To file a premises liability claim on Long Island, claimants will need to present evidence that shows how another party was negligent. Claimants also need to show proof of their injuries.
If you were injured on another party’s property and wish to file a premises liability claim, some evidence you may need to file a premises liability claim on Long Island includes:
The Official Accident Report
The official accident report will document the circumstances of your accident, including its time, location, and cause. This document may also provide the names and contact information of any potential witnesses. The accident report establishes the incident in case the property owner later attempts to deny that it occurred.
The process for obtaining an accident report differs depending on the type of case. For example, if your neighbor’s dog bit you, you would request the report from the Nassau County Health Department.
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Photographs or Surveillance Video
Following your accident, you may have taken photos of the accident scene and your injuries. However, if you were unable to take photos, you may request a copy of the surveillance video that captured your accident on film (if available). The surveillance video can help to bolster any eyewitness statements or clear up any disputes.
Accident Reconstruction Results
You may need to have an expert reconstruct the accident to determine exactly what occurred. These results can help determine a liable party and negate any accusations of fault.
Sometimes, negligent parties will attempt to dodge liability by saying that they did not own the property where you were injured. A lease agreement will identify the property owner or manager. Ultimately, this document will prove that you are bringing your claim against the correct party.
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Proof of Lost Wages
Your paycheck stubs will help you prove how much time you missed from work. The time you missed from work can be used to calculate the cost of your lost income, wages, tips, and bonuses.
Testimony from a Financial Expert
In some cases, injuries will keep a person out of work for an extended period or even force them to retire from the workforce. A financial expert can testify as to what you would have earned over time had you not been injured.
If you were injured on another party’s property, you will need medical documentation to prove it. Medical documentation can also prove the seriousness of your injuries and document your health care expenses.
Assigning a specific dollar amount to noneconomic damages such as pain and suffering can be difficult because they are subjective. Your daily pain levels can be used to establish your pain and suffering. Testimony from friends and family can also help bolster your claim.
In the aftermath of an accident in which you were injured, you may choose to work with a premises liability lawyer. They can explain what pieces of evidence could support your case and pursue compensation on your behalf.
Explaining Premises Liability Law
A premises liability claim may be filed following various instances, such as a slip and fall accident or a dog bite. You must prove that a “defective condition” on someone else’s property caused your injuries.
The defective (or unsafe) condition that caused your injuries could be an indicator of negligence.
To establish another party’s negligence, your lawyer must establish the following:
- The property owner created, knew of, or should have known of the “defective condition” on the property. For example, your office building’s property owner is aware of a broken handrail in the stairwell.
- The property owner did not take action to fix the condition or warn visitors of its existence. The property owner does not fix the broken handrail.
- The failure to remedy the dangerous condition led to your injuries. You fall down the stairs because of the broken handrail.
Work with the Law Office of Cohen & Jaffe, LLP
If you have been injured on someone else’s property on Long Island, call the Law Office of Cohen & Jaffe, LLP at (516) 358-6900. Our firm will help you navigate the claims process and determine what evidence you need to file a premises liability claim on Long Island. We can handle the evidence-gathering process as well as building a robust case against the liable party.