When a slip and fall accident happens to you or a loved one, it may be well within reason to pursue legal action, especially if the victim was significantly injured which in turn resulted in unexpected medical expenses and lost wages. However, accidents of this nature are not one-size-fits-all. The laws surrounding these types of accidents require a thorough examination of the situation. There are very specific ways to prove negligence for cases such as these. A slip and fall lawyer who is experienced and knowledgeable in these laws can provide useful aid in gathering all the necessary pieces of evidence to present a solid case to the court.
Slip/Trip and fall accidents in New York need solid evidence to build a strong case
Just like when investigating the scene of an accident, it is important to determine the cause. There are very specific things that need to be proven to justify whether or not an individual or an entity would be liable for a slip and fall. First, it must be proven that the environment where the accident occurred presented an unreasonably dangerous condition and was harmful to the victim. The next thing to consider is whether or not the owner of the property was aware of the potentially harmful environment and whether or not that area was intended to be accessible. If there was a change to the environment where the slip and fall occurred, was there sufficient enough time for the property owner to become aware and take the necessary actions to prevent a fall from happening.
The details of circumstances that lead up to the incident can be difficult to properly identify and will make or break a slip and fall case.
It can be a challenge to gather sufficient enough evidence to file for a slip and fall case within the New York Slip/Trip and Fall Statute of Limitations
The amount of detail that goes into the investigation of a slip and fall incident can be extensive and each case is heavily situational. Because these types of incidents can be very challenging to prove, New York only allows a certain window of time that someone can file an eligible lawsuit for a slip and fall accident. The clock starts on the day of the incident and a claim must be filed within three years per the New York Civil Practice Laws. If a New York City Entity is involved, a notice of claim must be filed within 90 days of the date of the accident.
When you bring your case to an attorney, they can help you find and gather additional information that could be very useful to your case. Supporting documentation such as photos, video surveillance, or interviews from any witnesses can help build a successful claim.
What are some possible roadblocks that could stand in the way of a slip/trip and fall lawsuit?
Aside from the Statute of Limitations, the main concern is proving how knowledgeable the property owner was of the cause of the incident and how much of the cause could actually be considered negligence of the victim.
For instance, if the victim were to slip and fall on a flight of steps because they chose not to hold on to the handrail, the property owner has the potential to prove comparative negligence and the victim could be held responsible for a percentage of losses.
Kutcher Law has a team of highly qualified lawyers that are extremely knowledgeable when it comes to New York City-based slip/trip and fall cases.
No one wants to be involved in a slip/trip and fall case, but if you or someone you know has been involved in this kind of accident, it is beneficial to seek the guidance of a skilled attorney. It is imperative that proper care and representation for the victim of a slip/trip and fall case is established especially if the cause of the incident was due to negligence and could have been avoided. Via https://www.rrklawgroup.com/blog/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/
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Automobile accidents can be traumatic, not just for the injured but their family and friends as well. To help you deal with the mental, physical and financial devastation you may wish to consult a New York car accident lawyer, an experienced personal injury attorney who can help you recover the compensation and help you get back on the road to financial recovery.
As anyone who drives or walks in New York City is aware, the streets of New York are congested, and traffic jams are an everyday occurrence. Busy roads lead to hundreds of speeding incidents every week, which result in car accidents and collisions across the city.
If you are dealing with the aftermath of a car accident, you may be asking yourself: “What is next?” How can I pay my medical and vehicle repair bills? When will I be able to get back to work? Who will watch after my children if I need treatment? However, no matter if your vehicle collision was large or small, if you are suffering a minor setback or potentially dealing with long-term consequences, it is always best to speak with a personal injury attorney as soon as possible.
Types Of Car Accidents That Require Legal Attention
Vehicle crashes can result in severe injuries to passengers and drivers. Bikers, motorcyclists and pedestrians, are also in danger of terrible trauma. It may be a good idea to find legal help ASAP if you’ve recently experienced:
Essentially, there are two different categories when it comes to car accident injuries: Penetration Injuries and Impact Injuries.
Get Legal Help With Kucher Law Group
Car accidents can significantly impact your health as well as finances. Medical bills, severe injuries, lost earning capacity, and lost wages add to the victims’ woes.
Moreover, emotional trauma can leave you scarred and in need of long-term care. Fortunately, New York laws offer legal recourse, pursuing actions to get you compensation for the pain and loss.
The aftermath of an accident’s injury can have a devastating effect. This is why it is vital to rely on a dependable attorney to spearhead your recovery process. At Kucher Law Group we conduct an in-depth investigation to determine the cause of the accident, establish responsible parties and work hard to secure the compensation you deserve.
Need more information? Get in touch with us today! Via https://www.rrklawgroup.com/blog/when-should-you-get-a-lawyer-for-a-car-accident-in-new-york/ Slip and fall accidents happen when you least expect them. And while all falls can cause serious injuries, some are matters of negligence. This is when the assistance of a slip and fall lawyer can be critical.
A slip and fall accident is one that is protected under premises liability law in New York. If you are lawfully on someone else’s property and you are injured in an accident caused by the owner’s negligence, premises liability law says that party may be liable for your injuries. Although they are commonly called “slip and fall” accidents, any injury caused by an unsafe condition may be covered under this law.
The Burden of Proof in a Slip and Fall AccidentOne of the complexities of any slip and fall accident claim is called the burden of proof. In order to collect compensation from a slip and fall accident, the victim must prove that negligence was involved. This requires that certain elements are proven.
That you were on the property lawfully.
Although these may seem simple and straightforward, proving negligence can be complicated, especially in matters of premises liability. Insurance companies are often reluctant to pay these claims if there is any question about negligence and can make it difficult for an injured party to get fairly compensated for their costs and damages.
Did the Owner Know?In many cases in slip and fall claims, it is difficult to establish if the property owner was aware of the hazard, would have reasonably known about it, or had ample time to correct it. For instance, in accidents involving a spill or icy walkway, establishing negligence can be difficult. This is why having the skill of a slip and fall attorney can be essential to your claim.
How a Slip and Fall Lawyer Can HelpA legal professional understands that there are many aspects to negligence when it comes to slip and fall claims and lawsuits. Did the owner have a properly trained maintenance staff to keep the property safe? How long had the hazard existed? Did the owner or management have ample time to fix it or at least put up a warning sign or rope it off? Were you injured on government or municipal property that will be subject to different timelines and claim requirements?
Not only must you establish negligence conclusively, but you must also have a firm understanding and proof of your damages. In a slip and fall claim, you may be entitled to compensation for your medical costs and lost wages, but you may also be entitled to compensation for potential future costs as they apply to your injuries. Your slip and fall lawyer will understand the laws as they apply to slip and fall accidents thoroughly and advise you of what your legal damages are to ensure that you are fairly compensated.
Before You Settle On Your OwnBefore you try to settle a slip and fall claim on your own, get the advice of a legal professional. At Kucher Law, we offer a free consultation and never charge legal fees unless we recover compensation on your behalf. Contact us to schedule an appointment to understand your legal rights after a slip and fall accident. Via https://www.rrklawgroup.com/blog/should-i-get-a-lawyer-for-a-slip-and-fall/ |
About UsOur New York trial attorneys are committed to helping people achieve the justice they deserve. At Kucher Law Group, we are confident in our results and prove this by never charging any upfront fees. If we don’t win, you don’t pay a penny. We also pride ourselves on our ability to be available for our clients, 24/7 when tragedy or questions arise. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com bio.link Solo.to Archives
January 2023
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