Immediately after slipping and falling, it’s natural to be embarrassed. In the days and weeks that follow, however, that feeling is often replaced by immense stress.
This is because even a seemingly minor accident can cause devastating injuries that pose major financial hurdles. From medical bills and lost wages to the cost of replacement services like housekeeping and meal preparation, the associated damages can add up incredibly fast.
If you slipped and fell on someone else’s property and you’re wondering how on earth you’re going to pick up the pieces, filing a personal injury claim may be the answer. Depending on the circumstances, it may be possible to hold the property owner accountable. Let’s take a look at what doing so entails:
1. How Do You Prove Liability for a Slip and Fall Accident?
When putting together your claim, the strongest evidence you can gather against the liable party will inevitably depend on the situation. Generally speaking, though, there are a few pieces of proof that almost always come in handy in slip and fall actions. These include:
· Photographs of the area where the incident occurred, including the hazard that caused the slip;
· Video footage of the accident;
· Eyewitness testimony;
· Incident reports; and
· Maintenance logs.
2. How Do You Demonstrate Damages for Fall-Related Injuries?
Every slip and fall claim that yields a payout is supported by sufficient proof of damages. Such proof typically includes medical records, receipts for reasonably necessary replacement services, paystubs tracking any missed work, and personal injury journal entries.
In New York, these are the kinds of damages personal injury claimants may recover, so any documentation associated with them will likely come in handy:
· Hospital bills,
· Lost wages,
· Lost earning capacity,
· Domestic help,
· Child care,
· Home and vehicle modifications,
· Mental anguish,
· Diminished quality of life,
· Physical impairment and disfigurement, and
· Pain and suffering.
3. How Long Do You Have to Sue a Property Owner After a Slip and Fall Accident?
If you can convince the insurance adjuster of both liability and losses, they should be inclined to negotiate. On the off chance that arriving at a satisfactory settlement is impossible, however, you may have to file a formal lawsuit.
In New York, the statute of limitations for doing so is usually three years. That means most injured parties have three years from the date on which they were hurt to bring a case. There are several exceptions to this filing deadline, however, some of which can shorten it considerably. As such, it’s wise to consult an attorney as soon as possible.
Discuss Your Case with a Slip and Fall Lawyer in New York
At Leitner Varughese, we’re proud to advocate for those who have been wronged by others. We counsel clients across New York City, Long Island, and throughout New York State.
If you were seriously hurt on someone else’s property, we’ll use all the resources at our disposal to help you seek justice. Call 855-585-2969 or submit the Contact Form on our website to schedule a free initial case review with a slip and fall attorney in New York.