Are Slip and Fall Cases Hard to Win?

Every slip and fall case is different, but some can be particularly challenging to win because you must be able to prove that your injuries and subsequent expenses are due to negligence by the defendant.

The more evidence you have to support your case, the higher the likelihood of a positive outcome in your case. You may have enough evidence that the defendant and their insurance agree to pay a settlement rather than risk a jury verdict in your favor. A slip and fall accident lawyer in New York from Friedman & Simon, L.L.P. may be able to help you on Long Island.

What Is a Slip and Fall Accident?

A slip and fall or trip and fall accident, is when you come into contact with an object or slippery surface that causes you to fall down and sustain potential injuries. These kinds of accidents typically occur on someone else’s property such as a business or institution due to negligence. (That is, a failure to maintain the property in a safe condition.)

After a slip and fall, you may be entitled to file a personal injury lawsuit to recover compensation for damages you suffer because of your injuries.

For a free legal consultation, call 516-932-0400

Is It Hard to Win a Slip and Fall Case?

You must be able to prove that negligence is the reason why you had a slip and fall accident and that your quality of life is lower because of your injuries.  In other words, you have suffered a provable injury.

Types of evidence you or your Long Island personal injury lawyer could present in court include:

• Video surveillance
• Photographs
• Medical records
• Police report
• Safety records
• Inspection logs
• Witness statements
• Expert opinions

Examples of negligence, which is when a property owner fails to provide for the safety of their guests or patrons despite having knowledge of a hazard, include:

• Water leaks
• Debris or substances on the floor
• Failure to clean or remove debris or substances
• Failure to mop up water or fix the leak
• No warnings about slippery surfaces or other hazards
• Depressed, raised, or otherwise broken and uneven walking surfaces
• Inadequate lighting
• Improperly constructed or maintained steps and/or handrails

What Should You Do After a Slip and Fall Accident?

Because slip and fall accident cases can be challenging to win, taking the following steps after suffering a fall could potentially make a significant difference. They will also increase your chances of achieving a positive outcome via a larger settlement or favorable jury verdict.

• Report the accident: You should immediately report the slip and fall to the property owner or management and request a written report and a copy for your own records. This proves that you told someone about the accident and your injuries. 
• Gather evidence: Don’t rely on the property owner to preserve the scene. Take photographs of the hazard if possible and collect contact information from witnesses. Filling out a form or written report and receiving a copy also creates a paper trail. 
• Seek medical attention: You should seek medical attention as soon as possible so a doctor can treat and document your injuries. Waiting too long gives the defendant an opening to claim that you are lying about your injuries. Your injuries could also get worse.
• Don’t accept blame: Avoid saying anything that could compromise your case, and don’t sign anything until your lawyer reads it first. 
• Consult a lawyer: A slip-and-fall accident lawyer has experience with these kinds of cases. We will file a claim and build a case to present to a jury. We will also protect your rights.

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How Will a Lawyer Benefit Your Slip and Fall Accident Case?

Slip and fall cases are challenging to win and you don’t necessarily need a lawyer to file a lawsuit and present your side in court. However, an experienced lawyer from Friedman & Simon, L.L.P. will know the applicable laws and precedents. This will help them build an effective case and present it in court against the liable party, who will have an attorney fighting for them.

Having a lawyer of your own will benefit your case in the following ways:

• A lawyer will investigate the accident, collect evidence, and determine liability.
• A lawyer will calculate the value of your claim and file a claim with the insurance company on your behalf.
• A lawyer will negotiate with the liable party and their insurer to reach a settlement that adequately covers your losses.
• A lawyer will file a lawsuit and represent you in court.
• A lawyer will handle your case from start to finish so you can focus your time and energy on other interests.
• A lawyer will guide you through the legal process and protect your rights.
• A lawyer will determine which damages apply to your case.
• A lawyer will meet all deadlines in your case, including the statute of limitations.
• A lawyer will fight relentlessly to win the best possible case outcome for you

Our law firm has experience handling slip and fall accident cases on Long Island and the New York metro area. Your case could take days, months, or years to resolve, which also contributes to the challenge. The sooner you consult with us, the sooner we will begin building the strongest, most compelling case on your behalf.

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How Long do You Have to File a Lawsuit in New York?

You only have a limited period of time under New York State law to file a personal injury lawsuit from the date of your slip and fall accident, according to New York Civil Practice Laws & Rules § 214. (A shorter statute of limitations may apply to your case.  We strongly recommend you take advantage of our offer of a free, no-obligation case review and consultation so you can know your deadline and best options.)

Failure to file a lawsuit before the deadline in your case expires will result in you losing the right to recover compensation for damages through the legal process.

Learn More About Slip and Fall Accident Cases Today

You weren’t expecting to suffer injuries in a slip and fall accident, but now you have expenses to pay and you want accountability. You want justice. You want to move forward. We understand, and we empathize with you during this difficult time.

With Friedman & Simon, L.L.P. on your side, you will have an attorney who wants to talk to you about your case and fight for you.

To learn more about slip and fall accidents during a free consultation with a slip and fall lawyer on Long Island, please contact us today.

Call or text 516-932-0400 or complete a Free Case Evaluation form