Slip and fall injury victims find themselves tangled up in an ocean of medical bills, loss of income from being unable to work, and stress over their future, often including back pain from slip and fall. While they are trying to recover from their injuries, it can be difficult to think about legal issues such as pursuing compensation from the property owner responsible for their accident.
When to File a Slip and Fall Injury Lawsuit
Every state has laws, called statutes of limitations, that dictate the window in which injured victims can file a lawsuit. In New York, the statute of limitations is three years for most personal injury claims. The clock begins to tick at the moment the accident occurs, which is why it is important to contact an experienced attorney as soon as possible following your slip and fall incident, particularly if you are experiencing ongoing back pain from slip and fall.
The first step in filing a slip and fall case is to serve the defendant with a complaint, which sets out the general allegations of your claim. The complaint also includes a “prayer for relief,” which states the types of damages you are seeking, including compensation for back pain from slip and fall. After the complaint has been served, the defendant will typically respond with a written answer, which may include various admissions, denials, and defenses to your claims.
In cases involving government agencies or employees, the process of filing a lawsuit is slightly different. For example, if the intended defendant was a city agency, you must file a notice of claim within 90 days of your accident with the attorney general’s office, which contains detailed information about the accident, including any back pain from slip and fall. If you are seeking compensation from the state of New York, your case will go through the Court of Claims instead of the regular civil courts. This process can take up to two years to complete.
While it is important to file a slip and fall lawsuit within the statute of limitations, your legal team will also need time to investigate your case thoroughly. This can take weeks at the very minimum, and it could stretch into months depending on a variety of factors such as determining what caused your slip and fall, interviewing witnesses, and obtaining medical records, especially those documenting back pain from slip and fall.
Whether you are seeking compensatory damages for your injuries or damages for property damage, our attorneys will need to prove that the liable party’s negligence was the cause of your accident and resulted in your losses. This can be challenging, especially since liable parties will try to blame your accident on other things such as clumsiness or not being attentive. We will use comparative fault laws to weigh your contributions to your accident against the contribution of the liable party’s negligence, which will include a focus on proving the impact of back pain from slip and fall on your life.
Slip-and-fall accidents are one of the most common causes of injuries, including serious ones like back pain from slip and fall. They often happen in places where people go on a regular basis, like grocery stores, other retail stores, restaurants, offices, theaters, and stadiums. People of all ages can experience these types of accidents, and they can lead to serious injuries that can prevent someone from returning to work or even putting them out of commission for a long period of time. If you’ve suffered an injury from a slip-and-fall accident on someone else’s property, it is important to take certain steps to protect your legal rights.
Notify the person in charge – You may be inclined to avoid drawing attention to yourself after a fall at a place of business, but it’s important that you do so. Whether it’s the person in charge of the store or an employee, make sure that the person knows that you have slipped and fallen and have sustained an injury. Doing so ensures that the incident is documented and also improves your chances of receiving compensation for your accident-related expenses, including treatment for back pain from slip and fall, if you file a lawsuit.
Request a police report – While the last thing on your mind after suffering an injury is to call the police, it is in your best interest to do so. A police report documents the specifics of your accident and provides independent eyewitness statements. The police can also document any code violations or obvious tripping hazards that contributed to your accident. This documentation can be crucial if you experience back pain from slip and fall, which may not be immediately evident.
Seek medical attention – Getting checked for your injuries right away is the most important thing you can do after a slip and fall in New York. Serious injuries may not immediately show symptoms, and delaying treatment can increase the risk of permanent damage. It’s also important to get a full diagnosis so that you can prove the extent of your damages, including any back pain from slip and fall that could later prove debilitating.
Contact a New York City slip-and-fall lawyer – You have a limited amount of time to take action after a slip-and-fall injury in New York. The statute of limitations varies depending on whether you’re suing a private defendant or a government entity, but it’s generally three years. The clock starts ticking as soon as you sustain your injuries, so it’s vital to have a knowledgeable New York slip and fall attorney review your case to explain your legal rights, especially if your injuries involve back pain from slip and fall.
In a lawsuit, your New York slip-and-fall attorney would draft a complaint that includes the details of your accident and the injuries you sustained, such as back pain from slip and fall. This is served to the defendants, who then have a limited amount of time to respond. This could include a response to the claim, which could admit to or deny your allegations, or a motion to dismiss, which seeks to have part or all of your lawsuit dismissed. Fortunately, there are some situations where the statute of limitations can be paused or tolled, which gives you more time to file your slip and fall lawsuit. Contact our office for more information about how this works in practice.
The second you slipped and fell, your life turned into an unpredictable whirlwind of medical treatment, pain, loss of income due to inability to work, and other financial stressors, potentially including back pain from slip and fall. Now you find yourself wondering what your next steps should be, especially as the defendant’s insurance company attempts to discredit your claim and blame the accident on you or your own pre-existing condition.
A skilled New York slip and fall attorney can review your case, provide legal counsel, and assist you in filing an effective claim for compensation to cover your medical expenses, lost wages, property damage, and other losses, which might include ongoing treatment for back pain from slip and fall. A qualified lawyer also has access to investigators and other resources that can strengthen your case, such as video footage from nearby cameras and surveillance equipment.
Contacting a lawyer as soon as possible after your accident can help you avoid mistakes that could harm your chances of receiving full and fair compensation for your losses, including those associated with back pain from slip and fall. For example, you should not give a recorded statement to the insurance company of the property owner where your accident occurred. It may not only attempt to use your words against you, but it is also best not to post anything on social media because even seemingly innocuous posts can be twisted by the opposing side and used against you during trial.
New York law requires owners of residential and commercial properties to maintain their premises in a safe condition. This includes addressing any hazards and dangers, such as slippery floors or uneven sidewalks. Proving that the defendant had actual or constructive knowledge of the dangerous condition is a critical element of a slip and fall case, particularly when it contributes to back pain from slip and fall. Constructive knowledge means the condition existed long enough that the defendant should have discovered it, and actual knowledge means the defendant was aware of it directly.
If you are not at fault, a court will typically award you compensation for your injuries, including back pain from slip and fall. However, in the event that you share some of the blame for your accident, the courts will reduce your compensation by your percentage of fault.
When you have a dedicated NYC slip and fall injury lawyer on your side, the insurance company will not be able to take advantage of you. Your attorney will know the most effective manner and content to file a claim and will not say anything that could be twisted by the insurance company into an admission of guilt. They will ensure that any issues related to back pain from slip and fall are thoroughly documented and presented as part of your claim for compensation.
Kucher Law Group Injury Attorney
463 Pulaski St #1c, Brooklyn, NY 11221, United States
(929) 563-6780