Accidents revolving around slip and fall have the potential to injure someone severely and drain them out of their finances. So if someone is a victim of such a thing knowing what the law has to offer them in terms of pursuing a claim is very important for them. This article will cover all the information a person needs regarding slip and fall injuries in New York along with the property owner’s responsibilities and how a medical records review service aids the attorneys in fortifying the cases of their clients.
Understanding Slip and Fall Accidents
What is a Slip and Fall Accident?
Slip and fall accident are when a person slips, trips, or falls on someone’s property because of a dangerous condition. They can take place at a variety of places which are:
- Retail Stores
- Restaurants
- Public Spaces
- Private Residences
Common Causes of Slip and Fall Accidents
Several factors can contribute to slip and fall accidents, including:
- Water or Slippery Floors: Cleaning, spills or the weather can cause the floor to not be flat.
- Uneven surfaces: Breaks, holes or cracks in the pavement can trip anyone.
- Insufficient Lighting: Bulbs that may be out or the windows being covered block one from seeing potential dangers.
- Messy walkways: Unnecessary items lying around can be a cause to people tripping.
Legal Responsibilities of Property Owners
Duty of Care
Every owner of real estate is mandated to take care of visitors, and this includes ensuring that there is no danger to them. Duty of care encompasses:
- Regular Inspections: Owners of a property should routinely check their properties to look for risks.
- Prompt Repairs: Hazard that has been identified should be removed at once.
- Warning Signs: In case the repair cannot be made instantly, suitable notices should be erected.
Negligence in Slip and Fall Cases
To establish a slip and fall claim, the injured party must prove that the property owner was negligent. This involves demonstrating that:
- The property owner knew or should have known about the hazardous condition.
- The owner failed to take reasonable steps to address the hazard.
- The failure to act directly resulted in the injury.
The Process of Filing a Slip and Fall Claim in New York
Step 1: Seek Medical Attention
The key concern is your health. Please never forget this irrespective of the age or nature of a person. Understandably, medical evaluation is always necessary even for minor sprains or fractures because this will be valuable for your documentation.
Step 2: Gather Evidence
Collecting evidence is vital for building a strong case. This includes:
• Photographs: Pictures of the scene of the accident and more importantly pictures of the accidents hazards should be taken.
- Gather Witness Information: Begin by collecting contact details of witnesses near the site of the accident.
- Document All Evidence: Ensure you save all documents in reference to the injuries and the medical treatment.
Step 3: Consult with an Attorney
You must always speak to a licensed legal professional, especially if you are considering pursuing or filing a claim after a slip and fall accident – understanding your rights can be quite valuable.
Step 4: File a Claim
Your attorney will assist you in filing a claim with the property owner’s insurance company. This process may involve:
- Claim Submit: Medical records, accident tenders, and damage documentation can be forwarded through this means.
- Settlement: If there is an agreement from the insurance company to settle, the terms can be modified before acceptance.
Step 5: Litigation
If negotiations fail, your attorney may recommend filing a lawsuit. This involves:
- Writing a complaint: This form sets forth your case and the amount in money you are citing for damages.
- Investigation: This is the process of searching where one side discloses evidence to the other for trial debate purposes.
- Court: This is the forum within which both parties communicate their arguments through anchors and evidence.
The Role of Medical Records Review in Slip and Fall Cases
Medical records review is a critical service that can significantly impact the outcome of your case. This process involves:
- Thorough Examination of Medical Documentation: Ensuring that all medical records accurately reflect the extent of your injuries.
- Establishing Causation: Linking your injuries directly to the slip and fall incident.
- Calculating Damages: Accurately assessing medical expenses, lost wages, and future care needs.
Benefits of Medical Records Review for Attorneys
Attorneys can leverage medical records review to build a stronger case by:
- Evidence: For claiming both economic and non-economic damages, legal representatives need to provide extensive medical records.
- Claims Process: if medical records are obtained efficiently, then the settlement can happen faster and easier.
Case Studies
Case Study 1: Slip and Fall in a Grocery Store
- Case Summary: The customer was a victim of a fractured wrist after slipping on a wet unbanned grocery store floor.
- Challenges: The customer insurance of the grocery claimed that due to negligence on the customer’s side, they were not holding any responsibilities.
- Solutions: It was proved by the attorney’s medical records review that supports surgery and witnesses endorses that warnings were absent.
Case Study 2: Trip and fall on Uneven Pavement
- Overview: A customer outside the restaurant fell on unlevelled pavement and sustained a major ankle injury.
- Challenges: Proposal’s counter was put forward on behalf of the restaurant stating that the pavement belonged to the city, which made the claim’s scope wider.
- Solutions: Photographs of the hazard along with medical records which contained information of the injury and treatment were procured by the Attorney. The history of complaints concerning the pavement was also collected to support the argument of owner’s negligence about the Pavement.
Conclusion
Slip and fall incidents can result into drastic outcomes on an individual’s health and his/her finances. It is crucial that the owners comprehend the legal obligations and processes necessary to be compensated or avenged as a victim. Aki ensures that reviewing medical records is an important procedure because it is useful in understanding the allegations as well as supporting lawyers with required documents to write good cases. Working with competent lawyers together with using services such as Aki Medical records review services may help victims understand the difficulties of dealing with slip and fall claims.
