Most people go about their days without expecting to encounter unsafe conditions, but accidents still happen. If you’ve been injured in a slip-and-fall accident, you may be wondering how to sue for a slip and fall. An experienced Slip and Fall Injury Attorney can help you navigate the process and get the financial compensation you deserve.
Consult an Attorney
Once you’ve received medical attention for your slip and fall accident, documented the scene of the accident, and collected witness contact information, you’ll want to contact an attorney for consultation. An attorney who has experience with slip-and-fall cases will be able to help you figure out the best way forward to protect your rights, get justice, and secure any financial compensation that you’re entitled to.
Determine Whether You Have a Claim
Elements of a Slip and Fall
A successful slip-and-fall claim must prove that a dangerous condition caused your accident and the defendant knew about the dangerous condition but neglected to address it.
Four elements must exist to prove negligence: duty, breach, causation, and damages. That means you must show that the defendant breached their New York-mandated duty of care by failing to maintain safe premises, that your injuries were caused by the breach, and that you’ve suffered damages due to the breach.
Comparative Negligence
Unlike in some states where plaintiffs who are partially at fault for an accident can’t recover any damages, New York law allows you to recover proportional damages as long as you aren’t 100% responsible for the accident, an approach called “comparative negligence.”
For example, if it’s determined that you were 20% at fault for the accident, the total damages you’re entitled to will be reduced by 20%.
Build Your Case
Your attorney can begin to build your case once it’s determined that you have a claim and are acting within New York’s statute of limitations, which is three years from the date of the accident.
This process may include gathering documentation from the scene of the accident and any accident reports you filed, contacting witnesses, interviewing experts, collecting your financial and medical records, and anything else that can help prove negligence on the part of the defendant.
Commence a Civil Claim
When you’re ready to file your claim, your attorney will notify the defendant and their insurance carrier of the slip-and-fall case. Then you’ll pay a fee to file a summons and complaint, which explains the nature of your claim. The defendant will have 30 days to answer the complaint, at which point your attorney will continue to guide you through the legal process toward settlement negotiations. The case will proceed to trial if the parties fail to settle.
If you’ve encountered negligent or dangerous conditions that led to a slip-and-fall accident in New York, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island, contact us at Surdez & Perez P.C. for a free consultation.
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