How Can I Prove Negligence in a Premises Liability Case on Long Island?
To prove negligence in a premises liability case in Long Island, you should consider working with a Long Island Personal Injury Lawyer. After reviewing the evidence associated with your accident, your lawyer can assign fault, determine liability, and pursue compensation on your behalf.
Premises liability cases result when property owners fail to maintain safe environments for their guests. For a premises liability case to be successful, you would need to show that the property owner knew of a potential hazard on their property but did nothing to fix or address it. Examples of premises liability cases include dog bites, slip and falls, and assaults that resulted from negligent security practices.
If you experienced serious injuries due to a negligent property owner, your injuries may require your complete attention. By leaving the details of your case in the hands of a personal injury lawyer, you can focus on your recovery.
Property Owners Have a Duty of Care
No one visits a restaurant, store, or friend’s house expecting to suffer serious harm. Property owners have a duty of care to visitors. This means that they must take precautions to keep their guests from getting hurt.
To prove negligence in your personal injury claim, your lawyer needs to establish:
- Duty of care. The property owner owed visitors a duty of care to keep them safe.
- Breach of duty of care. The property owner did not address or remedy a hazard on their property.
- Causation. The property owner’s negligence led to your injuries.
- Damages. You incurred financial damages as a result of your accident and injuries.
To prove negligence in a premises liability case in Long Island, your lawyer will need to employ a variety of legal measures on your behalf. This involves interviewing witnesses, speaking with the property owner, and gathering evidence. They will first try to resolve your claim through an insurance settlement. However, if this is not possible, then you have three years under Civil Practice Law & Rules (CVP) §214(5) to file a premises liability lawsuit.
Types of Evidence that Could Potentially Help Your Case
Evidence can help you prove negligence in your personal injury claim. If possible, you should take pictures of the hazard that harmed you. For instance, if you fell down the stairs of your apartment building because there were no handrails, pictures of this hazard could help your case.
If you were not able to take pictures of the hazard, that is not a problem; your lawyer may be able to use witness accounts and security camera footage to support your allegations.
Other types of evidence that your lawyer may use to build your case include:
- Testimony of any eyewitnesses
- The police or accident report
- Your medical records
- Your employment records, if your injuries caused you to miss work
Seeking the assistance of a personal injury attorney can save you time and reduce your stress. They can also manage communications with the involved parties so you can concentrate on your health and wellbeing.
An Attorney Can Work with the Insurance Companies
After proving negligence in your premises liability case, your lawyer will first try to resolve your case through an insurance settlement. However, the claims adjuster may try to pressure you into accepting a settlement. They may do this by telling you that you have a limited time to act or that a lowball offer is the “best” they can do.
A personal injury lawyer can review the liable party’s insurance policy and determine your coverage options. They can also itemize the cost of your expenses so that you understand what qualifies as a fair settlement offer.
You do not need to work with uncooperative insurance companies while you recover from your injuries. Your lawyer can do that for you. They can stand between you and any bad faith insurance practices.
Contact the Law Office of Cohen & Jaffe, LLP Today
At the Law Office of Cohen & Jaffe, LLP we are committed to helping you secure compensation following an accident on someone else’s property. We can establish negligence in accordance with the American Bar Association’s (ABA) guidelines and help you pursue financial recovery. Additionally, we offer a No Fee Promise. As a part of that promise, you do not have to pay us anything to get to work on your case.
We understand that right now, you have a lot on your mind. Let us take on your legal burdens so that you can focus on your health and family. You can connect with a member of our team and discuss your legal options at no cost to you. To begin, dial (866) 878-6774.
