Yes. But one of the most important questions that must first be answered is: what caused your fall? In order to bring a claim against a property owner, it must be shown that the property owner was negligent. Negligence is the lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent owner, tenant or possessor of property would have used under the same circumstances. It’s not enough that you fell. In a slip and fall or trip and fall case, there must be some defect or condition on the property that caused you to fall. Additionally, in order to prove that the owner was negligent, the homeowner must have created the condition or knew about it but failed to take reasonable steps to fix it.

Andy: If I fell on somebody else’s property, can I sue them?

George: You can bring a claim against somebody who had a defective condition on their property that caused you to suffer injuries. If we can prove notice and there’s a couple of different types of notice. Either the person knew about the condition, actually knew about it and didn’t fix it, or should have known about the condition because it existed for some extended period of time and then they didn’t correct it or fix it. The other way that we could prove notice is that they actually created the condition. So, for example, if they built steps and they didn’t put a handrail down and that was required, that would be a condition that they actually created. That was a defective condition that caused you to suffer an injury. Thanks for watching. Hopefully this video is helpful. If you have any additional questions, please feel free to give us a call at 844-Recover or visit our website at WWW.LAWYERS4THEINJURED.COM.

Unfortunately, if you don’t know how or why you fell, a claim cannot be pursued. Slip and fall cases are not “absolute liability” cases as some think. In other words, just because you fall on someone’s property, even if you are injured, you must still be able to point to the defect or condition that caused you to fall. If you fall on someone’s property but can’t explain what caused you to fall, you are unable to bring a slip and fall case in NY.  Occasionally, if there are reasons for not knowing how or why you fell, an investigation may yield evidence that gives the answer.  It’s important that these are conducted as close in time to the fall as possible so that the defect or condition is as close to it was when you fell.

While there is no clear cut answer as to the conditions that may justify a claim, some examples of conditions that have justified claims against homeowners or businesses are:  broken steps, no railings, accumulating water or ice that recurs at a particular location, significant holes or cracks in the walkway or parking lot, wax or grease, and poor or no lighting.

When you are injured by another person, whether it’s because of a fall on another person’s property or because you were injured in a car accident, suing a person means that your lawyer files a lawsuit in court. To begin a lawsuit, a complaint is filed and served on the defendant. This document tells the defendant and his insurance company what happened and why he is being sued. After the complaint is filed, the defendant’s insurance company will assign a lawyer to answer the complaint. This initial exchange of documents begins the “discovery” phase of the lawsuit.

Yes. These terms are often used interchangeably when talking about suing another person or business. It is important to remember that while you are suing a person, in most instances, you are looking to be made whole, meaning the money and damages you are seeking for your injuries may come from the insurance company of the homeowner or business owner.

Yes. There is always the possibility that a settlement can be reached prior to trial. Factors that impact settlement include how the incident happened, what type of injuries you’ve sustained, and what out of pocket or lost earnings you have and/or can expect. If your lawyer and the insurance company can agree to a dollar value for your case that is satisfactory to you, your case can be settled prior to trial.

In order for a lawyer to reach a settlement with an insurance company on your behalf, the lawyer needs to fully understand your case. Your lawyer must examine the incident, how it happened and who caused it. The lawyer must also consider the nature of your injuries and obtain all of your medical records from all relevant medical providers. The lawyer must also examine your lost earnings or any other out of pocket expenses. If Medicare, Medicaid or workers compensation has paid any medical expenses or lost earnings these are liens against any recovery that should also be considered. A lien means the entity that paid certain expenses following your injury is entitled to be reimbursed for those expenses. Once your lawyer is armed with all of this information, your lawyer should be able to consider it against other cases similar to yours to place a fair dollar value on your claim.

That depends on a number of factors. However, the primary factor is the nature of your injury and the type of treatment you are receiving. If all your treatment is completed in a short time frame, your case will be ripe for settlement sooner. However, if you have ongoing treatment, surgeries, physical therapy or other treatment, and the full extent of your injuries and the impact of your injuries is unknown, it is not in your best interest to try a resolve your case too soon.

It depends. Generally, lawsuits take anywhere from 1-2 years however there are occasions where the claim is resolved sooner than 1 year, and situations where the case takes longer than 2 years. Your lawyer should try to expedite your case as quickly as possible without sacrificing the true value of your case by trying to “settle” too soon. If you have questions about how long your case is taking, you should always reach out to your lawyer and talk to him/her so you can get a full understanding of the status of your case.

The value of your case depends on a 3 primary factors:

• The strength of the liability. Liability means the amount of fault the defendant has for your injuries. Is the defendant 100% at fault or are you partially at fault? The value of your case will be impacted by the distribution of fault. As an example if your case is worth $300,000 and the owner is 50% at fault, the value of your case is reduced to $150,000.
• The significance of your injuries. The type of injury you have, the duration of your treatment, whether surgery is involved, and the permanent consequences of your injury impact the value of your case. A broken arm with no surgery that heals in 6 weeks with no permanent loss of range of motion is worth much less than a fractured leg that requires multiple surgeries, leaves a significant scar, and permanently limits your ability to enjoy your life.
• The economic losses you’ve suffered. If you have missed work and/or can’t go back to work, and/or if you have incurred medical or other expenses because of your injury, this dollar figure is an important factor in determining the full value of your claim.

The true value of your damages can only be calculated when treatment is complete, and the long-term consequences of your injury are understood.

If you are injured because a homeowner or a business has not taken care of their property, you have a claim against that owner and that owner’s insurance company. There are different types of insurance policies that may be available. One policy is the policy that pays for your pain, suffering and any lost earnings or medical expenses you’ve incurred. This is commonly known as the “liability policy” and the value of that policy depends on what type of insurance the owner has. Whether the insurance company pays under its liability policy will depend on whether the owner was negligent. The other type of insurance that may be available is medical payments coverage. Some, but not all policies have some limited amount of money that can be paid to reimburse you for out of pocket costs related to an injury. This policy, known as the “medpay policy” can be paid by the insurance company regardless of fault to assist you with your out of  pocket, injury related expenses.

If you have fallen because of a known defect or condition on someone’s property and are injured, the insurance company for the owner of the property will be responsible to pay for your injuries, including any unreimbursed medical expenses, lost earnings and your pain and suffering. However, if the value of your injuries exceeds the value of the insurance policy, a claim can also be brought directly against the owner.