People are sent to the emergency room every day because of slip and fall accidents. Sometimes the cause is not their clumsiness but because of the property owner’s negligence. In those cases, victims can sue the property owner for compensation to cover their injury, pain and suffering and resulting costs.
Proving that you’re entitled to compensation after a slip and fall accident is tough, but our slip and fall accident lawyers in Westchester can help you. The Law Offices of Darren T. Moore can work on gathering the evidence needed to put forward the best case for you and then fight for #MOOREJUSTICE for your injuries, whether that’s obtained by a settlement or going to court if they refuse to compensate you fairly.
Why Hire a Slip and Fall Lawyer?
Even with a lot of evidence staring them in the face as to their liability and clear responsibility, an insurance adjuster may ignore your claims unless you can prove that the business or property owner was responsible for your injuries. A Westchester slip and fall accident lawyer will take care of all of that for you, take care of all negotiations and back and forth with the insurance company while you treat and recover from your injuries.
Also, we search for evidence that you cannot or even if you can, likely won’t be able to do it as promptly or efficiently. If there is video footage of your fall, we can send letters of preservation to the property owner and even subpoena the property owner to turn over that evidence. We also know what to look for, what platforms and resources to search through to find out about ownership, to see if the property owner fixed or hid the problem that made you fall and also find out if the property owner is the one on the hook or is it a lessee or tenant. Inspection records may reveal circumstantial evidence of improper repairs and upkeep.
While most personal injury cases settle out of court, we are comfortable litigating your case if necessary and going before a jury to obtain #MOOREJUSTICE. Should the insurance company refuse to give you a fair settlement, our slip and fall lawyers will happily take your case to court and argue for you and your family in front of judge and jury.
How Much Could I Get in Compensation?
Every case has its own set of injuries, economic and non-economic damages, so there is no average amount for a slip and fall case. What we can say is that our lawyers will try to get the most compensation for your case that the evidence allow and your injuries deserve.
Slip and fall cases will have economic damages in the form of hospital bills, rehabilitation, lost time from work, and similar costs. They will also have non-economic damages like injury, pain, suffering and emotional distress that the responsible parties are liable for.
How Soon Must I File My Claim?
You have three years from your injury to file your slip and fall claim in New York once it involves a private entity or property owner. If the case involves a municipality like Westchester County, you have 90 days from your accident date to file a notice of claim and one year and ninety days to file your lawsuit.. https://www.injurylawatty.com/blog/suing-the-city-or-municipal-entities-is-there-a-difference/
After that date, the court will reject your case under the statute of limitations. These deadlines are why you should work with a slip and fall attorney as soon as possible after you’re hurt.
What to Do After a Slip and Fall Accident
You might injure yourself so badly that you wake up in the hospital, but if you’re still aware of your surroundings after a fall, there are some things you can do to help your case. Gathering evidence at the scene and from the outset will make it much easier to win.
Get Medical Attention
First, ask for help and get medical attention to the scene. If you’re not treated at the scene by paramedics, see a doctor the same day if possible. First and foremost, your health is your wealth and you need to make sure you’re ok. In addition, by taking care of your health, you’re also helping your case as this medical attention early on helps connect your injuries to the accident. You won’t have to listen to an insurance adjuster or attorney later say, “we;re not going to pay, you didn’t see a doctor for one week, how do we know something else didn’t cause your injuries.”
Nowadays, everyone has a smart phone on them. If able, while you’re waiting, use your phone to take pictures or video of your injuries and the accident scene. Try to record what made you fall, like a wet floor, loose rug, or broken tile. A property owner might try to clean things up or fix the problem after you leave, making your case harder to prove.
Talk to the Property Manager and Witnesses
If available, talk to the property owner or manager if they’re around, and tell them exactly what happened. Do not exaggerate or make assumptions. Ask that they fill ou an accident report and ask for a copy of that accident report.
DO not sign any waivers you might receive after an accident.
Also, get the contact information for anyone who saw you fall. When you speak with witnesses, only ask them if they saw the accident happen. Do not get into a conversation with them about it, simply get their contact information.
Preserve Your Evidence
On your phone or in a notebook, write as much information about what you remember about what happened before, during, and after the accident. If you have any broken items or damaged clothing from the accident, save these. Torn trousers, broken footwear, preserve them.
After seeing a doctor, your next step is to contact our firm to speak with a Westchester slip and fall accident attorney. With this evidence, our attorney’s can determine if you have a case and what your next steps should be.
If you were taken straight to the hospital, write what you can remember as soon as you can, then contact us for legal advice. The sooner we can start on your case, the sooner we can begin our investigation and notify the property owner that they need to preserve evidence before it disappears.
Things Not To Do
If you want your case to be credible to the insurers, you need to stay calm after your accident.
Lose your temper
Threaten a lawsuit. Let your lawyer handle that part after they’ve examined your case.
Say sorry about anything.
Be careful not to make any excuses about what happened.
Sign any waivers or any other documents that the property owner might give you.
Sign any releases.
Call a Slip and Fall Accident Attorney in Westchester
A fall can harm you much more than you think. It may be days before your injuries appear completely. If you live in Westchester, NY, and you’ve been the victim of a slip and fall accident, find out how The Law Offices of Darrent T. Moore can help you get compensated for your injuries.
First, seek medical attention and see a doctor as soon as possible after your fall. After that, contact The Law Offices of Darren T. Moore for a free case evaluation. You can call our offices anytime or fill out the form on our website . We look forward to helping you with your slip and fall situation and potentially fighting for #MOOREJUSTICE. Call today