You are not required to have a lawyer to file a slip and fall insurance claim or lawsuit. That being said, an attorney can provide additional context and information, such as when to negotiate with an insurance company and when to file a lawsuit. They can also help you understand what your case is worth.
A Lawyer on Our Team Can Offer Individualized Support
One of the primary ways a lawyer from our team can help your slip and fall claim is by being an intermediary between you and the other party. The priority of insurance companies and negligent parties is to avoid paying your expenses; they are not on your side, nor do they necessarily have your best interests at heart. By contrast, our firm’s only job is protecting your right to pursue damages.
The support of a lawyer from our team can take the form of:
- Arguing for medical treatments
- Securing transportation to appointments
- Reviewing settlement offers
- Communicating with the other party
- Gathering evidence
- Consulting experts on your prognosis
- Explaining laws and rights
- Keeping you in the loop
Some people may only associate lawyers with more dramatic legal tasks, such as structuring court arguments, speaking legalese, and only taking on cases with catastrophic injuries. In reality, slip and fall attorneys are concerned with the everyday details of your situation, from the doctors you see to the anxiety you experience due to the accident.
Our team can help through all aspects of your case, big and small.
We Can Help You Understand Your Case’s Worth
Your main worries are likely current medical bills and wages already missed. However, a lawyer from our firm can fight for damages that cover not only what you already lost but also what you may pay in the future. When representing yourself, you run the risk of settling for compensation that doesn’t reflect all of your losses. Case valuation is based on factors, such as:
- Level of injury
- Injury permanence
- Your age and health
- Impact on your job
- Reduced earning capacity
- Diminished quality of life
- Pain and suffering
- Impact on dependents
- Changes to relationships
- Future medical expenses
For example, the value of a case involving a healthy 35-year-old who breaks their arm could be very different from one involving a senior who breaks a hip.
The average hospital stay of someone 65 and over in New York is seven days, according to the Bureau of Occupational Health and Injury Prevention—and long hospital stays could come with major costs. Older victims also may develop pneumonia and face an increased risk of falling again.
Your case value could take these factors into account.
We Can Investigate and Use Expert Testimony
Our legal team consults experts to arrive at a case value that reflects your past, present, and current health needs. To build your evidence file, some authorities we may utilize are:
The other party may attempt to lowball their offer. Having an idea of what your case is worth can prevent you from facing unexpected expenses later, with no recourse for further damages.
We Can Help You Know when to File a Lawsuit
Our injury team can help discern when to take stronger action, taking your insurance claim and instead filing a personal injury lawsuit. Filing a suit can depend on:
- The negligent party’s insurance coverage
- Whether negotiations have stalled
- Disagreement over a claim’s worth
- Denial of coverage or treatment
- How fault is divided or assigned
This may have several steps. We can inform the other party that we are exploring taking legal action, which may help persuade them to negotiate further.
Most people want to avoid a lawsuit. However, we understand the nuances of this part of the negotiation and know when to play certain cards in pursuit of compensation.
Our Lawyers Have Knowledge of Unique Laws and Deadlines
Some slip and fall cases become complicated and can greatly benefit from a deeper understanding of premises liability laws and property owner obligation. You may want to consult one of our lawyers if your case involves:
- Liability waivers
- Multiple parties
- Property ownership disputes
- Claims that you contributed to your injury
- Pre-existing conditions
- Claims that the property defect was “trivial”
If you have questions about whether you have a right to pursue a claim, a premises liability attorney from our team can examine your case to determine your eligibility.
If You Fell on Government Property
The statute of limitations for filing a slip and fall case in New York is three years from the date of the accident (CVP § 214). However, if you fell on city or state property, your filing window may be different. Moreover, you may need to file a notice of making a claim.
Our lawyers can inform you of your exact filing deadline and handle other paperwork that may need to be prepared.
A Lawyer From Our Team Can Answer Your Questions
Although you do not need a lawyer for your slip and fall claim, consulting one can help you understand your rights so that you are not intimidated into abandoning your claim or taking a lower settlement. The Law Office of Cohen & Jaffe, LLP is ready to help you with any aspect of your New Hyde Park case, from challenges in receiving medical treatment to concerns about what you can pursue.
Call our office today for a free consultation at (516) 358-6900.
For a free legal consultation, call 516-358-6900