Falls account for more than 8 million hospital emergency room visits, representing the leading cause of visits. Slip and falls account for more than 1 million visits, or 12% of total falls.
When a slip and fall accident happens on someone else’s property, the owner may be liable for your injuries and the costs associated with the incident. However, unlike other accidents, fault may not be obvious in slip and fall cases. As such, insurance companies rarely admit liability, especially if you don’t have an experienced NYC slip and fall accident attorney.
How an Attorney Can Help
The attorney’s first job in a slip and fall case is to put the property owner and the insurance adjuster on notice. It is also important for an attorney to send a preservation of evidence letter. Most properties have surveillance cameras. A surveillance video can capture your slip and fall and prove fault on behalf of the owner. A preservation letter makes it mandatory for the property owner to preserve the video and not get rid of it.
Proving Liability In a Slip and Fall Case
In order to win and get compensated in a slip and fall claim, you need to prove the property owner was liable for the accident. This means that your slip and fall injury lawyer has to prove that, more likely than not, the property owner was negligent and such negligence played a part in causing your injury. Unlike motor vehicle accident cases, proving negligence is more difficult in slip and fall cases.
The first step your attorney needs to take in proving liability is to confirm the facts of how the incident happened. The more facts you have, including photographs of the scene and an incident report, the more likely you can prove fault.
Proving Damages in a Slip and Fall Claim
Proving damages is also important in successfully resolving your slip and fall claim. Important ways you can do this include:
- Document your loss of wages through your tax returns and your employer’s records.
- Obtain and organize all of your medical records. You will also need to get a complete set of your medical bills to reflect how much your treatment has cost.
- Keep a log of your out of pocket expenses
In addition to your special damages (any damage that can be proven with a bill or receipt), your attorney will also need to prove your general damages. This type of damage is generally referred to as pain and suffering. This is any type of damage you suffered that cannot be substantiated with bills and receipts.
Call a New York Accident Attorney Today
If you or a loved one has been injured in a slip and fall accident on someone else’s property, you may be entitled to monetary compensation. For more information or to consult with one of our experienced New York premises liability accident attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.