If you have been injured on someone else’s property, you may not know what to do. Slip and fall accidents can be much more serious than most people realize, often resulting in devastating damages. As such, filing a lawsuit may be necessary to seek compensation for the losses you have endured. Please continue reading to learn about the process of settling a slip and fall claim in New York and why connecting with a determined New York City Personal Injury Lawyer is in your best interest.
What is the Process of Filing a Slip and Fall Claim in NY?
If you have suffered injuries in a slip and fall accident in New York and your damages exceed the insurance company’s policy limit, you may have the option of pursuing legal action directly against the at-fault party for the remaining losses. In these scenarios, it’s essential to demonstrate the property owner’s negligence by proving that they either knew or should have reasonably known about the hazardous condition on their premises and they failed to remedy it or provide adequate warnings, which led to your injuries. This necessitates substantial evidence.
If you decide to pursue legal action, it’s advisable to consult an experienced lawyer who can assess the details of your case to determine if you have a valid claim. They will investigate the circumstances surrounding the accident and gather evidence to substantiate your case. After collecting evidence, they can assist in negotiating a fair settlement on your behalf.
What Happens if a Satisfactory Settlement Cannot Be Reached?
The primary goal of the insurance company is to make a profit. They operate like any other business, employing various tactics to minimize the amount they pay out in claims. By offering lowball settlements, they can reduce their expenditures. However, this often leaves injured victims without funds to cover their medical expenses, property repairs, and other accident-related costs. It’s important to understand that once you accept a settlement, you forfeit your right to pursue further legal action. This means if your conditions worsen over time, you won’t be able to recover additional compensation. Therefore, you must reach maximum medical improvement before accepting a settlement to ensure you receive the funds you need to get your life back on track.
Although settling outside of court is usually favored, the negligent party or their insurance company may not be willing to provide the full and fair compensation to which you are entitled for your damages. In such cases, a New York City personal injury lawyer can represent your interests in court. At James Newman, P.C., we are prepared to help you understand your legal options and fight for the justice you deserve. Connect with our firm today to discuss your case.
