If you slip and fall during a snowstorm, you may be able to bring a claim or lawsuit for compensation against the person or entity responsible for maintaining the place where you fell. This type of civil action is referred to as a premises liability case.
Immediately after the slip and fall accident, you may have gone to the emergency room either on your own or with emergency medical transport. If you have not seen a doctor, it is a good idea to make an appointment as soon as you can.
Your doctor can examine you to determine the nature and extent of your injuries. This is an important part of your healing process and can create a record of what happened to you and the cost of your treatment.
Something else you should do if you slip and fall during a snowstorm is write down as many things as you can remember about the place, the time of day, the condition that caused you to fall, and any witnesses. This evidence can help you prove your right to compensation if you file a case against the owner of the property where you slipped and fell.
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Working with a Lawyer on a Slip and Fall Case
If you decide to pursue compensation, a premises liability lawyer from our firm can help you make sure that you follow the important rules that apply to a civil case.
This includes filing your case within the statute of limitations, which is generally three years for personal injury lawsuits, according to CPLR § 214. There may be unique aspects of your case that change the statute of limitations, such as a lawsuit against a government agency or municipality.
Your lawyer will start gathering as much evidence as possible on your behalf to show that the other party owes you compensation. Your attorney can also manage all the paperwork and communications in your case for you.
Establishing Liability in a Premises Liability Case
In order to receive compensation for your injuries, there are a few things that you will need to prove. These are referred to as the elements of negligence. For a premises liability case, the elements of negligence that you typically need to prove are:
- The property owner owed you a duty to make sure the premises was safe for your use, which includes providing warnings and possibly conducting regular safety inspections.
- The property owner did not act according to this duty, and the property became unsafe as a result.
- You slipped and fell because of the property owner’s failure to act according to this duty, suffering injuries.
- You suffered damages as a result of your injuries.
When it comes to a snowstorm, there are many ways that a property can become dangerous. It is important for property owners to be aware of when snowfall is expected. A few examples of snow-related slip and fall dangers include:
- Poor lighting that makes it hard to see ice or snow accumulations
- Unsuitable floor coverings for areas where snow is tracked in or accumulates
- Uneven or damaged ground or flooring
- Lack of warning signs regarding slippery surfaces
- Failure to remove snow and ice accumulations
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The Types of Damages You May Be Able to Recover in a Slip and Fall Case
If you slip and fall during a snowstorm, you probably have serious expenses and other financial impacts that you are dealing with. From hospital bills to missing time at work, a slip and fall accident can create a great deal of stress.
Generally, if you were required to pay something or lost money because of your injuries, then it may be something that you can claim. A few common types of damages that slip and fall injury victims seek include:
- Medical bills
- Surgical expenses
- Medications
- Medical equipment and devices
- Rehab/physical therapy
- Missed time at work
- Reduced earning capacity
- Diminished quality of life
- Pain and suffering
These are just a few examples of common expenses that you may be able to claim in your case. A lawyer from our firm can review your expenses and work with you to make sure you seek the full amount of compensation that you may deserve.
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A Free Consultation is Waiting
One of the best ways to figure out what to do after a slip and fall is to call Rosenberg & Gluck, L.L.P. for a free consultation.
This confidential and no-obligation phone call with a member of our team will help you figure out whether you can pursue compensation and what your case may be worth.
Call now (631) 994-1910 to get started. Our staff can assist callers in Spanish, too.