Most people have heard of slip and fall accidents and lawsuits, but not everyone understands how a slip and fall lawsuit works. Movies and television have made the process of winning a slip and fall lawsuit look entirely too easy. The truth is that winning a slip and fall lawsuit is not nearly as easy as Hollywood would have you believe, and the process to winning your suit could take years to complete.
What Is A Slip And Fall Lawsuit?
A slip and fall lawsuit is a legal proceeding created when a plaintiff falls on a defendant’s property and sustains a physical injury. In most cases, the defendant has insurance that covers the cost of the lawsuit, but the defendant could be financially liable if the award for damages exceeds their liability coverage.
It is important to note that a slip and fall lawsuit is not as cut and dry as you have been lead to believe. Some states have laws that protect property owners from slip and fall lawsuits, depending on the accident situation. It can also be extremely difficult to file a slip and fall lawsuit against a government entity at any level, and winning a lawsuit against the government is even more difficult.
Statute Of Limitations
Every state has a statue of limitations on when you can file a slip and fall lawsuit. In the state of New York, the statute of limitations for filing a slip and fall lawsuit is three years after the date of the accident. However, you only have 90 days to file a slip and fall lawsuit if your accident involves New York City.
If you allow your accident to extend beyond the statute of limitations, then you lose the right to file a lawsuit. That is why it is best to get an attorney and start the process as soon as possible if you find yourself in a slip and fall accident anywhere in New York State.
How Much Can I Win In An Award?
There is no predesignated limit or minimum award that occurs in a slip and fall lawsuit. Each state, and each court, has their own process for determining an award and that process takes into account several things. Some of the most prominent factors in determining a slip and fall lawsuit award include:
- The severity of the injury
- The potential long-term implications of the injury
- The costs associated with the victim’s recovery
- The determination as to whether or not the conditions surrounding the slip and fall were intentional
What Should I Do If I Am Injured In A Slip And Fall Accident?
The most important thing to do after a slip and fall accident is to get medical attention immediately. You should also request any reports from the hospital or doctor that help you to document your injuries. If you are able to, you should take pictures of the accident site to show the conditions that lead up to your injury. If there is a police report filed, you should get a copy of that report.
Once you have taken care of your injuries, you need to contact an attorney. A slip and fall accident can lead to the need for expensive long-term medical care, and you should not have to take on that financial burden. An attorney can help you to get the settlement you deserve, and help your story to be heard in court.