Experiencing a negligent security accident can be a frightening and overwhelming experience. Whether it happens in a parking lot, a store, or another public or private property, the consequences of such accidents can be serious. Negligent security occurs when a property owner fails to provide adequate safety measures, which can lead to injuries caused by criminal acts or hazardous conditions. Understanding what to do after such an incident is essential for protecting your health, rights, and potential legal claims. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Stay Calm and Seek Medical Attention
The first thing you should do after any accident is to remain as calm as possible. It is easy to become panicked or disoriented after an injury, but taking a deep breath and focusing on what to do next can make all the difference. Your well-being should always be the top priority. If you are injured, seek medical attention immediately. Even if your injuries do not seem severe at first, it is important to have a medical professional assess your condition. Some injuries, like concussions or internal injuries, may not show symptoms right away.
Getting medical help not only ensures that your injuries are treated, but it also creates a medical record of the accident. This documentation can be crucial later if you pursue a legal case for compensation. Be sure to keep all of your medical bills, prescriptions, and any recommendations from your doctor. These will help demonstrate the extent of your injuries and how they are related to the negligent security conditions that caused your accident.
Report the Accident to the Property Owner or Manager
Once you have taken care of any immediate medical needs, it is important to report the accident to the property owner or manager. This step is essential because it alerts the responsible parties to the incident and creates a record of what happened. When you make the report, be sure to include details like the time, date, and location of the accident. Describe the unsafe condition or lack of security that contributed to your injuries.
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If possible, ask for a written copy of the accident report. Having written documentation from the property owner or manager can be helpful later if there is a dispute about the events that occurred. However, do not sign any documents or agreements without consulting a lawyer first. Property owners and their insurance companies may try to offer quick settlements or ask you to sign away your right to take legal action. It is important to avoid making any decisions before understanding your rights fully.
Gather Evidence of the Scene
After reporting the accident, gather as much evidence as possible from the scene. Evidence can include anything that helps demonstrate the unsafe conditions that led to your injury. Take pictures of the area, focusing on any hazards like broken lighting, a lack of security cameras, or other factors that contributed to the accident. If there were witnesses who saw the accident happen, ask them for their contact information. Witnesses can be valuable in supporting your version of events and may be willing to provide statements later.
Keep in mind that conditions at the accident scene can change quickly. For example, a property owner might repair a broken light or clean up a hazardous area soon after your accident. Gathering evidence as soon as possible will help preserve important details that could be essential to your case. Even small details, such as the weather at the time of the incident or the number of people present, can make a difference when proving that the property owner was negligent.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Understand Your Legal Rights
Negligent security accidents often occur because a property owner failed to take reasonable steps to keep visitors safe. Under New York law, property owners have a duty to provide adequate security measures to protect people from foreseeable dangers. This duty includes things like ensuring proper lighting, maintaining security cameras, and hiring security personnel when necessary. If a property owner fails to meet these obligations and you are injured as a result, you may have the right to seek compensation.
Understanding your legal rights after a negligent security accident can be challenging, especially when you are dealing with medical treatment, missed work, and other consequences of the accident. A lawyer experienced in negligent security cases can help explain your options and guide you through the process of pursuing a legal claim. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages caused by the accident.
Avoid Discussing the Incident Without Legal Advice
After an accident, it is natural to want to talk about what happened, especially with friends, family, or on social media. However, it is important to be careful about discussing the details of the incident publicly. Anything you say, whether to the property owner, their insurance company, or even on social media, could potentially be used against you later. Insurance companies may try to twist your words to downplay the severity of your injuries or the property owner’s responsibility.
Before discussing the accident with anyone, it is a good idea to consult with a lawyer who can advise you on how to handle communication. A lawyer can also handle conversations with the property owner’s insurance company on your behalf, ensuring that your rights are protected throughout the process. By having legal representation, you can avoid common mistakes that could jeopardize your claim.
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File a Negligent Security Claim
If you decide to pursue legal action after a negligent security accident, your lawyer can help you file a claim. This claim will seek compensation for the injuries and losses you suffered due to the property owner’s failure to provide adequate security. The process of filing a claim typically involves gathering evidence, documenting your injuries, and negotiating with the property owner’s insurance company. In some cases, the insurance company may offer a settlement, but it is important to carefully consider any offers with the guidance of your lawyer.
Filing a claim can take time, and each case is unique. In New York, there are specific deadlines for filing personal injury claims, known as statutes of limitations. If you miss these deadlines, you may lose your right to pursue compensation. A lawyer can help ensure that your claim is filed correctly and within the appropriate timeframe. Additionally, if the insurance company refuses to offer a fair settlement, your lawyer can represent you in court to fight for the compensation you deserve.
Stay Involved in the Legal Process
Once you have filed a claim, it is important to stay involved in the legal process. While your lawyer will handle the majority of the legal work, your participation is still essential. This may include providing additional information, attending meetings, or answering questions about your injuries and the accident. Staying in communication with your lawyer and following their advice will help strengthen your case and improve your chances of receiving fair compensation.
Verdicts & Settlements
The legal process can sometimes be lengthy, but staying patient and focused will help ensure the best possible outcome. By working closely with your lawyer and staying informed about the progress of your case, you can feel confident that your rights are being protected.
If you have been injured in a negligent security accident in New York, it is important to take action as soon as possible. At Andrews, Bernstein & Maranto, PLLC, our experienced team is here to help you every step of the way. We understand the challenges that come with recovering from an injury and navigating the legal system. Our attorneys are committed to providing the support and guidance you need to pursue justice and fair compensation.
Do not wait to get the legal help you deserve. Contact Andrews, Bernstein & Maranto, PLLC today to schedule a consultation and learn more about how we can assist you in your negligent security case.