Negligence is the legal term for failure to use reasonable care, resulting in damage or injury to another. If you have sustained an injury due to the negligence of another, you could be entitled to receive financial compensation to cover damages. Financial compensation can include any accident-related medical treatment, recovery costs, property damage, compensation for pain and suffering, and missed wages due to time away from work. If you are injured in the state of New York, the best thing you can do to ensure you are receiving the maximum compensatory amount you are entitled, is to hire an experienced NYC injury lawyer.
Slip-and-fall injuries are one of the most common types of personal injury claims. Proving negligence in a slip-and-fall injury can be complicated, as the situation that caused the accident could be the result of several factors and proving blame can be difficult.
Slip-and-fall injuries can occur indoors or outdoors. They can happen outside when rain, ice, snow, or pavement issues are factors; they can happen inside when slippery, wet, rugs, or obstacles can be factors. Regardless of the numerous factors that can combine to result in a slip-and-fall injury, if those factors are someone’s responsibility to mitigate and they have not done so, anyone whose slip and fall accident causes them injury could be entitled to receive financial compensation to cover their damages.
In any personal injury claim, the most important aspect is proving negligence. If you slip and fall on a sidewalk that is wet due to the rain outside a shop, although the shop owner is responsible for keeping their pathways free and clear of debris, snow, and ice, they cannot control the rain. So, in that instance, the slip was not due to the shop owner’s negligence. Now, if you have slipped and fallen outside a shop due to a huge hole in the walkway leading to the entrance and sustained an injury and there was not a sign posted to warn customers of the dangers of the hole or it was not roped off, that is the type of situation where negligence comes into play.
If a home or business owner has a clearly visible warning regarding a potentially dangerous situation, they are protecting themselves against personal injury claims. This is why shop owners and employees generally place a bright yellow sign on the floor while mopping saying “Danger! Wet Surface.” If customers are made aware of a potentially dangerous situation but do not heed its warning, they share in the negligence and are less likely to be able to win a personal injury lawsuit against the shop owner.
Common Slip-and-Fall Injuries
When it comes to slip-and-fall injuries, most often, these injuries include wrist and ankle sprains, breaks, and back injuries. Slipping and banging a head on the ground can be a common cause of concussions, but most often slip and falls involve strains and sprains. Regardless of how severe the injury is, if it has prevented an individual from working or maintaining their daily routine, potential financial compensation for their injury can include paying for missed wages due to time away from work and any medical treatment/recovery involved in their injury.
The person who sustains an injury is referred to as the plaintiff, and the individual the claim is being filed against is the defendant. If you are injured in the state of New York, enlisting the help of a NYC injury lawyer can help ensure you receive the full damages you are entitled. After writing a letter of demand to the defendant in which you clearly state your intent to procure damages, their response will determine whether your claim will become a lawsuit and go to trial.