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Filing a Premises Liability Lawsuit

Caution Wet Floor SignPersonal injury attorneys fighting for the rights of victims of slip & fall accidents and violent assaults on Long Island.

If you have questions about filing a premises liability lawsuit in Nassau or Suffolk County, contact the law firm of Edelman, Krasin & Jaye. In recent years, civil litigation has spurred the state of New York to get tougher on negligent landlords, business owners, and property owners.

The Long Island premises liability attorneys at Edelman, Krasin & Jaye have been successfully representing New Yorkers for more than 60 years. Our in-depth understanding of personal injury law and local codes regulating the duties and obligations of property owners can be a critical asset in ensuring you receive the full compensation you deserve for your injuries and losses. Call us today for a complimentary no-fee consultation about your case with one of our esteemed personal injury attorneys: 1-800-469-7429.

Types of cases involving premises liability

Premises liability lawsuits cover a wide range of injuries and accidents resulting (fully or partially) from a property owner’s negligence.

Accidents and injuries that may involve premises liability include:

  • Accidental drowning
  • Amusement park or playground injuries
  • Broken railings
  • Construction site mishaps
  • Cracked or damaged sidewalks
  • Crowded store aisle injuries
  • Dog bites
  • Electrocutions
  • Elevator mishaps
  • Nightclub assaults
  • Negligent security
  • Parking lot assaults or falls
  • Scaffolding collapses
  • Slip, trip and fall accidents
  • Swimming pool accidents
  • Toxin exposure
  • Tree limb strikes
  • Wrongful death

If you have been injured seriously with a bone fracture, concussion, traumatic brain injury, back / spinal cord injury, deep laceration, lost limb, or other life-altering injury because of a property owner’s negligence, then the Long Island slip and fall attorneys at Edelman, Krasin & Jaye can help you gather medical and other evidence to prove that your injuries resulted from the incident in question – and that it was not 100% your fault!

If a property owner is found liable for your injuries and losses, New York law may entitle you to compensation for:

  • Past, present and future medical expenses
  • The cost of rehabilitative therapies
  • Loss of consortium
  • Lost wages and loss of earning potential
  • Restitution for needless emotional pain and suffering

In some cases, a family member may sue for funerary benefits and loss of companionship if a loved one has died as the result of a property owner’s negligence.

Filing a premises liability lawsuit on Long Island

Once the accident occurs, you generally have a three-year statute of limitations window to file a notice of claim against the property owner. However, if your accident occurred on government property, you only have a 90-day window to sue. Therefore, it is important that you contact a NY premises liability lawyer as soon as possible with a description of what happened and information regarding what you were treated for and where you were treated.

From there, we will ask your permission to summons your medical records to include as evidence in the case. Any receipts and certainly photographed evidence you have associated with your injury may come in handy as well.

If possible, the following information is also helpful to know:

  • The name and address of the property owner
  • The name and address of any witnesses who saw the accident happen
  • The name, address and policy number of all insurance companies insuring the property

If you are unsure about any of these details, the personal injury lawyer team at Edelman, Krasin & Jaye can dig up this information for you. We’ll ensure that your formal complaint has been filled out and submitted with all the necessary addendums. Once you have a lawyer working on your case, you can refer all questions from defendants, law enforcement officials, or insurance agents to us and we’ll handle it for you.

Stages of filing a premises liability lawsuit

Once the formal complaint has been filed, your case will generally proceed through the following steps:

  1. The defendant receives a summons with notice of the premises liability lawsuit.
  2. The defendant has 20 (up to a maximum of 40) days to respond in writing.
  3. Both legal teams will set out on fact-finding “discovery” missions, collecting witness testimony and evidence.
  4. Both parties will meet to make pre-trial motions. If the facts of the case seem particularly weak, the defendant will request a summary judgment to get the case tossed out. If the facts are substantial, then the defendant may agree to mediation talks where a settlement amount can be negotiated.
  5. If no agreement can be reached, the case proceeds to trial. Most cases take about three days to resolve and the defendant will have 30 to 60 days to pay.

One of the benefits of working with Edelman, Krasin & Jaye is that we will not let the defendant shirk his or her responsibility to pay you! Naturally, we want to get paid too, so we will work hard to make sure you receive your settlement or jury award.

Determining liability to win a case

Some people hesitate to contact an attorney because they feel they were partly to blame for the accident. They are worried about appearing litigious or greedy, but the financial pressure of having costly medical bills puts them in a tough predicament. The good news is that you can bear some of the responsibility for your injuries, but still receive compensation. As long as the court determines that the property owner was even 1% liable for your accident, you are entitled to receive financial restitution.

At Edelman, Krasin & Jaye, we don’t simply settle for the first dollar amount that comes across the table. We are willing to fight for maximum compensation allowable by law, especially if the facts of the case are strong.

To prove liability, we aim to prove that:

  • A serious injury has occurred.
  • Hazardous conditions were present at the time.
  • The property owner knew (or should have known) about those hazardous conditions.
  • The property owner did nothing to prevent injury on his or her property.

What to look for in a lawyer

When looking for a premises liability attorney in Nassau or Suffolk counties, you’ll find that many of the websites look similar. Calling around is the best way to know for sure who you want to handle your case. Ask what sort of percentage they take from a settlement or award and avoid any legal team who asks for money upfront.

Look for an attorney who clearly spells out what is or isn’t covered. Be sure the lawyer you are speaking with is the person who will represent your case from start to finish, rather than passing it off to a paralegal. Avoid lawyers who promise you a “slam dunk” or a certain dollar amount. Rather, you want someone who will tell you the honest truth about the strengths and weaknesses of your case.

Speak with a personal injury attorney Long Island trusts

Recently, we helped a construction worker secure $3 million in compensation from his workplace when he sustained multiple fractures resulting in post-traumatic stress disorder and the need for surgery. We understand that you would give anything to take back that fateful day when your injury occurred and that no amount of money can truly compensate you for all the suffering endured. However, it is important that you exercise your legal rights to hold the negligent parties accountable and help you pay some of your medical expenses as well.

Call 1-800-469-7429 for a free consultation with one of our experienced attorneys about filing a premises liability lawsuit on Long Island. In addition to serving Nassau and Suffolk, we also represent clients in all five boroughs of New York City.

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