To win your New York slip and fall personal injury settlement you must provide clear evidence of how the other party was responsible for your accident.
For example, let’s assume you were inside a grocery store and you slipped and fell on the wet floor. In order to get a fair lawsuit settlement you should take the following steps:
File Store Accident Report
The first thing you should is it to speak with the store’s manager to file an accident report.
Most stores require their managers to document all store accidents.
Having written proof of your accident can give your New York slip and fall injury lawsuit more credibility. The report documents your accident and goes in the store’s official records.
You can also make sure the accident report describes how and where you were injured. For example, you can ask the manager to write down that you “were injured on the frozen food aisle, where you slipped and fell on some water leaking from the freezers.”
After the report is completed, ask the store manager for a copy of it. They might not provide you one because the report is primarily for their own records.
But don’t worry. Your injury lawyer can always subpoena them for it later.
Next you should…
Get Name of Insurance Company
If you were in a car accident with another driver, you would ask for the other driver’s insurance information. Similarly if you are injured on another person’s property, you should ask for the name of their insurance provider.
All businesses are required to carry something known as a “premise liability” insurance policy. This policy deals with any accident claims that happen on the business owner’s property.
You should get the insurance company’s name and contact information so that you can follow up with the status of your slip and fall claim.
Most likely the manager will tell you that they’ll file the accident report with their insurance company and that someone from the company will contact you. If you don’t hear from anyone in a couple of weeks, follow up with the manager. Ask them for the contact information of the owner or corporate office.
You’re next step is to…
Get Medical Treatment
Most people who suffer slip and fall injuries don’t even visit a doctor because they think it’s not serious.
However, if you don’t visit a doctor, the insurance company will not take your slip and fall claim seriously. The insurance company will think “how badly could this person have been injured if they didn’t even see a doctor.”
What you don’t realize is that your New York slip and fall lawsuit primarily depends on the cost and extent of your medical treatment. If you have zero medical bills or zero doctor visits, then your insurance claim simply is not considered serious enough to get a settlement.
Your injury claim will simply have no credibility without a medical report backing up your injuries. Saying you suffered a “sprained ankle” is not as serious as showing an x-ray with a medical report stating you suffered a grade 2 sprain with a ligament tear in your left foot.
The latter makes your injuries more real and vivid. It makes it more likely that your New York slip and fall claim will be taken seriously and not be tossed aside as just another person trying to sue the company.
So get checked up and get a copy of the medical report detailing your accident and any potential long term impact.
The more proof you have, the better your chances of getting a New York slip and fall injury settlement.
Most stores have surveillance cameras on their aisles. You can use the video to show if the store owners were negligent and at fault for your injuries.
For example, does the video clearly show the aisle was wet? Did anyone mop the area? Were there any wet floor warning signs? How long did it take the manager to take any precaution?
Ask the store manager that you would like to see the part of the video that shows your accident. If for some reason you are not able to get the security camera footage, use your own camera.
Take pictures/videos of the area you slipped from multiple angles. Try to show how hazardous the area was. Pan around the area to show if there are clear warnings about the hazardous area.
Getting a New York slip and fall injury settlement is not easy. You need a lot of evidence that shows the store owner was responsible for your injuries.
Ask around and see if you can find witnesses to your accident or may have been injured themselves.
If you can find several witnesses, that will corroborate your story. If you find past accident victims, it can show the store has a history of being negligent making them appear more irresponsible.
Winning your New York slip and fall claim will be tough. The burder of proof is typically high for these type of claims.
However, if you follow these steps you should significantly increase your chances of getting a fair settlement.
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