If you slip and fall at a business or another location on Long Island, you might be approached by an insurance adjuster. They might tell you that they take full responsibility for your accident or even offer you a settlement. In this situation, does it make sense to hire a Long Island slip and fall lawyer?
Even if the insurance company admits liability, it is always a good idea to consult with a lawyer. Insurance companies are looking out for their own bottom line, not yours. Our Long Island personal injury attorneys will fight to get you maximum compensation for your medical bills, lost wages, emotional distress, and other losses.
The Odierno Law Firm Accident and Injury Lawyers represent clients in Suffolk and Nassau Counties who have been hurt in all types of accidents, including slips and falls. We have a track record of success, working hard to make sure that our clients get the compensation that they are entitled to under New York law. If you have been hurt in a slip and fall, reach out to our law offices to schedule a free initial consultation with a Long Island premises liability lawyer.
Understanding Slip and Fall Claims
When a person falls on someone else’s property, they may be able to file a legal claim against the property owner if their accident was caused by a dangerous condition on the property. Known as premises liability cases, these claims fall under the broad umbrella of personal injury law.Â
Premises liability cases are usually based on a theory of negligence or carelessness. There is a bit of a different standard when it comes to these claims compared to other types of personal injury claims. To win a slip and fall case, you will need to prove the following:
- You were legally on the property.
- There was a hazardous condition on the property.
- The property owner knew or should have known about this dangerous condition and either failed to fix it or warn others about it.
- You were hurt because of the unsafe condition.
- You suffered damages (losses) as a result.
These cases can often be complicated because the property owner’s duty to other people depends in large part on your status. For example, if you went onto the property for the property owner’s benefit (such as by shopping at their store), then you are considered an invitee. Property owners have a duty to regularly inspect their property for unsafe conditions and to fix or warn people about known dangerous conditions.
Social guests, or licensees, are also owed a duty of care. However, property owners owe licensees a lower duty of care, which does not extend to frequent inspections of the property. Trespassers are not owed a duty of care in most circumstances.
There are additional complexities when it comes to premises liability cases. For example, if you weren’t using the property in the way it was intended to be used, that could defeat your claim. Alternatively, the value of your case could be reduced if you were partially at fault for the fall under New York’s comparative negligence laws.Â
Most people aren’t familiar enough with these laws to fully understand their rights. They may believe an insurance adjuster when they tell them that the property owner isn’t actually responsible or that their case isn’t worth that much money. The best way to protect yourself is to get unbiased legal advice from a Long Island slip and fall attorney.
What Does a Slip and Fall Attorney Do?
A slip and fall lawyer advocates for their clients in premises liability claims. They do this in several important ways.
First, during a free initial consultation, an attorney will listen to your story before offering you advice on your legal rights and options. They can also give you a ballpark estimate of the value of your claim. This is a good way to get a better understanding of your claim.
A free consultation can also help you decide if having legal representation is necessary based on the facts of your case. For example, if a lawyer tells you that your case is probably worth about $15,000 based on their experience with similar cases, you might decide that the insurance company’s offer of $14,000 is a good one.
If you decide to hire a law firm to handle your case, they will get to work building your claim. This typically involves two aspects: performing legal research and investigating the facts of your case. Your attorney will gather evidence to support your claim by:
- Interviewing witnesses
- Seeking photos and videos of the accident scene
- Consulting with experts
- Reviewing incident reports
- Analyzing your medical records
They will then use this information to draft a demand letter, which will be sent to the property owner’s insurance company. This letter will start with an explanation of the facts of the case and the legal reasons why the property owner is liable for your injuries. It will then make a demand for compensation (damages).
The insurance company will perform its own investigation and then will usually respond with a counteroffer. In the majority of cases, our law firm is able to work out a settlement through skillful negotiation. If the insurance company won’t offer a fair settlement, we will prepare a lawsuit, file it, and start to prepare for trial.
Filing a lawsuit does not mean that your case will go to trial. Instead, it protects your legal rights while giving our team the opportunity to continue negotiations. We will fiercely advocate for you throughout the process, working hard to make sure that you get the compensation that you deserve. If necessary, we will go to court and ask a jury to return a verdict in your favor.
The Importance of Hiring a Long Island Slip and Fall Attorney
It isn’t unusual for an insurance company to reach out to accident victims after a slip and fall. An adjuster might call you, send you a letter, or even show up at your home. They might ask you to give a statement or even offer you a settlement.
Even if the offer seems good, you should never accept a settlement, sign any paperwork, or give a statement before consulting with a Long Island premises liability lawyer. The bottom line is that the insurance company is only looking out for itself. Their goal is to resolve the claim for as little money as possible.
If the adjuster can get you to sign a settlement agreement for a fraction of the true value of your claim, then that’s a win for the insurance company. When you sign a settlement, you are agreeing to give up your right to sue the property owner for the slip and fall. If you discover down the road that your injuries were more extensive than you thought, you won’t be able to seek more money for your losses.
By contrast, your Long Island slip and fall attorney is required to advocate for your best interests. They won’t simply accept the insurance company’s assessment of the claim or the value of the case. Your lawyer will perform their own independent investigation and research to build the strongest possible claim for damages.
Personal injury lawyers typically work on a contingency fee basis, which means that they only get paid if you recover money through a settlement or verdict at trial. Their fee will be a percentage of your total recovery. This fact means that you can afford to hire an attorney and that your lawyer will be just as motivated as you are to get the highest possible settlement for you.
Studies show that people who are represented by counsel in personal injury cases recover substantially more money than people who represent themselves. There are many reasons why this is true, including the simple fact that insurance companies are far more likely to offer a fair settlement if they know that there is a possibility of trial.
If you want to get top dollar for your slip and fall claim, then your best option is to work with an experienced Long Island personal injury attorney. Our law firm will handle all communications and negotiations with the insurance company. We will also fight to get you maximum compensation for your losses.
Maximize Your Slip and Fall Claim with Skilled Legal Representation
If you were hurt in a slip and fall, then you might be uncertain of your rights and where to turn for help. You may even be tempted to accept any settlement offered by the insurance company. Before you do so, reach out to our law firm to learn more about your rights, options, and the value of your case.
At The Odierno Law Firm Accident and Injury Lawyers, we fight to get our clients maximum compensation for their injuries in slips and falls and other types of accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island slip and fall attorney, call us at 631-973-6221 or fill out our online contact form.