Slip and fall accidents are a common occurrence, especially in Orchard Park, New York, where the winter months can bring treacherous weather conditions. If you have been injured in a slip-and-fall accident due to someone else’s negligence, you may be entitled to compensation for your injuries. Filing a slip-and-fall lawsuit in Orchard Park, New York, can be a complex and daunting process, but with the right knowledge and guidance, you can navigate the legal system and protect your rights.
Here are the steps you should take to file a slip and fall lawsuit in Orchard Park, New York:
Seek Medical Attention
The first and most important step is to seek medical attention for your injuries. Even if you think your injuries are minor, it is essential to get them checked out by a medical professional. Not only is this important for your health and well-being, but it also provides crucial evidence for your case.
Gather Evidence
After seeking medical attention, the next step is to gather evidence to support your case. This includes taking photos of the accident scene, including any hazardous conditions that caused your fall. You should also collect witness statements and contact information, as well as any relevant documents such as medical bills and police reports.
Consult with an Attorney
Slip and fall lawsuits can be complex, and it is always best to consult with an experienced attorney who can guide you through the legal process. An attorney can help you understand your rights, evaluate the strength of your case, and negotiate with insurance companies and opposing parties.
File a Complaint
If you decide to move forward with your lawsuit, your attorney will file a complaint with the court. The complaint will outline the details of your case, including the injuries you sustained, the cause of the accident, and the damages you are seeking.
Serve the Defendant
After filing the complaint, your attorney will serve the defendant with a copy of the complaint and a summons to appear in court. The defendant will have a specified amount of time to respond to the complaint, and the legal process will proceed from there.
Negotiate a Settlement
In many cases, slip-and-fall lawsuits are settled outside of court through negotiations between your attorney and the defendant’s attorney. A settlement can provide you with compensation for your injuries without the need for a lengthy court battle.
Go to Trial
If a settlement cannot be reached, your case will go to trial, and a judge or jury will determine the outcome. This is why it is essential to work with an experienced attorney who can present a strong case on your behalf.
Additionally, it is important to note that New York State has a statute of limitations for slip and fall lawsuits. This means that you have a limited amount of time to file a lawsuit after your accident. In New York, the statute of limitations for slip and fall lawsuits is three years from the date of the accident. It is essential to keep this timeline in mind and act promptly to ensure that you don’t miss your opportunity to file a lawsuit.
Another factor to consider is the concept of comparative negligence. In New York, if you are found to be partially responsible for your slip and fall accident, your compensation may be reduced proportionally to your percentage of fault. For example, if you are found to be at 20% at fault for your accident, your compensation may be reduced by 20%. This is why it is important to gather evidence and work with an attorney to build a strong case that shows the other party’s negligence.
It is worth noting that slip-and-fall lawsuits can be complex and can take time to resolve. It is important to be patient and work closely with your attorney throughout the process. With the right guidance and support, you can protect your rights and seek the compensation you deserve.
At Andrews, Bernstein & Maranto, PLLC, we have extensive experience in handling slip and fall cases in Orchard Park, New York. We can assist you with every step of the process of filing a slip-and-fall lawsuit. We begin by conducting a thorough investigation of your case, including gathering evidence such as photographs, witness statements, and medical records.
We will then evaluate the strength of your case and advise you on your legal options. Our attorneys have a proven track record of negotiating with insurance companies and opposing parties to reach a fair settlement for our clients. If a settlement cannot be reached, we are prepared to take your case to court.
At Andrews, Bernstein & Maranto, PLLC, we understand the impact that slips and fall accidents can have on your life. We are committed to providing compassionate and personalized legal services to our clients. We will listen to your concerns, answer your questions, and keep you informed every step of the way.
Our attorneys have the knowledge, experience, and dedication to provide you with the legal representation you need to protect your rights and seek justice. If you have been injured in a slip and fall accident in Orchard Park, New York, we can help you file a lawsuit and pursue compensation for your injuries.