If you or a loved one suffered a slip and fall injury, you might be entitled to compensation. For help with filing Westchester slip and fall claims, reach out to a dedicated attorney at Tomkiel & Tomkiel. A lawyer should be able to help one demonstrate how the injury occurred, what caused it, and how it could have been prevented. To do this, it is essential to gather evidence as soon as possible, which includes taking photos of the scene and getting an accident report. A seasoned slip and fall lawyer should determine who the landowner is and notify the insurance carrier of the landowner. If a lawsuit is filed, the plaintiff will then have to appear for a deposition and exchange discovery, the videos, the photos, and the medical records. Call today to learn more about how a lawyer should help you with filing a slip and fall claim in Westchester.
Initial Consultation with an Attorney
When someone meets with a lawyer for their initial consultation, it is critical for them to be open and honest with the lawyer. Also, they should be prepared to answer every question that the attorney might have. After reviewing the facts of the case, the attorney should help with collecting evidence to be presented. The evidence in a slip and fall claim could include:
- Photos of the scene
- Video recording
- Witness statements
- Medical records
- Employment records
Filing a Demand Letter
A demand letter in a slip and fall claim usually gives 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. This letter is usually presented to the insurance company for the landowner. The purpose of a demand letter is to notify the insurance company of the claim, provide them with the facts and circumstances, and begin the settlement negotiations.
What the Plaintiff Must Prove in a Slip and Fall Claim
To have a successful slip and fall claim, the plaintiff and their lawyer must prove that the defendant acted unreasonably in a way that caused a dangerous condition, allowed a hazardous condition to be present, or did not warn people of the dangerous situation. If any of these circumstances or a combination thereof resulted in the individual being seriously injured, the lawsuit could hold the responsible party accountable for the damages and harms they caused.
The insurance company defense lawyers might argue that the plaintiff was responsible for their own injuries because they were not careful. Fortunately, our lawyers at Tomkiel & Tomkiel should be able to fight against these claims to get you the compensation that you deserve.
How Does Age Impact a Slip and Fall 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 than adults as children are often unpredictable and unaware of danger, whereas an adult is expected to know better.
Age can be an issue in cases of 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, both economic and pain and suffering.
For more information about filing Westchester slip and fall claims, reach out to a seasoned lawyer.