Knowing when and how to file a premises liability lawsuit is complicated, especially if you do not know who exactly is liable for your injury. Let us determine who the defendant should be, prepare a strong case against them, and recover the damages you deserve on your behalf.
A lawsuit should cover all medical damages, as well as any other economic or non-economic damages. Since witness statements can prove how and when you were injured, we will interview witnesses right away. Photos and security camera footage also help prove fault or get a big settlement offer. In addition to filing your case on time, we will help you navigate settlement negotiations and a potential trial.
Call our premises liability attorneys at (718) 841-0083 for a free case evaluation from The Carrion Law Firm.
Who is the Defendant in My Brooklyn Premises Liability Claim?
Defendants in premises liability claims are typically property owners. They have a “duty of care” to maintain reasonably safe and hazard-free environments, and failing to uphold that duty makes them liable for injuries visitors sustain.
The owner of the office building your employer rents out, the restaurant you were eating at, the retail store you were shopping in, or the apartment building you live in may be liable for an accident.
Property owners are liable when they or their employees fail to address hazards like spilled drinks, exposed wiring, or loose carpets. Even if the property owner is not present and does not seem directly involved, they may still bear liability, so have our lawyers investigate further.
Allow us to identify the liable party in your case so we can file a lawsuit against them in Brooklyn.
How to Get Witness Statements for Brooklyn Premises Liability Lawsuits
Premises liability lawsuits often depend on witness statements. Call us about your case right after a slip, trip, or fall so we can identify and interview witnesses.
Before you leave the accident location, ask eyewitnesses for their contact information, but do not discuss the incident in-depth with them. Give us their names and phone numbers, and we will promptly contact them.
You are also a witness and may provide valuable testimony. You can explain the hazard that injured you and the damages you have incurred. We will get you ready to testify so you feel comfortable describing your pain and suffering on the stand.
What Medical Damages Will My Premises Liability Lawsuit Cover?
A premises liability lawsuit should cover all medical damages from an injury. Compound fractures, head injuries, and others need urgent medical attention, so do not hesitate to call 911. We can seek damages for treatment from paramedics, the ambulance ride to the hospital, and any other immediate care.
Any tests, assessments, or procedures after you get to the hospital should be covered, too. We will keep tracking your medical damages with hospital bills to keep an accurate tally. Attend all doctor appointments, and do not do anything that might worsen your injury.
Your injuries may still be healing during your lawsuit, meaning you may have ongoing medical damages. We will estimate future medical expenses and seek compensation for them as well, preventing you from having to cover those damages yourself.
A lawsuit should cover any and all necessary medical expenses, from extended hospital stays to prescription pain medications.
Can I Get Non-Economic Damages from a Premises Liability Case?
You may get non-economic damages from a premises liability case with our attorneys’ help. We can estimate your non-economic damages and prepare to prove them in court.
Non-economic damages refer to the subjective harms victims suffer, like emotional distress, mental anguish, physical pain, and more. The severity of your injury, your age, and other factors affect your non-economic damages, which our lawyers can assess.
Proving non-economic damages often requires testimony. Your testimony is particularly useful, as you can accurately describe your depression, embarrassment, or mental suffering since an accident.
You may get non-economic damages from a settlement, but not right away. Defendants generally leave pain and suffering damages out of the first several settlement offers. Signing a settlement agreement will end your case, making it crucial that the settlement accurately compensates all damages, including non-economic ones.
Do You Need Photos and Videos for a Brooklyn Premises Liability Lawsuit?
Having photos and videos can greatly help your premises liability lawsuit, and our attorneys can help get both for your case in Brooklyn.
Photos
Use your phone to take pictures after a slip and fall or other accident due to poor property maintenance. You can photograph a tripping hazard, your visible injuries, and anything else that seems important. Do not delete any photos before giving them to our lawyers to review.
In addition to the photos you took, we may get some from other witnesses. These photos might show the accident scene from a different vantage point, benefiting your case.
Videos
Video footage showing how and why you were injured can help prove your premises liability case. Security cameras are very common in retail stores, restaurants, apartment building lobby areas, and other common slip and fall locations. Since the liable party may also own the footage, we must get it immediately to ensure it is not deleted. We can send preservation letters demanding footage be saved and made available.
Can I Settle My Premises Liability Case without a Trial?
You may settle your premises liability case without a trial. You may never have to appear in court once if we reach a favorable agreement. Even if you file your lawsuit expecting to settle, do not write off going to trial. A jury award might be larger than what you get from a settlement, which we can gauge and advise you on.
Avoiding trials often benefits all involved parties, especially defendants facing clear evidence of their liability. Our premises liability attorneys may get sent bigger out-of-court settlement offers to keep the matter private, which we can entertain. You should not have to compromise too much in a settlement. We will remind you of your deserved damages and keep discussing a settlement until offers increase.
Settling a case out of court does not necessarily take less time than going to trial, though it can. This is completely case-dependent, and our premises liability attorneys will keep you updated on your claim’s progress so you know where it stands at all times.
What Are the Most Expensive Injuries in Premises Liability Claims?
Many injuries that make victims bring premises liability claims are very expensive. In addition to emergency medical attention, victims may need months or years of follow-up care.
Head Injuries
Head injuries overall are some of the most expensive and traumatic injuries for victims. Skull fractures from falls may require surgery and close observation by specialists. Concussions require time off from work, and traumatic brain injuries might cause permanent brain damage.
Facial injuries are also very expensive, with victims often requiring reconstructive surgery. These injuries are also emotionally distressing, contributing to victims’ pain and suffering from negligent property maintenance.
Back Injuries
Spinal cord compression and nerve damage may require immediate surgery. Even with the proper intervention, back injuries may cause permanent loss of function, chronic pain, or other long-term effects.
Bad back injuries often happen during falls from high heights or downstairs, but they may also happen when victims trip from their standing height and fall onto the hard pavement.
Fractures
Compound and displaced fractures generally require surgical intervention, along with some physical therapy. Broken bones are some of the most common slip and fall injuries, some of which take many months to heal.
When Should I File My Premises Liability Lawsuit in Brooklyn?
You should file your premises liability lawsuit within three years of an accident in Brooklyn. If you wait any longer, you may miss the statute of limitations, blocking you from compensation.
New York provides several exceptions to the three-year statute of limitations, though few apply to premises liability claims. We need time to build your case, tally damages, get evidence, and file a lawsuit, so give us as much of that three-year window as possible.
Ideally, we file claims much sooner than three years from the date of injury so victims do not have to wait too long to get compensation. However, if the statute of limitations expires soon and you need damages, there may still be time, so reach out to our lawyers.
What Happens During a Premises Liability Trial in Brooklyn?
During a trial, both sides will have a chance to present their evidence. We get to go first and can explain why the defendant is liable. Even during the trial, the defendant may keep sending settlement offers, which you can accept or reject.
You may testify during a trial, along with any other eyewitnesses. Physicians or other expert witnesses may also testify, helping prove your injuries and damages.
Once the trial is over, the jury will decide whether or not we have met the burden of proof. We must prove it is more than likely the defendant’s negligence caused your injuries, at which point the jury will award compensation.
Damages are based on the proof of losses we provide, like income records, hospital bills, and testimony regarding non-economic damages.
What Are Common Reasons for Premises Liability Claims in Brooklyn?
Premises liability claims might arise from many different accidents, and our lawyers can review your case to see if you have reason to sue.
Slip and Falls
Slip and falls are very common and happen because of hazards or obstructions. You might slip on the wet floor or a loose rug and break a bone or suffer another painful injury. Wrist, hand, ankle, foot, and knee injuries are very common during slip and falls, but so are neck and back injuries.
Exposed Wiring
Exposed wires or cables might cause fires and electrocution or burn injuries. These can be disfiguring and extremely painful. Electrician and burn injuries are costly to treat and cause long-term non-economic damages.
Unsecured Furniture
Heavy and unsecured furniture might topple over onto a victim, fracturing their bones and injuring them in other ways. Unsecured furniture is especially dangerous to children, who might suffer fatal injuries.
Negligent Security
Not providing adequate security measures at hotels, bars, and nightclubs might create liability for assaults and other incidents. Ask our attorneys if you can file a premises liability lawsuit because of negligent security in Brooklyn.
Drowning Accidents
Pool owners may be liable for drowning accidents, too. These accidents may happen at private residences, public pools, or other locations, and we can determine who is at fault for a fatal or serious drowning accident.
What is the Most Compensation I Can Get in a Premises Liability Lawsuit?
New York does not limit victims’ recoveries in premises liability lawsuits. If a negligent property owner is liable for your injuries, we can hold them responsible for all damages you have incurred, no matter how great.
Economic and non-economic damages seek to compensate you for your losses, while punitive damages seek to punish the defendant. Especially egregious misconduct could make you eligible for punitive damages, which New York also does not cap. You can only get punitive damages if you go to court, and you will not get them from a settlement.
You may get more damages from going to court than settling without a trial. This is case-dependent, as some defendants will offer very large out-of-court settlements to avoid an unfavorable and public verdict.
Call Our Brooklyn Attorneys About Your Premises Liability Case
Call our premises liability attorneys at (718) 841-0083 to discuss your case for free with The Carrion Law Firm.