Kucher Law Group

Legal Steps to Take After a Slip and Fall Injury in New York

Slip and fall accidents can cause devastating injuries that result in long-term medical complications, such as back pain from slip and fall, and financial instability for victims. If you have suffered an injury from a slip and fall on someone else’s property, it’s critical that you take the following legal steps to protect your rights and ensure that you receive full compensation for your losses.

Seek medical attention for your injuries immediately after your accident. This is not only a matter of personal health and safety, but it also creates official medical records that are essential to your claim. Your medical records will document the extent of your injuries, which will help establish your damages when it comes time to settle or litigate your case, including any back pain from slip and fall.

If you are able, obtain contact information for any witnesses at the scene of your accident. Witness testimony can be a strong element in your case to establish liability, especially if the property owner tries to evade responsibility for your accident. Witnesses can provide important details that can help substantiate your claim, such as whether or not the property owner knew about the hazardous condition that caused you to slip and fall and potentially suffer back pain from slip and fall.

Take photos of your injuries, the area where you fell, and any objects/substances that may have contributed to your accident. Pictures are a powerful tool that can make or break a legal claim. If possible, request to see any video surveillance that may have captured the incident. Such evidence can be crucial, particularly if you suffer from back pain from slip and fall, as it helps substantiate the severity and impact of your injuries.

Contact a reputable New York City slip and fall lawyer as soon as possible. An attorney will review the details of your case, assess the severity of your injuries, including back pain from slip and fall, and determine how much you should be compensated for your damages. They will handle the complicated paperwork and deadlines so you can focus on healing from your injuries.

Avoid discussing the accident with others or posting on social media. The insurance company for the property owner will likely ask you to give a recorded statement, and anything you say can be used against you during the negotiation process or in court.

It is also wise to refrain from recreational activities until your lawyer advises you it is safe to do so. Similarly, do not post photos of your leisure activities on social media. Opposing counsel can use these activities as evidence that your injuries are not as severe as you claim or that you have a pre-existing condition, which could undermine claims related to back pain from slip and fall.

Establishing fault
In the vast majority of slip and fall cases, the injured party must prove that the property owner was negligent in maintaining or repairing the property and that this was the cause of your accident. Proving negligence involves proving actual or constructive knowledge of the dangerous condition and that the property owner failed to do something about it.

The law in New York allows a victim to file a lawsuit against the responsible party within 90 days for a privately owned property or one year for government-owned property. The sooner you hire a knowledgeable NYC slip and fall attorney, the better chance you have of receiving maximum compensation for your injuries, including those related to back pain from slip and fall. 

Hiring a Lawyer for Slip and Fall Injuries in New York

Slip and fall injuries are more common than people may think, whether on the sidewalk outside of their home or in the parking lot of a business, often leading to serious conditions like back pain from slip and fall. These accidents can result in serious injury, including loss of income and medical bills. In some cases, a property owner may be found responsible for these losses and should pay compensation to the victim. Hiring a lawyer for your case can help you navigate the legal process and pursue the maximum compensation possible for your damages.

When seeking a New York slip and fall lawyer, be sure to review their track record and reputation. It is also a good idea to ask for referrals from friends and family members who have had previous experience working with a personal injury attorney. Once you have a list of potential lawyers, schedule consultations to discuss your accident and evaluate their abilities. During your consultation, take note of how the lawyer treats you and addresses all of your questions. This can give you a good indication of their level of skills and how comfortable you will feel during the process, especially when dealing with sensitive issues like back pain from slip and fall.

New York law defines a property owner’s duty to maintain the property to prevent foreseeable hazards that could lead to a slip and fall. A property owner must correct the hazard or provide warnings if they know of it. If they fail to fix the hazard or do not adequately warn visitors, the property owner is liable for any resulting injuries, including back pain from slip and fall. A successful slip and fall case depends on proving that the property owner knew about the hazard or should have known, and that it was the cause of your injuries.

A qualified slip and fall lawyer can build a strong argument that proves that the property owner was negligent, thus causing your accident and possibly leading to conditions such as back pain from slip and fall. This can be difficult since the property owner will likely defend their actions by claiming that you were at fault or that the accident was unavoidable. An experienced lawyer can counter these arguments and use the evidence that supports your claim to win your case.

The most important thing is to consult with a New York slip and fall attorney as soon as possible after your accident. This will ensure that crucial evidence does not disappear, and that you do not say anything that could be used against your claim, particularly if you are suffering from back pain from slip and fall. Your lawyer can also negotiate with the insurance company of the property owner to secure a fair settlement.

Many slip and fall cases are resolved out of court through a negotiated settlement. It is critical to have your New York slip and fall lawyer review any documents before signing them so that you are certain you will receive full and fair compensation for your damages, including those related to back pain from slip and fall. 

Proving Negligence in New York Slip Cases

A successful personal injury claim requires that you have documentation of your losses, such as medical records detailing back pain from slip and fall. For a slip and fall claim, this may include medical records from your treating doctor, documentation of any financial losses such as receipts for lost income due to your inability to work, and other documented costs associated with your accident. The more detailed the information you have, the better positioned you are to be awarded maximum compensation for your losses.

It is also important to have evidence that shows how the accident occurred. This could be video footage, witness statements or photographs taken at the scene of your slip and fall accident. Your NYC slip and fall lawyer can help you collect this evidence while pursuing your case. Such evidence is crucial especially when you have sustained injuries like back pain from slip and fall, as it helps to establish the conditions that led to your accident.

Premises liability laws in New York require that property owners show a duty of care to those who visit their premises. This includes a duty to regularly inspect the inside and outside of their property, make necessary repairs, and provide warning signs for dangerous conditions that might exist. In a slip and fall lawsuit, your attorney will need to demonstrate that the defendant violated this duty of care by failing to maintain their property or warning guests of existing dangers, which then resulted in an accident causing injuries such as back pain from slip and fall.

When proving negligence in a lawsuit, there are four key elements that must be established: the defendant owed you a duty of care; they breached this duty of care; this breach caused your accident; and you suffered injuries and damages as a result. Your NYC slip and fall attorney can help you prove each of these elements and build a strong case for fair compensation from the responsible parties, particularly if the injuries involved are as debilitating as back pain from slip and fall.

There are many different people and entities that can be held liable in a slip and fall accident. This includes the property owner, the property’s manager, a tenant if you were injured at a business, and even the city if its workers poorly maintained a sidewalk where your accident occurred. Our firm can investigate your case to identify all potential liable parties and pursue their insurance policies to get you compensated for your losses, including ongoing costs associated with back pain from slip and fall.

It is crucial to discuss your case with an experienced New York slip and fall lawyer as soon as possible after the incident occurs. The three-year statute of limitations in these types of cases is strict, and filing a lawsuit past this date will result in forfeiting any rights to compensation. Your attorney can review your accident with you to determine if there are any exceptions to the three-year rule that would allow you to file a lawsuit. A successful slip and fall claim can recover compensation for your medical bills, missed income, pain and suffering, and other losses. However, it will only be successful if you can demonstrate that the defendant’s negligence was a direct cause of your injuries, including any related to back pain from slip and fall. The New York courts apply a principle called comparative negligence, which dictates how much of your damages you receive based on how much responsibility they assign to each party. 

Kucher Law Group

Kucher Law Group Injury Attorney

463 Pulaski St #1c, Brooklyn, NY 11221, United States

(929) 563-6780