Property supervisors, renters and owners must maintain a safe environment for persons working there or visiting.
If you get hurt on a property, you can file a personal injury claim for losses incurred during an accident as long as your existence on the premises is legal.
If you suspect you have a slip-and-fall case, it is crucial to assess your situation keenly. This way, you can determine if there is a solid ground to pursue legal action.
Speaking with a knowledgeable New York slip and fall lawyer can help you better understand your legal options and how to navigate the process effectively
Most slip and fall cases can be complicated, thus the need to hire a slip and fall attorney.
5 Important Questions to Ask Yourself Regarding a Slip and Fall Case
Here are a few questions that you must ask yourself if you think you are in a slip and fall case. Answering these will ensure that you have better clarity:
Was the Property Occupier or Manager Responsible for Stilling the Safe Space?
If you meet with a slip and fall accident, the initial thing you need to do is to find out whether the person in control of the property had a duty of care to keep the place safe.
Legally, a person in control of a property, for example, a property owner, is required to give protection to their employees or visitors. This is a liability according to the law of premises.
However, an obligation may vary due to the nature of the danger and the location of the premises.
By having a slip-and-fall liability lawyer, you can look at all the facts of your specific case, as well as be advised on the preferable course of action.
Did the Accident Occur from Another Person’s Unconsciousness or Negligence?
Evidence shows that one of the first questions which you must answer when you notice you have a slip and fall case is if the reason for the accident was someone else’s negligence or lack of attention.
You are the one responsible, in legal terms, that the property owner was the one to whose negligence the hazardous condition can be attributed thus starting the accident.
The risky situations include wrecked furniture, uneven roads, torn or old carpets, slippery or soaked floor, lack of proper lighting and warnings to people after the floor has been waxed or mopped.
Did You Act in a Way to Influence the Accident?
Before you start a claim, being honest about your part of the slip and fall accident would be a prudent thing to do.
Your share might include if you displayed recklessness, carelessness, or were not paying attention because of the distraction.
This could indeed have an impact on your claim, but you are not prohibited from going on with your claim.
You can also try to learn about the fall prevention strategies for elderly people from other sources on the internet!
Did You Get Injured During the Slip and Fall Accident?
If you want to establish a valid slip and fall case, you must have suffered an injury during the incident.
The common injuries from slip and fall accidents include:
- Bruises.
- Spinal cord and back injuries.
- Fractured bones and sprains.
Getting treatment after the accident and maintaining a record of all the medical documents involved is important.
Did the Manager or Property Owner Disregard Their Duty to Ensure a Safe Space?
After determining whether the property owner or manager was responsible for maintaining a safe environment, you must also consider whether they violated their duty.
Violations of their duty can include failing to warn visitors about a risk, failing to repair a hazardous place, or failing to clean up a spill.
Your Legal Guide: How Can You Choose the Right Lawyer for Your Slip and Fall Case?
For your slip and fall case you need to retain the services of the highly qualified lawyer that come highly recommended by friends, some family or in the online forums. Check the experience and success rate of the lawyer with the same cases.
By engaging in the first meeting your lawyer, you can deduce whether he/she is a good communicator who is reachable and whether you feel comfortable sharing information about your situation.
The lawyer’s fee structure and transparency are also an important part of the hiring process to keep in mind.
Here are some things you should focus on as you are selecting a lawyer for your slip and fall case:
1. Seek Recommendations:
You can request help from your friends, family, or work colleagues who have had cases of personal injury before you.
You may also get recommendations from bar associations’ or the official lawyer communities or professional networks.
2. Research the Lawyer’s Experience:
Confirming the lawyer’s track record in slip and fall lawsuits as well as the numerous clients they have helped get settlements and verdicts will also be appropriate.
Verify that the attorney has demonstrated an understanding of the laws related to personal injury, and in particular slip and fall cases.
3. Assess Communication and Trust:
When you plan for an initial meeting, their communication style, approachability, and if you are comfortable talking to them and sharing the case details you will gather necessary information that will enable you to make a decision
Assess the lawyer’s professionalism and their ability to communicate complex legal jargon in an easily understandable manner.
4. Fee Structure:
Get to know the fee structure your lawyer will use (e.g. contingency, hourly) and make it all about how the fee is calculated.
Find a lawyer who shows you the light as far as their fees are concerned and that you know what is happening with the case all along.
5. Other Important Factors:
Make sure the attorney can answer your questions and provide you with regular updates on your case status.
Read the reviews and personal experiences of the customers who were served by the lawyer on the Internet.
Working with a reputable slip-and-fall accident lawyer can help you evaluate these questions and determine whether you have a case.
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