What To Expect When Filing A Claim Through A Slip & Fall Attorney In Long Island, NY

by | Oct 9, 2014 | Attorney

Premise’s liabilities such as a slip and fall injury is among the most common accident claims filed. These cases require the claimant to prove negligence on the behalf of the property owner or party which is responsible for maintaining it. These cases range from injuries in a department store to accidents that occur at local parks and playgrounds. If you or a loved one sustained an injury, you should contact Slip & Fall Attorney In Long Island NY today to file a claim.

What To Expect When Filing

In truth, although a defendant is identified in the lawsuit, you are actually filing a lawsuit against their insurance carrier. It is this provider who will release funds to distribute to you after you win. However, what you must realize is the insurer will scrutinize you heavily and fight back with a claim to imply that you shared the fault for your injuries.

Shared Fault Ruling

New York is among the states that will utilize the shared fault ruling. If the defendant can prove that you played a role in causing the accident, the court will reduce your settlement value based on the percentage determined. This percentage dictates the amount of fault addressed to you based on the circumstances of the accident.

Limitations and Restrictions

All accident victims have a limit of two years to file a claim against the individual or party responsible for your injuries. If you fail to file this claim before the deadline based on the statute of limitations, you forfeit your rights to acquire compensation for your injuries. This includes monetary awards for your medical costs and any wages you lost during your recovery time.

New York personal injury laws do allow you to demand compensation from the individual that caused your accident. Under state laws, tort rulings are available for pain and suffering as well as emotional distress caused by the accident. While there may be a cap for the value that you can acquire through litigation it doesn’t prevent you from acquiring what you deserve. If you were injured due to someone else’s negligence, you should contact a Slip & Fall Attorney In Long Island NY now.

 

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