Slip and Fall Lawsuit – How Does It Work?

If you were injured in a slip and fall accident, it may have happened because there was a dangerous condition that the owner knew about but didn’t address. In such situations, you have the right to seek compensation, potentially by filing a slip and fall lawsuit.

If you or a loved one has been hurt in a slip and fall accident, our team of New York slip and fall accident lawyers will help you get the justice and compensation you deserve.

Investigating Your Case

The first step in a slip and fall case is to figure out exactly what happened and why. Here’s what you and your lawyer might do:

• Take lots of pictures of where you fell, what made you fall, and any injuries you got.
• Talk to witnesses. Did anyone see you fall? Their story could be really important.
• Get medical records. If you get hurt, the doctor’s reports will show how bad it was.
• Look for cameras. Many stores and buildings have security cameras that might have caught your fall on video.
• Check maintenance records. If you fell because something wasn’t fixed, these records could show that the owner knew about the problem.

Remember, the sooner you start investigating, the better. Evidence can disappear quickly, so it’s important to gather as much information as you can right away.

Building Your Case

Once you have all the clues, it’s time to put them together. To have a good slip and fall case in New York, you need to show:

• There were dangerous conditions like a wet floor, a hole in the ground, or ice on a sidewalk.
• The owner knew about it (or should have known): If a spill just happened, the owner might not be responsible. But if it was there for hours, they probably should have cleaned it up.
• The owner didn’t fix it: If they knew about the danger but didn’t do anything to make it safe, that’s a problem.
• You got hurt because of it: Your injuries need to be because of the fall, not something else.

Building a strong case takes time and careful work. You need a solid foundation and the right slip and fall attorney.

Negotiating a Settlement

Most slip and fall cases don’t go to court. Instead, your lawyer will probably try to make a deal with the property owner or their insurance company. This is called negotiating a settlement. Here’s how it usually works:

• Your lawyer sends a letter explaining what happened and why the owner is responsible.
• The owner or their insurance company might offer some money to settle the case.
• If it’s not enough, your lawyer will argue for more.
• This back-and-forth can go on for a while until both sides agree on a fair amount.

Remember, the goal is to get enough money to cover your medical bills, lost wages if you can’t work, and compensation for your pain and suffering.

Taking Your Case to Trial

If you can’t agree on a settlement, your case might go to trial. This is where both sides tell their story to a judge or jury.  Here’s what happens:

• Your lawyer presents all the evidence and explains why you should win.
• The other side tries to show why they’re not responsible or why you don’t deserve as much money.
• Witnesses might come to tell what they saw or what they know.
• The judge or jury listens to everything and decides who wins.

Going to trial can take a long time and can be stressful. That’s why most cases try to settle before getting to this point.

10 NY Slip and Fall Laws You Need to Know

New York has some special rules about slip and fall cases. Here are ten important ones:

• You have three years to file a lawsuit after your fall in New York.
• If you fell on city property, you only have 90 days to file a special notice.
• New York uses a “pure comparative negligence” rule, which means even if you were partly at fault, you can still recover compensation.
• Property owners have to keep their property reasonably safe, but they don’t have to prevent every possible accident.
• If you were trespassing when you fell, it’s much harder to win your case.
• Owners have to take extra care in bad weather, like clearing snow and ice.
• “Open and obvious” dangers might not be the owner’s fault if you should have seen and avoided them.
• You need to prove the owner knew or should have known about the danger.
• If you were intoxicated or doing something dangerous, it could hurt your case.
• The amount of money you can get isn’t limited by law, but it should be fair based on your injuries.

Why Are Slip and Fall Cases Hard to Win?

Slip and fall cases can be tricky to win for a few reasons:

• It’s not always clear who’s at fault. Maybe you weren’t paying attention, or maybe the danger wasn’t obvious.
• Proving the owner knew about the danger can be hard.
• People sometimes think these cases are just about getting easy money, so juries might be skeptical.
• Your injuries might not seem serious at first, making it harder to show you deserve compensation.
• The rules about property owner responsibilities can be complicated.

Do Most Slip and Fall Cases Settle Out of Court?

Yes, most slip and fall cases do settle out of court. This is because:

• Going to trial is expensive and takes a long time.
• The outcome of a trial is never certain.
• Settling allows both sides to have some control over the result.
• Insurance companies often prefer to settle to avoid the risk of a big jury award.
• Settling is usually less stressful for everyone involved.

How Long Do Slip and Fall Settlements Take?

The time it takes to settle a slip and fall case can vary a lot. It might take anywhere from a few months to a couple of years. Here’s why:

• Serious injuries might need more time to heal before you know the full impact.
• Gathering all the evidence and building a strong case takes time.
• Negotiations with the insurance company can go back and forth for a while.
• If the case is complicated, it might take longer to resolve.
• If you can’t agree on a settlement, going to trial will make the process much longer.

An Experienced Slip and Fall Attorney Can Make the Difference in Your Case, Call Today

It’s important to get a fair settlement that covers all your needs, even if it takes a little longer. Our team of slip and fall accident attorneys at The Barnes Firm will fight to make sure you receive the compensation you deserve. Call us at (800) 800-0000 or contact us online to get started on your case today.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes