Long Island Potholes In Parking Lots Attorney

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Potholes in parking lots present significant fall hazards. Property owners and occupiers are responsible for reducing the risk of injuries to those who visit their property. This is true whether visitors include customers, guests, or couriers. When those responsible know about a hazard and do not repair it, they could be legally responsible for any injuries that occur.

If you stepped in a pothole and suffered injuries on Long Island potholes in parking lots lawyer can help you understand your rights. They can assess your options for getting justice and holding the property owner accountable.

The Problem With Potholes in Parking Lots

Potholes and uneven pavement are major fall hazards. Customers walking across parking lots are usually watching for cars. They expect the asphalt under their feet to be even and reliable. When it is not, falls and injuries can occur.

Trips and Falls

Potholes are generally considered a trip hazard. Someone steps into the pothole and misses stepping out of it. The hole trips their toe, propelling them forward. They often fall on their knees, catch themselves with an outstretched hand, or fail to catch themselves and hit the pavement face-first.

Ankle Twists

When potholes are deep enough, ankle twists are also common. The uneven ground causes the ankle to give way, and the person falls as a result. These injuries often include sprains, strains, or breaks to the ankle and the surrounding tissue.

Long Island property owners with potholes in their parking lots should make repairs as soon as possible. This reduces the risk of injuries, protects them from related insurance claims or lawsuits, and keeps the property in good shape. Maintaining both the interior and exterior of the property is essential for owners.

Injuries Suffered Because of Parking Lot Pothole Falls

There’s no such thing as a minor fall. People can suffer a host of injuries from potholes in parking lots, some of which lead to lifelong complications or even death.

Potholes in parking lots can lead to:

  • Traumatic brain injuries, if the victim hits their head
  • Neck and back injuries
  • Fractures
  • Internal injuries, such as internal bleeding
  • Joint injuries
  • Lacerations that could cause substantial blood loss

There is also a significant risk of getting hit by a car after a parking lot fall. This causes additional issues and could support a case against both the property owner and the at-fault driver. This is a complex situation, and you should consider connecting with a personal injury law firm as soon as possible if this happened to you.

You Should Consider These Steps After Getting Injured by a Pothole

If you fell and suffered any injuries that require medical care, you should see a doctor promptly. Notify the business or dial 911. First responders will come, and the call will document the incident location. Then, if possible, take pictures of the pothole and the surrounding area. Documenting the accident scene generates information that could support your injury claim or lawsuit later.

Recoverable Damages in a Parking Lot Fall Injury Case

Most states allow slip and fall accident claimants to seek compensation from the negligent party. While the specific rules vary from state to state, premises liability laws exist to keep people from harm.

When a fall victim files a liability insurance claim or personal injury lawsuit, they seek justice through compensation. They want money to cover the expenses and losses they suffered because of falling.

Each case involves unique damages, but compensable losses generally include:

  • Medical treatment and all related expenses, including ambulance transportation, hospitalization, rehabilitation, and more
  • Future and ongoing care and support costs
  • Income losses while the victim cannot work
  • Reduced future earning capacity
  • Miscellaneous-related expenses, such as temporary transportation costs
  • Pain and suffering
  • Other non-economic damages, such as scarring

How Much Can Someone Seek After a Pothole Parking Lot Accident?

There is no way to know how much your trip and fall case might be worth until you fully understand your prognosis and calculate your expenses to date. Understanding the possible settlement range of your case is one of the most difficult but essential parts of managing your case on your own. Having an attorney on your side can make this much easier.

Many claimants believe they understand how much money they need to pay their medical bills and cover their missed income during treatment. However, they often dramatically underestimate the value of their intangible damages, like pain and suffering. This is because, without receipts, there’s no way to know how much these losses are worth.

Working with a premises liability attorney on your fall case is a good way to ensure you seek compensation for the full scope of your damages. Your attorney can work with experts to determine your estimated future care costs and use their own experience to put a price on your economic and non-economic damages.

The Benefits of Letting a Personal Injury Attorney Handle Your Pothole Fall Case

There are numerous benefits to working with a personal injury law firm after a parking lot fall on Long Island. They generally offer free consultations so you can learn more about their services and how they will approach your case. You can also ask questions about their contingency-fee policies at this time. In this arrangement, you don’t pay anything to get a personal injury lawyer to work on your case they receive a portion of your financial recovery as payment for their help.

Personal injury lawyers know how insurance companies work and the tactics they use to reduce or deny claims. They also understand the liable party likely holds important evidence in the case. They may take steps to preserve this evidence and protect your rights from unfair delays or other concerns with the insurance company. They can manage all communications about the case, ensuring you do not have to talk to the liable party or insurer.

What You Can Expect by Partnering With an Injury Lawyer?

fall attorneys investigate cases like yours regularly. They know what it takes to prove negligence and liability.

They take steps to gather and analyze evidence, such as:

  • The accident report
  • Videos of the fall
  • Photographs (or other documentation) of the pothole
  • Eyewitness statements
  • An accident scene survey
  • Information from your healthcare provider
  • Documentation of your damages, such as receipts and invoices

Using this evidence, they can show the four elements of negligence, which are vital in every personal injury case.

Proving negligence requires showing:

  • Duty of care. The property owner had an obligation to keep their premises safe for lawful guests.
  • Breach of duty. The property owner did not keep their property safe for lawful visitors.
  • Causation. Because of the unaddressed pothole, you fell and suffered injuries.
  • Damages. You have expenses related to your injuries, such as medical bills and lost income.

With evidence to show negligence and liability, a Long Island attorney has strong support for your claim against the property owner. They typically demand fair compensation from the at-fault party’s insurer. However, if an insurance claim isn’t feasible, they may file a lawsuit directly against the property owner and go from there.

Actions Trip and Fall Victims Can Take to Seek Compensation

There are several ways that trip and fall victims can approach their cases. These options include filing an insurance claim or suing the property owner directly. Working with an attorney can help you decide which of these options is best for you. Each has advantages and disadvantages, and the details of your case will determine which one benefits your situation.

When filing a trip and fall insurance claim, it is generally based on the property owner’s liability insurance.

This could include:

  • A homeowner’s policy
  • A corporate liability policy

In parking lot falls, the liable parties typically own businesses, stores, or offices. They generally have some type of business insurance that covers these incidents. This means filing an insurance claim and recovering compensation might be possible.

What Situations Could Merit a Personal Injury Lawsuit?

While most personal injury cases resolve through insurance claims, that’s not true for every situation. Some cases merit lawsuits.

Your attorney might recommend suing the property owner if:

  • The deadline for filing a lawsuit is quickly approaching with no resolution in sight.
  • The insurer denies the claim and refuses to negotiate.
  • The insurer will not offer a fair settlement.
  • They see other reasons why a lawsuit might benefit your case.

When you file a personal injury lawsuit, it will most likely be in the county where your fall occurred. Your attorney can prepare and file the complaint against the liable party and manage your case as it proceeds through the civil court system. Often, settlement negotiations continue throughout this process. In some cases, insurance companies increase their offers and resolve claims without courtroom battles.

Even when you sue the property owner, most of these cases do not go to trial. Settlements are still the most likely successful outcome. The courts encourage settlement talks, and many even require mediation before they set a trial date.

How Long Do I Have to Take Legal Action in My Case?

Protecting your right to file a lawsuit is key to getting a fair settlement in your parking lot fall case. Knowing you can sue and take the case to trial provides important leverage during negotiations. Yet, you must adhere to certain deadlines.

Each state sets a deadline for filing lawsuits, known as the statute of limitations. These deadlines can vary based on the state and the facts of a case.

New York generally offers victims:

However, exceptions apply to these deadlines in some cases. If you fell in the parking lot of a public building, the defendant in your case could be a government agency. This dramatically shortens the time you have to sue. You could have just 90 days to sue a government entity. With this information in mind, it’s a good idea to consider your legal options at your earliest convenience.

Considerations After Falling Because of a Parking Lot Pothole

You may have many questions about your next steps following a slip and fall (or trip and fall) in a parking lot.

Some considerations that could protect your legal rights include:

  • Adhering to your treatment plan. This may include attending physical therapy or taking certain medications. Both things show the other party that you were injured, and you’re committed to healing.
  • Limiting your social media use. Anything you share online could threaten your personal injury case’s outcome. You should limit your social media use, particularly what you share about your accident and injuries.
  • Considering your legal options. To ensure you understand the deadline in your case, it is a good idea to connect with a trip and fall attorney as soon as possible. A lawyer can work on gathering time-sensitive evidence if you enlist their help early. This could allow them to collect more proof of what happened and build a stronger argument for compensation.

During your initial consultation with an injury lawyer, you can learn more about your post-accident steps. You can also learn about your legal options under the law.

Bottom Line: You Have Legal Rights

Don’t write off your slip and fall in a parking lot on Long Island as minor. You have every right to hold another party accountable for the harm you suffered. A slip and fall injury lawyer can assess your case and advocate for financial recovery. As noted, you could have a limited time to initiate legal action. So, it’s in your best interest to consider your options today.
Call a slip and fall lawyer near you today for your free consultation.


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