Proving negligence in a slip and fall accident will involve following a process of demonstrating several facts. These will involve:
- The liable party owed you a duty of care.
- The liable party violated this duty.
- The violation resulted in your slip and fall.
- The slip and fall caused you to suffer compensable losses.
Evidence can be what convinces the insurance company of the other party’s negligence. This is how to seek a settlement. Alternatively, if the other driver admits that they caused the accident, you might not have to prove he or she was negligent. However, you will often have to seek out information that supports your claim.
Using Evidence to Prove Negligence
Negligence results from careless actions or the failure to take reasonable action, according to the American Bar Association (ABA). People who do not take the safety of others into account can be held responsible for their actions (or inaction).
Negligence that can lead to slip and fall injuries include the following situations:
- Icy sidewalks
- Broken stair treads
- Broken (or nonexistent) handrails
- Roof leaks that cause puddles
- Waxed or mopped floors that do not have signs
- Torn or loose carpeting or flooring
- Ledges in inconvenient places
- Exterior exits that are too high off the ground and do not have steps leading to the ground
If you or a loved one fell or slipped due to a hazard that a property owner either knew about—or should have known about—and failed to fix, you may be able to seek compensation.
How to Know You Are Eligible for Compensation
When you suffer an injury after falling on another person’s property, you may be able to file an insurance claim with the liable property owner’s homeowner’s insurance. However, the insurer might fight to avoid paying you fairly.
You will likely need to negotiate with them for a settlement that covers all of your accident-related losses, which includes current and future losses. These losses might include:
- Pain and suffering
- Physical injury
- Medical costs
- In-home care if you are bed-bound due to your recovery
- Loss of enjoyment of life
- Loss of limb
Slip and falls can also lead to the passing of family members. If your loved one died due to their slip and fall injuries, you could file a wrongful death lawsuit. This type of financial award can help you pay for:
- Your family member’s medical bills
- A funeral or burial
- The gap left by your family member’s income
Consider Hiring a Lawyer to Help You Fight for Compensation
It is not a requirement that you retain representation in order to seek compensation. However, when you do so, you can count on a lawyer to do the groundwork that you might be challenged to accomplish after your accident.
Finding the evidence to prove negligence in your slip and fall accident, communicating with the other party and all insurers, negotiating for a settlement, and protecting your rights could be daunting tasks based on where you are right now. Your lawyer will do all this for you and more.
A Lawyer Will Know How Long You Have to Take Action
In the circumstance that you cannot secure a settlement via negotiation, you can take legal action. State laws restrict the amount of time you have to take a case to court. In New York State, injured parties have three years under New York Civil Practice Law and Rules (CVP) §214 to file a lawsuit.
Similarly, wrongful death lawsuits must be filed within two years of the decedent’s passing, according to New York Estates, Powers and Trusts (EPT) §5-4.1.
Speak to your legal team to make sure that you have enough time to pursue compensation based on your state’s laws.
Lawyers Can Help You File for Workers’ Compensation
If you slipped and fell while at work, a New Hyde Park lawyer can also help you report your accident with your employer and file a workers’ compensation claim with the right party. You could be eligible to seek any of the following types of benefits due to your injury:
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Total Disability
- Permanent Partial Disability
Call the Law Office of Cohen & Jaffe, LLP Today
We can represent you in your fight for a settlement or benefits, depending on the circumstances of your injury. We have helped many people in situations similar to yours. Inform us of the details of your accident at (516) 358-6900. Our team can also help if you or a family member was in a car accident.
For a free legal consultation, call 516-358-6900