Slip and fall accidents can result in serious injuries, and navigating the legal aftermath can be a complex and daunting process. In New York, slip and fall accident victims may face stiff challenges in proving liability and recovering compensation for their slip and fall injuries and losses. With property owners and their insurance companies using aggressive tactics to deny claims, securing legal help from an experienced New York City slip and fall injury lawyer becomes essential.
Slip and Fall Accidents Require You to Prove the Property Owner’s Actual or Constructive Knowledge
To hold a property owner liable for a slip and fall injury claim, you must prove that they either had actual knowledge of the dangerous condition or should have known about it through constructive knowledge. Actual knowledge means that the owner was directly aware of the hazard, such as being notified of a wet floor. Constructive knowledge implies that the hazard existed for such a length of time that the property owner reasonably should have discovered and addressed it.
Why is Proving Knowledge Hard?
Demonstrating actual or constructive knowledge can be difficult because property owners and their insurers will argue that they were unaware of the hazard. Proving constructive knowledge may involve showing that the dangerous condition existed long enough for a reasonable property owner to detect and fix it, which can be challenging without concrete evidence.
Evidence Your NY Slip and Fall Accident Lawyer Will Collect to Prove Liability
A fundamental and proven New York slip and fall lawyer will gather critical evidence to establish liability, including:
- Surveillance footage showing the condition of the property and whether the hazard existed for an extended period.
- Maintenance and inspection records to determine whether the property owner regularly monitored the premises.
- Eyewitness statements from individuals who may have observed the hazardous condition before or during the accident.
- Photographs of the accident scene, taken soon after the incident to capture the hazardous condition.
- Incident reports from the property management, which may detail previous complaints or knowledge of the hazard.
Slip and Fall Accidents Usually Involve Powerful Corporations as Liable Parties in New York
Slip and fall accident injuries frequently occur on commercial properties such as supermarkets, shopping malls, hotels, and office buildings. These accidents may involve powerful corporations as liable parties, and their legal teams and insurance companies are well-prepared to fight claims. They will try to deny liability outright or argue that the injured party was at fault for the accident.
You Need a High-Powered Legal Team with the Resources to Take on These Defendants
Given the resources that corporate defendants can bring to the table, you need a legal team with the capabilities to match. Your slip-and-fall attorney must have the experience, resources, and persistence to fight these well-defended claims. Corporations rarely offer fair settlements unless they believe they can be forced to pay more in a courtroom. Having a slip-and-fall lawyer slips who has a proven track record of successfully handling these types of cases is key to securing a fair settlement.
Trial Capabilities and Record of Success
Insurance companies and corporate defendants will only offer reasonable settlements for slip and fall claim when they know they face the risk of losing at trial. This means your experienced New York City slip and fall accident attorney must have the trial capabilities and reputation for taking cases to court when necessary. A legal team with a strong trial record increases the likelihood of securing maximum compensation.
Evidence in Slip and Fall Cases Can Quickly Disappear or Get Distorted
One of the most significant challenges in slip and fall cases is the fleeting nature of the evidence. Over time, surveillance footage may be erased, hazardous conditions may be repaired, and witnesses may become unavailable. Moreover, property owners or their insurance companies may take steps to distort evidence in their favor, such as altering maintenance records or downplaying prior knowledge of the hazard.
You Need a New York Slip and Fall Attorney Team That Can Move Fast to Preserve Evidence
Time is of the essence when dealing with slip and fall claims. An experienced New York slip and fall lawyer will take immediate action to preserve evidence through legal means. This includes sending a spoliation letter or a temporary restraining order (TRO), which legally compels the defendant to preserve all relevant evidence, such as surveillance footage, maintenance logs, and incident reports. Acting swiftly is critical to prevent evidence from being lost or tampered with, and it can make or break your case.
Insurance Companies Will Use Unfair Tactics to Pressurize You to Settle or Try to Weaken Your Case
Insurance companies are notorious for using a range of unfair tactics to weaken your claim or force you into a lowball settlement. They may attempt to take recorded statements early in the process, hoping to catch you off guard and use your words against you. Insurers may also pressure you into accepting a settlement far below the value of your claim, hoping to resolve the case quickly and cheaply.
How Your Slip and Fall Accident Attorney in New York Will Shield You from These Tactics
Your slip-and-fall attorney plays a crucial role in protecting you from these tactics. They will advise you not to speak to insurance adjusters or give recorded statements without legal counsel. In addition, your attorney will handle all communications with the insurance company, ensuring that they cannot take advantage of you during the vulnerable post-accident period. With an experienced lawyer on your side, you will be able to focus on your recovery while your attorney fights for maximum compensation.
How Your NYC Slip and Fall Attorney Will Fight to Maximize Your Compensation
Computation of Full Damages
A critical step in securing maximum compensation for your slip and fall injury is the computation of full damages. This includes not only your current medical bills but also future medical costs, lost wages, and non-economic damages such as pain and suffering. An experienced attorney will work with medical experts and economic specialists to accurately calculate the full extent of your losses, ensuring that all avenues of compensation are explored. This comprehensive approach helps ensure that you are not shortchanged in your settlement or judgment.
Preparing a Strong Demand Letter
Once your damages have been calculated, your attorney will prepare a strong demand letter to present to the insurance company or defendant. This document lays out the details of your accident, the injuries you’ve sustained, and the specific amounts you are claiming in damages. The demand letter will also be supported by evidence, including medical records, expert reports, and any other documentation that establishes the property owner’s liability and the severity of your injuries. A well-crafted demand letter sets the stage for successful negotiations.
Negotiating Aggressively with the Insurers
Insurance companies are known for offering lowball settlements in slip and fall cases. Your attorney’s role is to negotiate aggressively on your behalf, using the evidence gathered to push for a settlement that reflects the full extent of your damages. Skilled negotiation requires a thorough understanding of the law and the ability to counter the tactics insurers often use to minimize claims. Your lawyer will be able to counter these efforts by emphasizing the strength of your case and the high likelihood of a favorable outcome at trial if negotiations fail.
Trial Preparation from Day One
Although most slip and fall cases settle out of court, it is critical that your attorney prepares your case as if it will go to trial. This approach demonstrates to the defendant and their insurers that you are fully prepared to take the case before a jury if necessary. From day one, your attorney will work on building a strong trial strategy, which includes hiring accident reconstruction experts, gathering witness testimony, and organizing all necessary evidence. This readiness often leads to better settlement offers, as defendants typically seek to avoid the risk of losing at trial to a well-prepared legal team.
Choose Our Experienced New York Slip and Fall Injury Lawyer
If you have suffered a serious injury from a slip and fall accident in New York, you need a seasoned attorney with the expertise to take on powerful defendants and secure maximum compensation for you. At Levine & Blit, PLLC, Bruce Glickman, Esq. brings over 36 years of experience to your case, with a proven track record of million-dollar settlements in complex premises liability claims, including slip and fall accidents.
Mr. Glickman has extensive experience litigating in New York courts and across multiple jurisdictions, making him uniquely qualified to handle intricate legal issues and powerful corporate defendants who often deny liability. He has a deep understanding of New York State Labor Laws and has successfully represented clients with life-altering injuries such as traumatic brain injuries and spinal cord injuries.
With Mr. Glickman’s knowledge of the latest medical and scientific developments, combined with his aggressive litigation tactics, you can rest assured that your case is in capable hands. Don’t wait—call Bruce Glickman directly at (516) 987-8790 for a free case evaluation. Our firm is available 24/7, and we also speak Spanish.