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    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
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      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
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        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
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        • Hospital Negligence
        • Failure to Diagnose
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      • Wrongful Death
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      • Divorce Mediation
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      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
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      • Estate Planning
      • Elder Law
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How Do You Win A Slip And Fall Case?

Slip and Fall Lawyer near Terryville, NY – Winkler Kurtz, LLP

slip and fall lawyer terryville ny

When you become injured due to a slip and fall, you may be wondering what legal action can be taken. These types of situations lend themselves to personal injury lawsuits. Here at Winkler Kurtz, LLP, we’d like you to know that a personal injury lawsuit can be filed when one party becomes injured due to another’s negligence. In terms of this specific scenario, our slip and fall lawyer near Terryville, NY, will recommend filing a personal injury lawsuit if we believe your slip and fall could have been avoided.

The Burden Of Proof 

Once deciding to go through with filing a personal injury lawsuit, it’s essential to understand that as the plaintiff, you’ll be required to provide what is known as the burden of in your case. This means that your legal team will need to prove beyond a shadow of a doubt that the defendant is responsible for the accident. Our slip and fall lawyer near Terryville, NY, will work diligently to gather evidence that leads to a favorable verdict being reached when presented to the court.  

Premises Liability 

One of the common aspects brought up in slip and fall cases is the idea of premises liability. Premises liability involves stating that the owner of a property’s negligence is what allowed for the circumstances of what caused the slip and fall to become present. To win this argument in court, our legal team will have to show that any other property owner who was acting reasonably would have been able to stop the situation that led to your slip and fall from taking place. Some of the conditions that can apply to premises liability include:

  • Damaged staircases.
  • An accumulation of slow or ice.
  • Wet floors.
  • Oily floors.
  • Hidden extension cords.
  • Loose floors.
  • Unsecured rugs.  

The Duty Of Care

As previously stated, our slip and fall lawyer near Terryville, NY, must carry the burden of proof throughout the case. Our legal team will work swiftly and efficiently to show that negligence on the defendant’s part is what led to the injury taking place. But how exactly is that done? When it comes to falls and premises liability, property owners are held to a specific duty of care to ensure everyone’s safety. In slip and fall cases, proving that a person’s duty of care was not met can be broken down into three parts. These parts should include:

  • Any other property owner acting reasonably would have fixed the hazardous situation.
  • The dangerous situation is what led to the slip and fall.
  • All injuries the plaintiff has claimed they suffered are directly linked to the slip and fall.    

The Damages

After falling victim to this type of accident, you must remember that you can try to collect damages. By working with our team here at Winkler Kurtz, LLP, you significantly improve the chances of receiving the maximum possible monetary amount. These damages may be awarded to cover any or all of the below:

  • Current or future medical bills resulting from the accident.
  • Loss of income.
  • Loss of earning capacity.
  • Pain and suffering. 

Schedule A Consultation With A Slip and Fall Lawyer near Terryville, NY

A lot of moving parts go into winning a slip and fall case. That is why you mustn’t try and do it on your own. At Winkler Kurtz, LLP, our legal team is well versed in this area of law and will work towards helping you achieve the optimum legal outcome. However, due to New York’s statute of limitations regarding personal injury lawsuits, you shouldn’t wait to start this process. To schedule a free consultation with our slip and fall lawyer, be sure to contact us today.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

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