Unfortunately, slip and fall accidents can happen at any time, often resulting in extensive injuries that impact your health and financial security. If you suffered injuries in a slip and fall due to another party’s negligence, it’s important to understand that you are entitled to pursue legal action to recover compensation for your damages. While settling may seem like a no-brainer as it’s much faster and less expensive than litigation, filing a premises liability claim may be necessary to protect your rights. Please continue reading to learn the process for settling a slip and fall claim in New York and why connecting with a dedicated New York City Premises Liability Attorney is in your best interest.
What Factors Should I Consider When Settling a Slip and Fall Claim?
There are several factors that can affect when you can settle your claim in New York. It’s important to understand these factors when preparing to pursue legal action for your damages.
In New York, the statute of limitations for filing a slip and fall claim is three years from the date of the accident. If you exceed this time limit, you will face the absolute bar of recovery, regardless of fault. This means if the statute expires, you no long have a case in the eyes of the law. Keep in mind, you don’t need to settle your claim within this deadline, however, the case must be initiated within this timeframe to safeguard your rights. As such, it’s important to enlist the help of an experienced attorney who can help you investigate the circumstances of the accident and gather evidence to support your claim.
In addition, you will need to prove the property owner was negligent, which led to your injuries. New York is a comparative neglgience state. This means an injured party can still recover damages if they are partially at fault for an accident. However, their award will be reduced in proportion to their degree of fault for the accident. As such, to ensure you receive the full and fair compensation to which you are entitled, you will need to build a strong case to prove that you were not responsible for the accident.
What Should I Expect From Proceedings?
The first step in a slip and fall case is to file a premises liability claim. Once filed, you will need substantial evidence to support your case. To maximize your chances of a favorable outcome, it’s in your best interest to contact a skilled attorney who can help you investigate the cirucmstances of the accident to determine whether or not you have a valid claim, offer advice to strengthen your position, and negotiate with the insurance company on your behalf. With the help of your attorney, you can file a claim with the negligent party’s insurance company. They will likely offer a settlement. However, it’s important to understand that they usually offer a lowball number. Your attorney will ensure you receive a fair settlement.
After some back and forth negotiations with the insurance company, you may be able to reach a reasonable settlement. If you accept the offer, you will receive compensation for your economic and non-economic damages. Nevertheless, it’s important to understand that by accepting the settlement you are waiving your right to pursue further legal action. If a just settlement cannot be reached, your attorney can represent you interests in court.
If you need quality legal representation, please don’t hesitate to contact our firm today to learn how we can help safeguard your interests. Connect with Swerling Law today to discuss your legal matter.
