When you are hurt because of the actions of a negligent property owner, the dedicated attorneys at Tomkiel & Tomkiel can seek justice on your behalf. A Westchester slip and fall claim can allow you to recover compensation for the harm caused by the responsible party.
A dedicated slip and fall lawyer from Tomkiel & Tomkiel can help you understand your rights. If you decide to move forward with your claim we can protect your rights and advocate for your interests throughout the legal process.
The Slip and Fall Claims Process
The first thing to do after a slip and fall is to gather evidence demonstrating how the injury occurred, what caused it, and how it could have been prevented. This includes taking photos and getting accident reports. A slip and fall lawyer will also determine who the landowner is and notify the insurance carrier for the landlord. This demand letter will usually give a brief description of what happened, a theory of liability, and any evidence the lawyer has, such as photographic evidence, accident reports, and medical records.
If a lawsuit is filed, you will then have to appear for a deposition and exchange the videos, the photos, and the medical records they have. The defendants will usually also have the insurance company doctors examine the plaintiff. Generally, the parties are the injured person, the premises owner and the agents and employees of the premises owner.
The Initial Intake Meeting
The client must be open and honest with the attorney at the initial meeting. They should be prepared to answer every question that their lawyer might have. Some of these questions include where the accident happened, when it happened, why it happened, and what injuries the person sustained.
Evidence in a Westchester Claim
In a slip and fall case, you have to be able to prove that the defendant acted unreasonably under the circumstances in a way that caused a dangerous condition, or by allowing a dangerous condition to be present, and not warning people of the dangerous condition. The purpose of the lawsuit is to hold the responsible party accountable for the damages and harms they caused.
A lawyer is going to present evidence of the dangerous condition. This can include:
- Photos and videos
- Witness statements
- Testimony of the person who fell
- Testimony of defendants
- Medical records
- Testimony of doctors
- Employment records
- Wage information if you had to take time away from work
Someone injured in a slip and fall accident should try to take photos of the dangerous condition as well as wide-angle photos that show the location in general. You should also obtain an accident report and witness contact information. If you were injured, you should seek medical attention immediately.
How the Age of a Party Can Affect a Claim
The age of the injured party is not necessarily relevant to the issues of negligence, assuming that the person is an adult. However, children are held to a lower standard as young children are often unpredictable and unaware of dangerous conditions.
Age can also be an issue in the case of a permanent disability. A younger person is going to spend many more years living with the injury than an older person, and that will factor into the damages they can recover.
An Attorney Can Explain Westchester Slip and Fall Claims
If you were injured due to a property owner’s negligence, reach out to an attorney to discuss your options. You may be able to file a Westchester slip and fall claim to recover compensation for the harm caused by the accident. Call Tomkiel & Tomkiel today to get started.