Slip and fall accidents can cause severe injuries and create a great deal of pain and suffering. If you or a loved one was injured due to a slip and fall that resulted from another person’s negligence, you should speak with one of the personal injury lawyers at Friedman & Simon, L.L.P., as soon as possible. To choose the best one, always compare potential attorneys and ensure that the one you select has the required experience for your case.
If you have consulted with more than one attorney and you are now trying to choose between experienced lawyers with established records of success, you may want to consider demeanor. Whether you are speaking over the phone or in an in-person consultation, take note of the following. Does the lawyer listen to you when you speak, or talk over you? Does the lawyer address you in a professional, polite, respectful, caring and compassionate manner? Does the lawyer show compassion for your situation and treat you respectfully? A claim or lawsuit is a journey. Before you embark on such a journey, you may want to be as certain as you can be, that the firm taking the journey with you, in addition to being good at what they do, is good to you as well.
Familiar with Your Type of Case
Slip or trip and falls can happen for many reasons, which means that legal cases vary greatly. To ensure that their chances of receiving compensation are as high as possible, plaintiffs should enlist the help of lawyers that are familiar and experienced with the particular type of slip and fall case involved.
For example, falls are caused by:
- Broken steps
- Loose rugs and mats
- Unmarked steps and curbs
- Unsecured cables
- Accumulated snow and ice
- Missing handrails
- Insufficient lighting
- Cracked or sunken concrete
- Broken asphalt and potholes
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Why Experience Counts
Given the complexity of personal injury cases, an experienced lawyer is crucial to ensure that the proper investigation is performed, the necessary evidence gathered, the proper experts consulted and that all the necessary documents are drafted, assembled and filed on time, and that each of these steps is performed with a goal of excellence and obtaining the best possible outcome for the client.
Familiarity with New York personal injury is necessary when fighting for compensation for a slip and fall injury. To prove fault after sustaining an injury on another person’s property, the plaintiff must show that one of the following is true:
- The owner of the property caused the fall to exist by somehow creating the dangerous condition
- The owner of the property or employee actually knew about the dangerous surface and did not fix it or otherwise prevent the injured person from coming upon it. (e.g., by creating a detour or posting ample warning.)
- The owner of the premises or property should have known about the dangerous surface and discovered, removed, and repaired it
Regardless of which of the above situation applies to a given case, proving liability can be difficult. For example, the phrase “should have known” leaves room for much argument, which is why an experienced and dedicated slip and fall lawyer is so crucial. A lawyer arguing such a case must be able to determine negligence and prove liability in clear-cut legal terms and with a persuasive presentation of the facts. Fault is typically determined using:
- Witness statements
- Police reports
- Expert opinions
- Surveillance video
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Pure Comparative Negligence
Per N.Y. Civil Practice Law & Rules § 1411, compensation in personal injury cases is adjusted according to fault. For example, if the defendant proves that the injured individual was partially responsible for the dangerous surface that caused the fall, they may be deemed 20 percent accountable for their injuries. In this case, they only receive 80 percent of the compensation awarded. Most defendants will argue that the plaintiff is partially or wholly responsible for their injuries, and a qualified personal injury lawyer will fight as best as they can against such claims to win the best possible outcome for the client.
Contact a New York Slip and Fall Lawyer
If you or a loved one was injured due to a slip and fall caused by another person’s negligence, contact an experienced, dedicated and caring New York personal injury lawyer at Friedman & Simon, L.L.P., Injury Lawyers, today. A no-obligation case review and a free consultation is only a phone call away. 516-932-0400.