Hiring a skilled Brooklyn trip and fall attorney can improve your chances of receiving compensation for injuries you suffered in a fall accident. You may be entitled to compensation for medical bills, lost wages, pain and suffering, future losses, and other damages.
Tlip and fall accidents can happen almost anywhere. You could slip on a wet floor in an apartment complex, slip and fall on ice in the parking lot of a business, or fall while visiting a tourist attraction such as Coney Island. In many cases, property owners and other individuals responsible for the premises have a responsibility to inspect the area and take corrective measures when a dangerous condition arises.
Injuries resulting from falls can be severe and life-altering. They can also lead to expensive medical treatment and ongoing care. As a result, victims of trip and fall accidents often face mounting medical expenses. In addition, their injuries can keep them from working, leading to loss of income. The emotional trauma from a fall can have long-lasting effects, as well. An experienced Brooklyn trip and fall attorney can work with you to address all aspects of your case, from proving the defendant’s negligence to establishing the full amount of damages you are entitled to receive.
Most people are familiar with the concept of trip and fall accidents; however, few understand how complicated these cases can be. Unlike most personal injury claims, a trip and fall claim involves a specific legal theory called premises liability. A premises liability lawsuit is a form of civil action filed against a property owner who is liable for a victim’s injuries sustained on their land or in their building.
To be successful in a premises liability suit, you must prove that the property owner failed to maintain their property in a safe and reasonable manner. This means that they neglected to fix an unsafe condition that they knew or should have known existed. In the case of a trip and fall accident, this means demonstrating that the property owner did not inspect the area for safety hazards, such as slippery floors or broken stairs.
Other examples of negligent maintenance include a failure to clean a walkway, failure to remove an obstruction that caused a trip and fall accident, or failure to provide adequate lighting in a walkway. All of these can be the source of a premises liability claim.
When you file a trip and fall lawsuit, it is important to gather evidence such as photos of the scene, witness statements, and police reports. Additionally, you must contact an experienced Brooklyn trip and fall attorney as soon as possible. They can help you determine the liable parties and their insurance companies, which will then negotiate the terms of a settlement. If a settlement cannot be reached, they can file a lawsuit and litigate the case on your behalf. By obtaining the appropriate compensation, you can ensure that you are able to afford your medical treatment and support your loved ones as you recover from your injury.
Tripping and falling over dangerous or faulty property is a common occurrence in Brooklyn. If you’ve been injured in this type of accident, you may be entitled to monetary compensation. Before you file a claim, however, there are a number of legal requirements that must be met. In addition, your case will be more likely to succeed if you have a Brooklyn trip and fall attorney on your side who understands these complicated legal issues.
The first step towards recovering damages from a slip and fall incident is filing a lawsuit with the defendant’s insurance company. If the claim is not successful, you may have to sue the defendant directly in court. If you are considering either option, it’s essential that you consult a Brooklyn trip and fall attorney immediately.
To win a slip and fall lawsuit, you must prove that the defendant breached their duty of care to keep their property reasonably safe. The law defines negligence as a failure to take reasonable care under the circumstances. In a slip and fall case, this could mean that the defendant did not clear ice or other slippery substances from a sidewalk within a reasonable time after snow stopped falling. It could also mean that the defendant failed to post a warning of an unsafe condition or failed to rope off or otherwise properly fix an existing problem.
You must also prove that your injuries and losses were caused by the accident. This includes your medical bills and lost wages. Many people with broken bones, back injuries, or sprains must miss work due to their injuries and these lost wages can be recovered in a slip and fall case.
Your Brooklyn trip and fall attorney will help you document your injuries through the testimony of medical professionals and by obtaining all of your medical records. These documents can be used to calculate your total damages. In addition, you should never sign a medical release form for an insurer or any other third party without consulting your Brooklyn trip and fall attorney. Medical releases allow third parties unlimited access to your personal medical history and can be used against you in a lawsuit.
One final issue that can affect your case is the concept of shared fault. If you are found to share any responsibility for your slip and fall accident, the amount of money that you receive can be greatly reduced. New York’s comparative negligence rules are complex and require the assistance of an experienced Brooklyn trip and fall attorney.
If you were injured on public property, such as a park or sidewalk, you may be able to sue the city itself in addition to the private property owner. However, these cases have special requirements and filing deadlines that must be met. Therefore, it’s important to consult a Brooklyn trip and fall attorney who specializes in claims against the government as soon as possible.