People fall and get hurt probably every day. While many people get back up and brush themselves off, perhaps with a bruised ego, others are not so lucky. Some people are so badly hurt after a slip and fall accident that they need emergency medical attention. They might even live with long-term complications. If this sounds like you, call a lawyer for help now.
After a bad fall, you should talk to an attorney about whether the owner of the property where your accident occurred can be held liable for your damages. To get fair compensation, we must have evidence of the hazardous conditions on the premises and evidence of the owner’s failure to maintain the premises for the safety of guests. We should also have evidence of your damages, including medical records and even details of your income, to help us establish the value of lost wages if you had to take time away from work. Our attorneys can help you evaluate your claims and get your case started.
Get a free, private assessment of your claims by calling The Martello Law Firm at (914) 685-6950 and talking to our slip and fall lawyers.
Evidence We Need to Prove Your Claims in a Harrison, NY Slip and Fall Case
A great place to begin looking for evidence is at the accident scene. Often, people take pictures after an accident so they have some proof to show to an insurance company. If your photos captured crucial details about the dangerous conditions on the premises that caused you to fall, we can use them as evidence in court. This might be more crucial than you realize, as property owners may clean up the accident scene and remove the hazards that caused your accident. Your photos might be all that remains of the accident scene.
Depending on where your slip and fall accident happened, our slip and fall lawyers might be able to obtain copies of security camera videos. For example, if you fall in a business, restaurant, or store, security cameras are likely in the area, and one might have recorded the accident. These videos might show the extent of the unsafe conditions on the property and what exactly happened when you fell.
We should also work on getting copies of medical records from after the accident. Records of your injuries, treatment, and medical costs might be necessary to prove your claim for damages. Remember, the court cannot award damages for medical expenses if we do not present evidence of your medical costs.
Recoverable Damages in a Harrison, NY Slip and Fall Case
Speaking of damages, yours might be much more substantial than you think. People have a bad habit of disregarding or dismissing injuries from slip and fall accidents. People who file such claims are often labeled as greedy or accused of exploiting the legal system to make a quick buck. The truth is that injuries and damages in slip and fall cases can be severe, and you deserve fair compensation after what happened to you.
Non-economic injuries include subjective yet painful personal experiences. You might claim damages for the excruciating physical pain you endured from your injuries. If your injuries are severe, such as head, neck, or back injuries, damages for pain might be high. You can also claim damages for psychological, mental, and emotional anguish. These damages tend to be more significant in cases where victims are traumatized and humiliated, which is not uncommon in slip and fall accident.
Economic damages are more objective and based on actual amounts of money. The more money you spend to recover from your injuries, the more economic damages you may claim. Medical bills, lost income from missing work, and even the cost of traveling for medical care should all be evaluated. Be sure to keep thorough records of your expenses from the accident.
What We Must Prove in a Slip and Fall Case in Harrison, NY
Proving your claims in a slip and fall accident usually means we must prove how the defendant’s negligence caused your accident. Negligence is comprised of four critical legal elements: duty, breach, causation, and damages. Each element must be sufficiently proven for your claims to succeed.
The defendant’s duty of care stems from their status as the property owner. They are legally obligated to take reasonable steps to make the premises safe for guests. This might include removing or repairing known hazardous conditions, posting warnings about hazards that cannot be removed, and making reasonable inspections for unknown hazards.
Next, we must show how the defendant breached their duty of care. In slip and fall cases, we must show that the defendant failed to take reasonable steps to make their property safe. They might have allowed the property to fall into disrepair, or they might have taken inadequate safety precautions. Worse still, they might have known about unsafe conditions and chosen not to warn guests.
Your injuries must be directly connected to the defendant’s breach of their duty. We need evidence showing how the defendant’s failure to keep their property safe is the direct cause of your accident. Finally, we have to show your damages are real. You cannot claim damages for close calls or near misses.
What Our Harrison, NY Slip and Fall Lawyers Can Do to Help You
Our legal team can help you get your claims into court so that you can get fair compensation for your injuries. First, we should evaluate your claims to determine if you can file a case at all. Not every slip and fall accident is due to some negligent failing of the property owner. Talk to your attorneys about what happened to you, and they can determine if you have a valid cause of action.
Next, we should assess your damages. We must have an accurate picture of your damages before we file the case. Courts will only consider the damages we include in your initial complaint. If damages are left out by mistake or undervalued, correcting the issue might be difficult or impossible.
Your attorney should also help you determine the most effective legal strategies for your case. Having evidence is only half the battle. We need to know the best way to use it. This determination is unique for each case, and you should discuss it thoroughly with your lawyer.
Give Our Harrison, NY Slip and Fall Attorneys a Call Today
Get a free, private assessment of your claims by calling The Martello Law Firm at (914) 685-6950 and talking to our slip and fall lawyers.
