Slip and fall accidents are common in a bustling city like New York, where thousands of people rush through the crowded streets every day. Unfortunately, these accidents can lead to serious injuries, leaving victims to deal with mounting medical bills and lost wages. If you have been involved in a slip and fall accident, winning your case will become a necessity to secure the compensation you deserve for recovery. An experienced slip and fall lawyer nyc will offer the support you require to get through this difficult time.
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Understanding the Basics of Slip and Fall Cases in NYC
In New York, slip and fall cases fall under the umbrella of premises liability. Property owners are legally obligated to maintain safe conditions on their premises, ensuring that visitors are not exposed to unnecessary risks.
This means that if a property owner is aware of a hazardous condition, they are responsible for taking action to ensure the safety of people using the premises. A hazardous condition might not be visible upon immediate observation. This is why slip and fall accidents happen. For example, a wet floor or an uneven pavement is not easily noticeable for people rushing through the area.
Slip and fall accidents are common with pedestrians due to this reason. Most often, pedestrians walk fast during busy commuting hours. In the case of pedestrian slip and fall cases, you need to seek help from a pedestrian accident attorney nyc.
The Pure Comparative Negligence Rule in New York
The New York state follows a pure comparative negligence rule. This means that even if you are partially at fault for the accident, you can still recover damages. However, in this case, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found to be 30% at fault, your compensation will be reduced to $70,000.
Although the comparative negligence law in New York seems to make it easier to recover damages, in the case of slip and fall accidents, the defendant may build a case where you may be barred from recovering damages if you are proven to be partially responsible. Hiring a trusted slip and fall lawyer in NYC is essential to make sure that you receive the deserving compensation.
Legal Strategies Used by NYC Slip and Fall Lawyers
Winning a slip and fall case completely depends on the strength of the evidence. Therefore, NYC slip and fall lawyers document the accident scene carefully by investigating every aspect. They take photographs of the area where you fell with detailed visual proof of the hazard that caused your fall.
Your accident lawyer in New York will also advise you to report the accident to the property owner immediately. This is critical to build a strong case as the defense could argue that the slip and fall accident never happened or that your injuries are unrelated if you don’t report the accident officially on time.
Furthermore, accident lawyers ensure that their clients seek medical treatment even if the injuries appear to be minor as delayed treatment can not only increase your health risks but it can also weaken your case as a sense of doubt is created regarding the nature of your injuries.
The slip and fall lawyer initially sends a demand letter to the property owner or their insurance company with an outline of the case and the compensation you seek. This is the starting point for negotiations. Although insurance companies may try to lowball you in this state, experienced accident lawyers will continue to negotiate for fair settlements.
If the negotiations fail, accident lawyers in New York start preparing with litigation as this preparation strengthens your negotiation position. This is because insurance companies do not want the threat of a trial as it’s more expensive and time-consuming.
