The National Safety Council (NSC) reports that “third leading cause of unintentional injury-related death is falls.” If you recently slipped and fell, or were otherwise injured on someone else’s property, you may be facing mounting medical bills and financial distress stemming from your accident.
You may want to minimize expenses and may be wondering how a lawyer could help you with your premises liability case—and whether the cost is worth it. Here is how a premises liability lawyer may help you throughout the process of a legal case for compensation.
Your Lawyer Will Begin by Investigating Your Claim
A premises liability lawyer can investigate your accident and determine if you have a viable claim. He or she can determine whether there was a dangerous condition that substantially contributed to your accident, for instance. Some of the dangerous conditions that may result in premises liability cases include:
- Wet floors
- Unclean floors
- Recently waxed floors
- Poor lighting
- Negligent security
- Hazards that visitors were not warned about
- Torn carpet, tile, or other flooring material
- Uneven flooring surfaces
- Missing handrails
- Other conditions on the property that do not meet relevant building or safety codes
- Failure to maintain property
Additionally, a premises liability lawyer can gather evidence to help establish how an accident occurred, such as:
- Security camera footage of you slipping and falling, or your attack by criminals
- Photos of the accident scene
- Inspection records that indicate that the property owner knew about the hazard or did not inspect the property often enough
- Statements from witnesses who observed the accident
After investigating your claim and gathering evidence to substantiate it, a lawyer can explain your legal options.
Identifying All Potential Sources of Compensation
A premises liability lawyer can also evaluate which parties may be liable for your injuries. In many cases, property insurance may be available to provide you with compensation for your claim. Premises liability lawyers can identify relevant insurance policies and make a claim with the insurance company that covers the negligent property owner. He or she can also explore if a tenant or other party is also responsible for your harm.
Estimating the Potential Value of Your Claim
The value of your claim is largely based on the types and value of damages you suffered, which may include:
- Emergency medical care
- Follow-up medical care
- Physical therapy
- Assistive devices
- Lost wages
- Lost earning capacity
- Physical and mental pain and suffering
A premises liability lawyer can give you a better idea about the potential value of your claim, after reviewing the facts and circumstances involved.
What Proving Liability in Your Case Can Necessitate
You must be able to prove the following legal elements to establish your right to compensation in your premises liability claim:
- The property was not in a reasonably safe condition
- The property owner was negligent in not keeping the property in a reasonably safe condition
- The unsafe condition was a substantial factor in causing your injury
- You suffered damages as a result of the property owner’s negligence
Premises liability lawyers are familiar with this legal framework, and what type of evidence can help meet the applicable legal burden. They can explain the time limit that applies to your case and can advise you of the next steps you could take.
Personal injury lawyers can also help with your claim by:
- Reviewing the accident report
- Requesting employment and business records to substantiate your claims
- Reviewing similar reports that involved some of the same factors that affected your claim
- Discussing your injuries with your medical providers, to better understand future anticipated treatment needs and how your injuries may impact your future
- Hiring expert witnesses to explain your injuries, how the accident may impact your financial future, or how the accident occurred
- Completing formal discovery requests to obtain additional evidence in your case
Contact Our Team to Get Started on Your Claim
Now that you know the answer to the question of how a lawyer could help you with your premises liability case, you can see the value of having an advocate on your side during this difficult time in your life. The negligent property owner will likely have a lawyer representing him or her, so having your own representative can help level the playing field.
A premises liability lawyer can advise you of your rights, investigate your claim, negotiate for a fair settlement, and prepare your case for trial, if necessary. The American Bar Association asserts that most cases do not even make it to trial. Let us negotiate for you.
The Law Office of Cohen & Jaffe, LLP accepts cases throughout Nassau County, Queens County, Suffolk County, and surrounding areas in New York.
We work on a contingency-fee-basis, so you pay no upfront fees-and nothing at all in attorney’s fees—unless we successfully recover compensation on your behalf. Contact a member of our team at (516) 358-6900 to get started.
For a free legal consultation, call 516-358-6900