Who bears the blame for a slip and fall accident? More often than not, property owners. If you trip over a damaged sidewalk or fall in an unattended grocery store puddle, you have the right to demand that the relevant property owners fund your recovery. Should the party liable for your slip and fall accident refuse to acknowledge their fault, you can take them to civil court.
The slip and fall accident attorneys in Clarence can help you file a personal injury claim against the party or parties responsible for your most recent accident. You can reach out to Richmond Vona by phone or website to schedule a free case evaluation today. Our Clarence personal injury lawyers are more than ready to discuss your right to compensation.
Slip and Fall Accidents Versus Premises Liability Accidents
Slip and fall accidents fall under the umbrella of personal injury accidents in the eyes of New York’s civil courts, as do premises liability cases. In some ways, slip and fall accidents additionally fall under the premises liability umbrella. How so?
Consider this: property owners have a responsibility to all parties who come onto their land. This includes invitees, licensees, and even, to some extent, trespassers. So if you slip and fall on someone else’s property, and you can prove that said property owner’s negligence is to blame, you’ve technically endured both a premises liability and slip and fall accident.
The Impact of Your Case’s Label on Your Right to Compensation
In general, the label of your lawsuit doesn’t change what compensation you have the right to fight for. The label can have some influence over what civil statutes you can reference in your fight for compensation, but that impact varies from case to case. You can discuss the specific impact of those statutes on your lawsuit with a Clarence slip and fall accident lawyer.
The primary difference between a premises liability accident and a slip and fall accident is the nature of the negligence that led to your losses. If you file a premises liability accident claim, you can demand damages for all manner of situations endured on someone else’s land, including theft. Slip and fall accidents specifically apply to instances wherein gravity, your environment, and another party’s negligence did you harm.
For a free legal consultation with a slip and fall lawyer serving Clarence, call (716) 300-5885
Estimating the Value of a Slip and Fall Settlement
You understand that slip and fall accidents fall under the umbrella of both premises liability and personal injury cases. How can you pursue compensation for your losses, though, and what’s the average settlement received in a case like yours?
If you want to receive a slip and fall accident settlement, you need to file a personal injury claim with New York’s civil courts before your statute of limitations, New York Civil Practice Law & Rules section 214, expires. This means that you have two years to calculate the value of your case, find evidence to prove negligence, and file a claim.
Unfortunately, there isn’t an average settlement that you can reference when calculating the value of your accident’s losses. You can, however, request that a slip and fall accident attorney in Clarence calculate the total value of your economic and non-economic losses.
The sum total of these losses can serve as your desired settlement in conversations about accident compensation. To find that sum total, talk to an attorney about your right to compensation for the following losses:
- Post-accident emergency case
- Slip and fall accident medical bills
- Property damaged in a slip and fall accident
- Wages lost throughout your recovery
- Lost opportunities to return to work in specific industries
- Emotional distress
- Pain and suffering
- Mental anguish
You Can Negotiate for a Slip and Fall Settlement
You do not have to go to court to receive compensation for a slip and fall accident. Once you file a personal injury claim with New York’s civil courts, you can request that your attorney schedule an out-of-court negotiation with the party liable for your losses. The party may not agree to meet you, of course.
If the party does meet with you, though, you can work out a settlement agreement that accurately reflects the value of your accident-related losses. These negotiations can put money in your hands far faster than a traditional trial might.
Clarence Slip and Fall Lawyer Near Me (716) 300-5885
Securing a Slip and Fall Settlement
Should a liable party refuse to meet with you after a slip and fall accident, you may have to skip compensation negotiations and go straight into a civil trial. This process can prove lengthy. That said, a judge’s authority can compel a belligerent defendant into good behavior. If the party proves so belligerent as to not show up to hearing dates, you may win your case by default.
You can discuss what to expect from a slip and fall accident trial with our Clarence, NY, attorneys.
Talk to an Insurance Provider
You additionally have the right to file a claim for post-accident damages with a liable party’s insurance provider. You should get that party’s insurance information shortly after your accident, then contact the insurance provider within a few days.
Unfortunately, an insurance provider may prove as reluctant to offer you financial support as the liable party themselves. If an insurance provider denies your slip and fall accident claim in bad faith or otherwise tries to limit your right to compensation, let our attorneys know. We can interface with an insurance claims adjuster on your behalf.
Our team can even take an uncooperative insurance provider to civil court should the need to do so arise.
Schedule a Case Consultation With Richmond Vona
It can be difficult to assign fault for your losses after a slip and fall accident. That said, New York’s personal injury statutes give you the right to demand compensation for accident-related losses. You can, in turn, work with the slip and fall accident lawyers in Clarence, NY, to demand compensation based on the severity of your losses.
The sooner you contact an attorney after your slip and fall accident, the faster you can get a civil claim in front of a New York judge. With that in mind, call a slip and fall accident attorney with Richmond Vona today. Our team has the courtroom experience to fight for personal injury compensation on your behalf.
Schedule your free case evaluation through our website or by phone ASAP.