Sustaining an injury of any kind can have a lasting impact on your quality of life. If this has taken place due to slipping and falling in a parking lot, you may be entitled to compensation. At Winkler Kurtz, LLP, our staff is well versed in helping clients with cases like these. We’d like to know what your next steps should be, and if we think you have a situation that should be taken to court.
What Is A Personal Injury?
Before we go further into what potential next steps will be after a slip and fall in a parking lot, you need to understand your injury. A personal injury lawsuit involves a legal dispute where one person’s negligence caused another to sustain an injury. Even if you don’t realize it at the time, if you have slipped and fallen in a parking lot, you may file for a personal injury lawsuit.
Statute Of Limitations
At Winkler Kurtz, LLP, we want our clients to know that they do not have an infinite amount of time to take someone to court if they have become injured. There is a statute of limitations regarding these types of lawsuits, meaning that you will miss out on the compensation you may have been entitled to receive if you wait too long to file. In New York, personal injury cases need to be filed within three years of the accident. However, you are more likely to lose necessary evidence for your case, the longer you wait to file. That is why your first move after slipping and falling should be to contact our team.
Burden Of Proof
As a plaintiff in a personal injury case, you and your legal team will be required to provide the burden of proof that the defendant was at fault. Even if the accident happened in the parking lot, the owner of the premises is still held to a certain standard of duty and accountability. When working with our team, we can help gather evidence to prove the below to the court:
- You were not walking in an area you should not have been at the time of the accident.
- The property owner was careless in maintaining it.
- The reason for the slip and fall could have been avoided if the property owner acted responsibly.
- Any injuries sustained took place as a direct result of the accident.
What Compensation Are You Entitled To?
As previously stated, our team at Winkler Kurtz, LLP, will work diligently to build a case against the defendant that the court will view favorably. Once it has been created and the court rules in your favor, you can be entitled to a variety of compensation. Below is a breakdown of what you may be able to accrue, based on the situation:
- Payment for all medical treatment is needed as a result of the accident.
- Money from income that was lost during your recovery or in the future due to an inability to work.
- Damages for pain and suffering you experience due to your fall.
- Compensation for any emotional distress of psychological pain caused by accident.
Schedule A Consultation
When you slip and fall in a parking lot, and it leads to an injury, be prepared to act quickly. To receive a favorable outcome in court, you’ll need to work with a team of expert attorneys. At Winkler Kurtz, LLP, we’re well versed in this type of lawsuit and can help you achieve a favorable outcome in court. For more information on what needs to occur following a situation like this, contact our team today.