How Do I Sue a Company for a Slip and Fall Accident?
If you've slipped, fallen, and been injured, you're likely looking at a difficult journey toward a full recovery. If the slip and fall accident was caused by a company's negligence, it can make the matter that much more difficult. If you have been so injured, knowing the steps you should take can provide you with the confidence and purpose necessary to bring a successful claim. The most important step that any slip and fall accident victim can take, however, is working closely with an experienced NYC slip and fall attorney.
If the negligence of a company’s owner or manager causes you to be injured in a slip and fall accident, the first order of business is filing a claim with the company’s insurance provider. From here, your dedicated slip and fall attorney will negotiate with the insurance company on behalf of your rights and in pursuit of your claim’s favorable resolution. The majority of personal injury claims – including slip and fall claims – are settled at this stage (before proceeding to court). If, however, the insurance company is not willing to or interested in negotiating in good faith, your attorney will likely advise you to file a slip and fall case against the company in question.
The Statute of Limitations
It’s important to note that if you do need to file a slip and fall case, which is a specific kind of personal injury claim, there is a limit to the time you have to do so. This is known as the statute of limitations, and in New York, the limit is three years from the date of the injury-causing incident. While three years may sound like plenty of time, the truth is that the negotiation process can drag on – and those three years can fly by. Even if you’re confident that your slip and fall claim will settle, it may be a good idea to, nevertheless, move forward with filing a slip and fall case with the court to help ensure you don’t lose the opportunity.
The Property Owner’s Stance
Once you file – either a claim or a case – the property owner is very likely to maintain that you share some of the blame for the slip and fall accident. If you are found to be partially at fault (by a specific percentage), your compensation will be reduced by that percentage. Some common responses property owners use include:
- You were distracted by your phone (or by anything else).
- You weren’t wearing appropriate footwear.
- You ignored the posted warning signs.
- The inherent danger should have been obvious to you.
Your knowledgeable slip and fall attorney will help you counter the property owners’ efforts and help you bring your strongest claim.
Consult with an Experienced NYC Slip & Fall Attorney Today
The savvy NYC slip and fall attorneys at Lipsig, Shapey, Manus & Moverman are committed to employing the full strength of their considerable experience in pursuit of your claim’s optimal outcome. For more information, please don’t hesitate to contact or call us at 212-285-3300 today.
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How Long Do I Have to Sue after a Slip and Fall Accident?
If you have slipped, fallen, and been injured due to a property owner or manager's negligence, you may need to file a slip and fall claim to help you obtain the compensation to which you are entitled – and that you need to recover your health and well-being to the best of your ability. If a slip and fall accident leaves you injured, don’t wait to speak with an experienced New York City slip and fall attorney.
Most Cases Are Settled out of Court
Slip and fall claims are a specific kind of personal injury claim, and the vast majority of all personal injury claims are settled out of court. This means that your dedicated slip and fall attorney will negotiate with the insurance company on behalf of a resolution that upholds your rights and that supports your best interests. Generally, going to court is only necessary if the insurance company refuses to negotiate in good faith and/or refuses to make a reasonable settlement offer. It’s important to point out, however, that – even if you are fairly certain your case will settle outside of court, filing a personal injury case to help ensure you don’t lose the opportunity (if negotiations with the insurance company run long) is often a good idea.
The Statute of Limitations
Every state, including New York, puts a limit on how long a claimant has from the date of the injury-causing accident to bring a personal injury claim (of any kind). In New York, this statute of limitations is three years from the day you were injured in the slip and fall accident that left you injured. While this may strike you as plenty of time to get your claim filed, it's s best to get your claim started as soon as possible. In fact, in the heat of a personal injury claim, three years can slip by in seemingly no time.
The Elements of Your Slip and Fall Claim
In order for your slip and fall claim to prevail (either in court or through a settlement), the following elements must be present:
- There was a dangerous condition.
- The property owner or manager knew about or should have known about the danger.
- Although there was ample time to take care of the dangerous condition, the property owner or manager failed to do so.
- The property owner’s failure to act caused your slip and fall accident.
- As a result, you suffered damages.
In order to demonstrate that all of these elements apply, you’ll need to collect relevant evidence as you build your strongest case, which can be a time-consuming process.
Consult with an Experienced New York City Slip & Fall Attorney Today
The impressive New York City slip and fall attorneys at Lipsig, Shapey, Manus & Moverman have been protecting the legal rights of clients like you for many years and are committed to skillfully advocating for your case’s most beneficial resolution. To learn more about how we can help you, please don’t wait to contact or call us at 212-285-3300 today.