip and fall accident is critical. Seeing a doctor immediately after the accident will help you document the extent of your injuries and the costs you incur. Your medical records will verify the extent of your injuries and help you substantiate the pain and suffering you experienced. This is especially important if your slip and fall accident resulted in significant medical bills. In addition, you may have to miss work for a while, which is why seeking medical attention immediately is so important.
To make a case, you must show that the property owner was negligent in providing safe premises. A hazard should be obvious, but there must be evidence to prove otherwise. You will need to present evidence that the property owner knew of the hazard or did nothing to remedy it. If the property owner was not negligent, you may still be able to win your case. If you can prove that the property owner was negligent, you can claim compensation for your injuries.
Often, the insurance company will settle a slip and fall case. However, in some cases, the insurer may try to delay the process by denying the claim, underpaying or delaying it. However, time is of the essence in these cases, and filing a lawsuit before the statute of limitations expires will give you leverage and encourage the insurer to agree to a settlement. The sooner you file your lawsuit, the better.
Besides proving fault, your slip and fall accident claim should also establish damages. These damages can include medical bills and pain and suffering. Punitive damages may also be awarded, as the intent of this form of compensation is to punish the person who caused the accident. If you have been injured in a slip and fall accident, it is important to hire an experienced NYC slip and fall attorney to help you determine the appropriate course of action.
The first step you need to take in filing a lawsuit for a slip and fall accident is to contact the city in which you fell. A report will provide you with important information, including any witnesses that may have been present at the time of your accident. In addition, if your loved one was killed as a result of the accident, the surviving family members or friends may be able to sue the property owner for wrongful death. If you want to file a wrongful death lawsuit, your family will need to prove that the property owner was negligent. The statute of limitations for this type of lawsuit is two years in New York. Contact a premises liability attorney today to discuss your case.
If you suffer a slip and fall accident in a public area, you can also file a lawsuit against the property owner for damages. Slip and fall cases fall under premises liability, which means that the owner of a property must take steps to fix any hazards. In some cases, the property owner must pay for your injuries and compensate the injured party. If you are unable to recover damages, your slip and fall attorney will work on your behalf to recover compensation.