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Working with a Lawyer on a Slip and Fall Case
If you decide to pursue compensation, a premises liability lawyer from our firm can help you make sure that you follow the important rules that apply to a civil case. This includes filing your case within the statute of limitations, which is generally three years for personal injury lawsuits, according to CPLR § 214. There may be unique aspects of your case that change the statute of limitations, such as a lawsuit against a government agency or municipality. Your lawyer will start gathering as much evidence as possible on your behalf to show that the other party owes you compensation. Your attorney can also manage all the paperwork and communications in your case for you.Establishing Liability in a Premises Liability Case
In order to receive compensation for your injuries, there are a few things that you will need to prove. These are referred to as the elements of negligence. For a premises liability case, the elements of negligence that you typically need to prove are:- The property owner owed you a duty to make sure the premises was safe for your use, which includes providing warnings and possibly conducting regular safety inspections.
- The property owner did not act according to this duty, and the property became unsafe as a result.
- You slipped and fell because of the property owner’s failure to act according to this duty, suffering injuries.
- You suffered damages as a result of your injuries.
- Poor lighting that makes it hard to see ice or snow accumulations
- Unsuitable floor coverings for areas where snow is tracked in or accumulates
- Uneven or damaged ground or flooring
- Lack of warning signs regarding slippery surfaces
- Failure to remove snow and ice accumulations
The Types of Damages You May Be Able to Recover in a Slip and Fall Case
If you slip and fall during a snowstorm, you probably have serious expenses and other financial impacts that you are dealing with. From hospital bills to missing time at work, a slip and fall accident can create a great deal of stress. Generally, if you were required to pay something or lost money because of your injuries, then it may be something that you can claim. A few common types of damages that slip and fall injury victims seek include:- Medical bills
- Surgical expenses
- Medications
- Medical equipment and devices
- Rehab/physical therapy
- Missed time at work
- Reduced earning capacity
- Diminished quality of life
- Pain and suffering
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