New York City, NY - Many people misunderstand slip and fall claims. Although a fall can occur at any time or place, a claim can only be filed if the fall was caused by someone else’s negligence.
When an individual falls on another party’s property because of a dangerous condition, it must be proven that the dangerous condition was due to negligence on the part of the property owner or manager. Only then, can the injured individual recover from the fall. The condition may be a spill left on the floor, unsecured flooring, a raised sidewalk, tree roots breaking a sidewalk, improperly lit areas, or other hazards.
However, just because a condition may exist the courts in New York require the Plaintiff to show that the condition existed for a period of time such that the owner has sufficient time to learn of it and remedy it.
Samantha Kucher, Esq., an experienced slip and fall lawyer and principal attorney at Kucher Law in New York City, NY, says that proving a slip and fall claim can be complex.
“Under the law, negligence has very specific elements that must be proven in order to have a claim,” explained Ms. Kucher. “It’s not enough for someone to have fallen on an icy sidewalk or a spill at the supermarket to file a claim. It must be proven that the owner or management was aware of it or should have been aware of it, had time to correct it, and simply did not do so.”
Not only do experienced slip and fall lawyers have the knowledge and capability to calculate damages and prove negligence in these claims, but they will be able to take the matter to court if the insurance company does not offer a fair settlement.
“We are very honest with a client if we think there isn’t a valid claim,” said Ms. Kucher. “This is why we offer a free consultation so a client can understand their rights. Every time I meet with a new client I always explain the specific elements involved in proving a slip and fall claim. I discuss the investigation involved that requires hiring an expert.
“It is only after the investigation that we decide whether we will proceed with the case. Of course, the client is not charged anything for the investigation if the claim cannot be proven.”
As an experienced New York slip and fall lawyer, Samantha Kucher, Esq. and her firm, Kucher Law, fight diligently on behalf of injured parties so they can heal and move on with their lives. Learn more about her and her firm at https://www.rrklawgroup.com/.
https://www.rrklawgroup.com/blog/should-i-get-a-lawyer-for-a-slip-and-fall/
At Kucher Law Group, our New York personal injury attorneys are committed to helping people achieve the justice they deserve. Whether you are looking for a slip and fall lawyer, a car accident attorney, a construction accident lawyer we are here to help.
Kucher Law Group
26 Broadway, 27th Floor
New York, NY 10004
November 25, 2022 – NYC Car Accident Attorney Samantha Kucher Discusses Yielding the Right-of-Way in New York
November 23, 2022 – New York City Elevator Accident Lawyer Samantha Kucher Discusses the Different Causes of Elevator Accidents in NYC
November 07, 2022 – New York City Car Accident Attorney Samantha Kucher Discusses New York as a “No-fault Insurance State”
November 01, 2022 – New York City Bedsore Lawyer Samantha Kucher Explains The Common Causes of Bedsores in NYC Care Facilities
October 31, 2022 – New York City Nursing Home Negligence Attorney Samantha Kucher Explains Nursing Home Negligence
September 29, 2022 – NYC Wandering and Elopement Lawyer Samantha Kucher Discusses Dementia and Nursing Home Wandering
September 28, 2022 – New York City Rear-End Accident Lawyer Samantha Kucher Explains How to Determine Fault in Rear-End Crashes
September 13, 2022 – New York City Bedsore Lawyer Samantha Kucher Discusses the Factors that Can Make a Bedsore Lawsuit Worth More
August 18, 2022 – New York City Defective Road Accident Lawyer Samantha Kucher Discusses the Common Road Defects in New York City
August 18, 2022 – New York City Elevator Accident Lawyer Samantha Kucher Explains the Common Causes of Elevator Accidents