New York Slip and Fall Negligence
Have you recently been injured in a slip and fall accident and you're not sure whether or not you have grounds to pursue a personal injury claim? Knowing your rights and responsibilities and filing a timely claim can assist you with recovering the compensation you desperately need.
Before you're eligible to move forward with a slip and fall claim against a New York negligent property owner, you need to ensure that you are in line with the specific legal rules and laws that govern these types of cases known as premises liability. A New York slip and fall negligence attorney will be highly knowledgeable about identifying whether or not someone else is responsible for the injuries you have sustained. This is the crucial element of filing a personal claim.
When you have been hurt in a trip/fall or slip and fall accident on someone else's property, it makes sense to look at all options for receiving compensation for your losses, particularly if you have suffered severe injuries. If you believe that the owner of that property was negligent in connection with your accident, you need to consult with a slip and fall negligence attorney in New York immediately.
Whether you take the claim to court through your personal injury lawsuit or file a claim directly with the property owner's insurance company, various New York legal rules and laws will impact your case.
Two of the most vital laws in the state of New York that have to do with premises liability cases managed by a slip and fall negligence lawyer in New York include the shared fault rules and the deadline for filing a lawsuit.
Comparative negligence is the law of the land in New York. Before you file a lawsuit related to your slip and fall or an insurance claim, you need to know that the property owner may argue that you have some of the blame for the accident.
If this argument is successful in court, your court award could be reduced significantly. The property owner might argue that you were not paying attention to where you were walking, that you were on a piece of property where visitors were not allowed, that the dangerous condition should have been obvious, or that it was sectioned off by signage and cones. In the event that your slip and fall case goes to trial in New York, the pure comparative negligence rule identifies how much you can recover from a property owner if the jury identifies that you were negligent in conjunction with the accident.
The other critical rule regarding negligence in New York is whether or not you are still within the statute of limitations to file a personal injury claim. This puts a strict time limit on your right to have your lawsuit heard in the civil system in the state. If you miss this deadline, your case will be dismissed. The statute of limitations is the same as the one that applies to other personal injury laws in the state. You must file a claim in a timely fashion after you have been hurt on someone else's property. If you want to sue over property damage that was caused by a slip and fall accident, you have a maximum of three years from the date of the accident to pursue recovery. Whether it is one based on property damage or an injury lawsuit, negligence is the crux of your case. You must be able to show that the owner of the property was negligent in his or her management of the property and that they should have known about the condition and corrected it or did know about the condition and failed to correct it. You want to allow lots of time to file an injury claim against someone.