Bronx Slip and Fall Lawyers
Millions of people suffer injuries as a consequence of slipping or falling each year. Seniors account for a large portion of these numbers, where they are at a higher risk of suffering injuries or fatality from unintentional falls. Accidents can happen anywhere and usually occur on another person’s or entities’ property, which may make the victim eligible to recover damages should they slip or fall, due to negligence of the property owner. If you or a family member have suffered an injury from a fall and believe it was due to negligence, give us a call today at Bronx Personal Injury Lawyers so that we can make sure we work to get you the compensation you are due!
Property conditions that can lead to slipping or falling
There are many reasons someone can slip or fall on a property. Some of the most common reasons are due to negligence, which includes; un-cleared snow or ice from the sidewalk, stairwells not built to code, loose railings, inadequate lighting, slippery floors from waxing without warnings, or liquid spill. Failure to warn any visitors of the above on the property is negligence of the property owner and any victim as a result of this will be eligible for damages such as any medical expenses now or in the future, loss of income during the healing process, loss of earning capacity in future, if you are no longer able to work, or for any pain and suffering caused.
Do I have a legitimate claim?
Property owners and their insurance carry a risk for Personal Injury Claims and in turn, will try to use multiple strategies to avoid paying damages. They may try to deny liability and suggest that you are at fault for the injury caused. In New York, pure comparative negligence is applied to any personal injury case, which means that with each case the court will apply a percentage of faults to each party. Despite this, if you can provide all correspondence regarding your medical treatments and a medical professional can confirm that the injury was caused by that slip or fall, you may have a legitimate claim to file.
Proving Fault
The property owner or entity is not always at fault for a slip and fall on their premises, as they are not always responsible for, or able to, instantly remove any slippery substance or obstruction form the floor. In order for them to be legally responsible for injuries, the following needs to be proven; The owner must have directly caused the spill, made the dangerous surface, placed an obstruction in the way, or have neglected property maintenance. The owner needs to have known about the issue and have done nothing to rectify the situation. Proving this may be difficult, and so having a specialized lawyer on your side is always recommended!
Timeline
The time that a case takes from start to finish can depend on a variety of factors. It can take anywhere from a month to a year, depending on the details of the case. Like other cases, a slip and fall case needs to go through specific stages. First, we will prepare a summons which will explain the nature of the claim, giving the defendant 20 days to respond. Second, the defendant should submit their answer to the summons. The claimant will then opt to move on to the discovery phase, where both parties involved will learn as much as possible about the case. Then the pre-trial motions begin, where both parties will have the opportunity to resolve the issues. If there has been no resolution with the above, the trial will proceed. If you would like to learn more about the claim process or find out whether you are eligible to make a claim, contact Bronx Personal Injury Lawyers today.
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