What Is the Process of Filing a Slip and Fall Claim?

Personal injury cases of any kind are very challenging for the victims and their families. Dealing with the many after effects of the incident can be stressful and be counterproductive in the healing process.

Thankfully, New York slip and fall lawyers such as ours at Gregory Spektor & Associates have the experience, expertise, and skills to fight for the rights of victims and work diligently to get them the compensation they deserve from the results of their injuries. Compensation for things such as medical bills, missed work, and pain and suffering may all be possible outcomes from a personal injury lawsuit.

One of the most common types of personal injury claims is a slip and fall claim. As with other types of these cases, slip and fall accidents are the direct result of someone else’s negligence or carelessness (in this case, property owners) and can result in serious injuries.

If you or a loved one has been injured at a property due to the negligence of the owner of that property, contact our attorneys at Gregory Spektor & Associates to discuss your case in a free consultation.

What Is a Slip and Fall Accident?

When people are out and about in the world running errands, shopping, or even working, there is a possibility that they may be injured throughout the course of the day. Whenever you are on a property, the property owner has a responsibility to maintain the safety of anywhere that other individuals may walk. From slippery floors at the supermarket to damaged or frayed carpeting in a hotel lobby, the condition of the property needs to be upheld and maintained by the property owner or those who work for him or her.

If an individual experiences a slip and fall accident at a property in New York due to the owner or employees’ negligence or failure to warn of a dangerous condition, that person may be eligible to file a slip and fall lawsuit against the property owner for any damages, losses, and injuries resulting directly from the accident.

If you think you have a slip and fall case, it is important to contact an experienced personal injury attorney such as ours at Gregory Spektor & Associates in New York to discover if you may be eligible to fight for compensation.

Steps for a Claimant to File a Slip and Fall Case Against a Property Owner

In New York, an injured party may be eligible to file a slip and fall case if it can be proven that the condition of the property and the failure of the property owner or his/her employees led directly to the injuries of the victim.

In general, an attorney will be the one to file a claim for their clients, in which case there is no limit on the recovery amount.

The usual steps that will be followed for the filing of a slip and fall accident claim include:

• Notify the defending property owner of the slip and fall case
• Notify the defendant’s insurance carrier that a slip and fall insurance claim (categorized as premises liability) will be filed
• Draft a summons and complaint
• Pay the filing fee to the court
• Proceedings for the slip and fall accident will begin following the filing and processing

It is important to note that there is a statute of limitations in place for slip and fall accidents, and if the plaintiff does not file their premises liability case prior to that date, they may have no legal recourse.

If the poor condition of the walking surface which caused the accident as well as the injuries of the plaintiff is on private property, the statute of limitations is three years (Civil Practice Law Rules Section 214). However, a Notice of Claim for slip and fall cases must be filed within 90 days for property which is held by the City of New York or any city agency.

An experienced slip and fall accident attorney will be well aware of these particular deadlines, so entrusting your slip and fall injury claim to lawyers such as ours at Gregory Spektor & Associates in New York is your best chance to get the optimal outcome for your claim.

Top Tips for the Best Possible Outcome of Slip and Fall Cases

When a slip and fall accident has occurred, the most important thing is safety. Once the safety and health of those involved have been ensured, then the victim or witnesses to the accident can take certain steps to help with the outcome of slip and fall cases.

These steps include:

• Calling for medical attention: When injuries have been sustained by one or more parties involved in the accident, the first and more important thing to do is call for medical professionals to care for the injured. Whether the injuries are visible from the start (broken bones, lacerations) or manifest later (brain trauma, whiplash), it is critical that an injury is checked by a qualified medical expert. The reports of these experts can also be used during the slip and fall injury claim proceedings.

• Determining possible causes of the fall and injuries: The cause of the accident may not be readily apparent, and the victim may not be able to remember the circumstances. Knowing if an object was in the path, the floors were slippery, or the location did not have a cleared walkway can provide critical evidence for the lawyer.

• Photographing and recording scenes of accidents and conditions of the areas: Before anything is moved or cleared away (except for the injured, of course), the scene should be photographed and/or video recorded to ensure that the law firm does not have to rely solely on the testimony of the injured party.

• Talking to witnesses: Getting the contact information of those who directly witnessed the fall can be critical so that the personal injury lawyer can reach out to them for corroborating statements.

• Filling out reports for accidents or other incidents: Some public places have their own accident reports to fill out. Be sure these are completed so that they can also be used for evidence in the case.

• Writing down the details: The more time that has passed since the incident, the less likely you are to remember exact details. Writing down everything you saw, heard, felt, or sensed immediately after the accident can be admissible in court.

All of these activities will assist attorneys with the litigation of slip and fall cases. With as much evidence and information about the scene, circumstances, and resulting injuries, a lawyer for slip and fall accidents can have the best possible chance of getting a favorable outcome for their clients.

Contact Our Injury Attorneys

At Gregory Spektor & Associates, our personal injury attorneys have the experience, skills, and knowledge to examine your claim, investigate the circumstances of the incident, talk to people at the location (store, rental property, apartment building, etc.), and develop the best legal strategy to help ensure a favorable outcome. We are willing to ask the tough questions, fight for your rights at trial, and demonstrate why your slip and fall injuries deserve compensation.

Our trip and fall clients are guaranteed to get high-quality legal representation because we draw upon our vast experience and comprehensive knowledge of this practice area. Whether you fell on the stairs or slipped on melted snow, our attorneys will work to get you compensation for your injuries from the negligent defendant responsible for your accident. Contact us today for a free consultation with one of our experienced trip and fall accident attorneys. You may be eligible for a cash settlement, and if we don’t win, you don’t pay!