Do I Have to File a Lawsuit to Get Paid After a Slip and Fall Accident in NY?
While some personal injury cases do go to trial and are ultimately decided by a jury verdict many other personal injury cases are resolved with a monetary settlement for the injured person without the case ever going to trial. More specifically, some slip and fall and trip and fall accident cases are settled without a lawsuit being started and, in many slip and fall and trip and fall cases, even if a lawsuit has been started, money settlements are reached without going through the actual trial process.
Premises liability may be understood as any injury that you sustain while on someone else’s property. Under such circumstances, the person who owns the property is liable for your injuries if it can be proven that their negligence caused your injury. Premises liability includes retail, restaurant, and hospitality establishments.
It is sometimes necessary to file a lawsuit to allow the victim of a slip and fall accident a chance to recover a fair payout based on the facts of their case. Your New York personal injury attorney will explain your legal options and navigate the process on your behalf if you qualify.
Because every trip and fall accident is different, discussing how to approach your case with a personal injury attorney is an option for you. An attorney can look at the specific facts of your case to determine whether filing a lawsuit is appropriate for your case, or if you can reach a settlement out of court.
Negotiating an Out-of-Court Settlement with the Insurance Company Is Often Possible
Businesses, property owners, and homeowners have liability insurance in the event a fall injury or other type of incident happens on their property. If there is proof that the property owner knew or should have known about the hazard that caused your injury, the insurance company may reach an out-of-court settlement.
Negotiating this settlement and ensuring a payout that covers all economic and noneconomic losses is key. It is important to understand the value of a case before trying to reach a settlement.
While every case is different, the value of a slip and fall case may include:
- Your past and future related medical care
- Lost wages
- Property damages
- Pain and suffering
- Wrongful death
These are not the only types of damages to which a claimant (or plaintiff if a lawsuit is started,) may be entitled. Your lawyer will review the evidence surrounding your accident (or, in a wrongful death claim, the accident caused the death of a loved one) and advise you about your options.
Taking Your Case to Court May Be Necessary
If your settlement offer does not cover your present and future injury-related expenses, going to court is a reasonable option in a New York personal injury case. A slip and fall or trip and fall case can cause damages in the thousands, tens of thousands, hundreds of thousands and even millions of dollars, depending upon the unique circumstances of a given case. When you build a case against the property owner or occupier, a civil suit will seek to recover the losses and expenses you incurred. Current and future bills and noneconomic losses are also included.
While filing a lawsuit and going to trial seems daunting to a layperson, especially while you recover from your accident, it is sometimes not only an effective option to reach the optimal monetary outcome, it may be the best approach as well. Insurance companies can be very resistant to offering appropriate compensation and may take a “deny, delay, defend” posture. Vigorous prosecution of a lawsuit can sometimes be the only “force” that will pressure them to come up with the settlement offer they should make. Also, while the idea of a lawsuit may feel overwhelming to non-attorneys, we are trained and experienced to do battle in that setting. We have commenced, prosecuted, settled and tried many lawsuits. We are comfortable suing the at-fault party on your behalf. It is our privilege to lift that burden and anxiety from your shoulders so you can focus on your medical treatment, healing and putting your life back in the best order possible.
Your lawyer will handle all aspects of your case from start to finish. This includes, depending upon the facts of your accident, representing you in court and presenting your case to prove:
- Value of your injury-related losses
We will offer all the necessary evidence and present a strong case on your behalf.
Your Trip and Fall Lawyer Will Build a Case for Compensation
Your trip and fall accident lawyer will help you build your case based on the facts and evidence. They will help you pursue your claim, whether you seek an out-of-court settlement, or if the case goes to trial.
When you work with Friedman & Simon, L.L.P., our team will:
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
- Keep you updated every step of the way
- Negotiate on your behalf
- Represent you at trial, if necessary
Once we determine how much your case might be worth, we will then file an insurance claim on your behalf and handle negotiating the best possible payout when possible.
If the insurance company refuses to pay an appropriate settlement value based on the facts we present, we are ready and able to file a lawsuit against the property owner or occupier and possibly take your case to trial.
Talk to a Slip and Fall Accident Lawyer Today
At Friedman & Simon, L.L.P., our attorneys advocate for injury victims. We serve Nassau County, Suffolk County, and Greater New York City. If you suffered injuries due to a slip and fall or trip and fall accident, we offer you a free initial consultation to help you determine the steps to take to pursue your claim.
According to the New York State law, there is a limited amount of time in which you can pursue compensation for a slip and fall or trip and fall accident. We have a multilingual staff that can assist you if you speak Spanish, Greek, Bengali, Tamil, or Kannada.
Call (516) 932-0400 today for your free case review. We can come to you if you are in the hospital or recovering from your injuries at home.