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How Do Slip and Fall Cases Work?
New York City is full of traps for unsuspecting citizens. Pedestrians are exposed to constant risks such as tripping over cracked or raised sidewalks or slipping on food or drink left on a public staircase. Property owners that do not properly shovel and salt their sidewalks can expose pedestrians to highly dangerous black ice. A cleaning company could leave wax on a marble floor with no cones, warning tape, or signs to warn visitors inside of the building of the dangerous condition.
If you have slipped and fallen on someone else’s premises, you may be entitled to compensation if the responsible party did not keep his or her premises in a safe enough condition. The responsible party could be a landowner, a managing company, a tenant or a contractor.
If you are seriously injured in a slip and fall, it is imperative that you seek immediate medical attention for your injuries. The longer you delay treatment, the less the responsible insurance company will want to pay you. If you wait too many days before seeing a doctor, the insurance company may argue the accident did not happen when you claim it happened, or they may argue that your injuries are less serious because you didn’t seek urgent medical attention.
When Should I Get an Attorney?
Immediately after receiving initial medical treatment, you should contact skilled personal injury attorneys. Your attorneys will immediately preserve vital evidence necessary to win your case. Investigators can take high-quality photographs of the condition that caused the accident, if it is still available to be photographed. However, if the responsible party is aware of the accident, they may immediately try to repair the dangerous condition before it can be photographed. It is critical you contact experienced personal injury attorneys right away so they can obtain photographic evidence before it is too late. Furthermore, your attorneys can investigate whether any witnesses might exist that can help verify your claim. If there are other photographs or videos, they can attempt to secure them.
If you have suffered serious and permanent injuries because of the careless or negligent actions of a responsible party, your attorneys can start a lawsuit against them. The responsible parties will contact their insurance carrier, and they will hire insurance attorneys to defend them. Both sides will then exchange all information and documents they possess that are relevant to determining who is responsible for the accident as well as the nature and severity of your injuries.
The most critical part of a slip and fall case is often the depositions. At your deposition, the other side will have an opportunity to ask you any question they may have about the case. They will ask you many questions about the facts leading up to the accident, such as what you were doing, where you were looking, and what you were wearing, just to name a few questions.
Your attorneys may also hire experts necessary to understand the situation in its entirety. These experts can include a safety or engineering expert as well as medical experts. Your experts will craft a plan for trial that will give you the greatest possible chance of the greatest possible recovery.
In order to win the case, your attorneys must prove the other party was negligent in causing the accident. Property owners and managers may be responsible if they caused a dangerous condition or failed to properly address a dangerous condition they knew or should have known existed on their premises. If an individual slips and falls in a residential setting, to prove the landlord was negligent the landlord must have control of the hazard, repairing the hazard must have been reasonable, and the injury must have been a direct consequence of a failure to fix the hazard.
Do not speak with anyone but your attorneys about your case. You may receive calls from insurance companies, property owners, or others. They could use information that you provide against you. Your attorneys can handle all communication on your behalf if such a situation should arise.
Slip and fall cases can happen to anyone, and it is important that you quickly retain attorneys skilled in handling slip and fall personal injury cases to ensure you receive all compensation you are due. Experienced attorneys can provide you with all the necessary information to take on your case and inform you of your rights.