While some slip and fall claims can be handled on your own in Small Claims Court, most will need the assistance of counsel. Slip and fall claims can be hard to win in court, because there is no standard method for proving that a property owner owes you compensation for an injury that occurred on his or her property.
Usually, you have to prove that there was a hazardous condition caused by the person you are suing, and that your injury was a direct consequence of the condition. If you want to pursue a slip and fall injury case, you should first contact a Long Island slip and fall attorney. An attorney can provide an expert assessment of your case, and will deal with the landowner and his or her insurance carrier. A Long Island slip and fall lawyer can also find experts to help in the evaluation and presentation of your case, if it proceeds to trial. Lots of slip and fall attorneys accept cases by contingency fee, which means that they get a percentage of any settlement you receive from a case, and if you do not receive any money, your attorney receives nothing as well. In most states, standard contingency fees are 25-40% of the final settlement, and usually about 33.3%.
Before hiring any Long Island slip and fall attorney for your case, have any agreement regarding payment and all other costs.
Workers’ Compensation for Slip and Fall Injuries
Lots of work related injuries are handled through your state’s workers compensation system, and if you get workers compensation benefits, you are usually not allowed to sue your employer. However, if a third party was responsible for the condition that caused you to slip, you may have a claim against that company. If such is the case, speak with a Long Island slip and fall attorney to talk about your rights.
Insurance Carriers: Notifying a Company for a Potential Claim
You have to immediately inform your insurance carrier. A lot of insurance policies have a requirement that you notify the insurance company of any potential claim within a very short span of time after the accident occurs.
Take the names of any witnesses who saw the incident occur. You’ll also want to document conditions, with your own photographs, as soon after the incident as possible – especially if you are free from blame.