If you’ve been injured on someone else’s property due to unsafe conditions, you may have a premises liability claim. But what exactly does the legal process look like? Many people feel overwhelmed by the idea of filing a claim, especially when dealing with medical bills, lost wages, and the stress of recovery. Please continue reading and reach out to a seasoned Bronx slip and fall lawyer from the Law Office of Richard M. Kenny to learn more about what you can expect during the premises liability claim process.
How Do I Start a Premises Liability Claim?
The first step in any premises liability case is determining whether you have a valid claim. Property owners have a legal duty to maintain safe conditions for visitors, and if their negligence led to your injury, you may be entitled to compensation. However, proving negligence requires gathering strong evidence.
Immediately after your accident, document everything. Take photos of the hazard that caused your injury, get contact information from any witnesses, and seek medical attention as soon as possible. Even if your injuries seem minor, having medical records linking them to the accident will be crucial for your case.
Next, you’ll want to consult with a personal injury attorney. An experienced premises liability lawyer in New York City will evaluate the details of your case, determine the liable party, and explain your legal options. If you decide to move forward, your attorney will typically send a demand letter to the responsible party or their insurance company, outlining the nature of your injuries and the compensation you’re seeking.
What Happens During the Investigation and Negotiation Process?
Once a claim is initiated, the investigation phase begins. Your attorney will gather additional evidence, such as surveillance footage, maintenance records, or past complaints about the hazardous condition. The strength of your case depends on proving that the property owner knew or should have known about the dangerous condition but failed to fix it.
After the investigation, your attorney will enter into negotiations with the property owner’s insurance company. Insurers often attempt to minimize payouts by arguing that the victim was partially at fault or that the injuries aren’t as severe as claimed. This is where having legal representation is critical. Your lawyer will handle all communications and push for a fair settlement that covers your medical expenses, lost wages, pain and suffering, and any other damages related to your injury.
In many cases, a settlement can be reached without going to court. However, if the insurance company refuses to offer a reasonable amount, your attorney may recommend filing a lawsuit.
If you have additional questions or believe you have a valid premises liability claim, please don’t hesitate to contact the Law Office of Richard M. Kenny today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City slip & Fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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