- posted: Feb. 01, 2021
- Slip & Fall
A trip and fall can be a dangerous situation and can be confusing at times to understand if you do not know what to do. However, abiding by the following steps can make the process easier. First, you should know about the elements you need to prove if you want to file a trip and fall claim in New York. There are four elements that must be established:
(1) the property owner owed you a reasonable duty of care
(2) the property owner breached that duty of care
(3) the property owner’s breach of duty of care was the actual and direct cause of your injuries
(4) you suffered physical harm because the property owner breached this duty of care
Once this is established, you should investigate the circumstances that caused the trip and fall and this involves contacting experienced attorneys like The Licatesi Law Group. The statute of limitations for filing your trip and fall claim in New York is three years from the date of the accident. If you choose to file a trip and fall claim, then the defendant has a limited amount of time to respond to the summons and complaint. Once the defendant responds to your summons and complaint, your attorney will engage in what is known as discovery. Discovery is when the parties involved in the litigation receive the opportunity to question each other and uncover the evidence that each party holds. The discovery phase could be long or short depending on how many parties are involved in the litigation. The discovery process is very important because it provides the parties with a good understanding of the evidence that each side has. After discovery has concluded, settlement discussion typically begin. Every trip and fall is different and requires analyzing the unique circumstances of the specific case, but the experienced personal injury attorneys at the Licatesi Law Group LLP are here to help you every step of the way. Call 516-227-2662 or email [email protected] to learn how the Licatesi Law Group can help you in your next trip and fall case.