How Do You Win A Slip And Fall Case?

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

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.