Considerations after a fall injury in New York

Considerations after a fall injury in New York

On Behalf of | Sep 9, 2020 | Slip And Fall |

Slip-and-fall injuries can cause long-term disability and expensive medical bills, along with pain and suffering. When this type of injury occurs, you may have a legal claim for damages if you can prove that third-party negligence contributed to the fall. 

Review the laws that apply to New York slip-and-fall lawsuits. 

Determining negligence

You must show that a property owner, business owner or employer holds partial blame for your injury. For example, a shopping complex could fail to clear the ice and snow from the parking lot, resulting in a fall that breaks your family member’s hip. 

The court may reduce the damages you receive if you share the blame for the incident. This may occur if you wore unsafe footwear for conditions, ignored caution tape or other obvious signs of a hazard, failed to pay attention while walking (because of device use or a conversation), or trespassed in a private area at the time of the fall. 

Abiding by the statute of limitations

If you or a loved one experiences a serious injury in a fall, you can file a legal claim for damages within three years of the incident. Before filing a lawsuit, you may want to file an insurance claim through the property owner’s provider. Make sure you receive a fair settlement; do not sign an offer from the insurance adjuster that does not cover the cost of your medical bills and lost wages. 

Proving negligence after a fall injury requires careful documentation. Gather evidence supporting your experience and keep track of all health care costs that result from the injury.