John A. DeGasperis, Esq.

What Makes a Valid Premises Liability Claim in New York?

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If you were injured on another’s property as a result of a property owner’s negligence, you may have a valid premises liability claim. Continue reading and reach out to our skilled Ulster County slip and fall lawyer today to discuss the specifics of your case and your options.

How can I fulfill the burden of proof for my premises liability claim in New York?

There are a number of things that must be proven in order to win a premises liability claim, you will have to prove several things. They include the following:

  • There was an unsafe or dangerous property condition.
  • The property owner knew or should have reasonably known about the unsafe property condition.
  • The property owner failed to take timely action to fix the unsafe property condition.
  • You were injured because of the unsafe property condition.
  • You incurred significant damages because of the unsafe property condition.

As you can see, establishing the above factors is not always easy, which is why it is in your best interest to retain the services of a dedicated Ulster County personal injury lawyer who can work to uncover all evidence needed to satisfy the burden of proof in your premises liability claim. Our firm will compile as much evidence as possible, including witness statements, photos and videos of the unsafe property condition, surveillance footage of your accident, medical documents, a copy of the police report filed at the scene, and more.

Can I recover financial compensation after a premises liability accident?

One of the primary objectives of filing personal injury claims is obtaining financial compensation for any damages an individual has accumulated as a result of their accident. There are two kinds of damages: economic damages and non-economic damages. Economic damages refer to the financial repercussions an injury has on an individual, including lost wages, the cost of in-home care, the cost of rehabilitation, the cost of other medical bills, and more. Non-economic damages relate more to the non-monetary damages caused by an accident, such as emotional distress, pain and suffering, the loss of enjoyment of life, and more.

What is the statute of limitations in New York?

The statute of limitations for most premises liability claims is three years. This means that you will not want to wait longer than three years to pursue legal action, because if you do, you will most likely be permanently banned from filing this claim again. Also, the longer you wait, the more challenging it can be to establish your claim. Keep in mind that if you were injured on property owned by the government or a municipality, you will have to file a Notice of Claim in a matter of months, which is why it is critical that you do not wait to take legal action.

Contact Our Experienced Ulster County Firm

If you require legal representation for personal injury matters in New York, contact John A. DeGasperis, Esq. to schedule an initial consultation to learn more about our services and how we can assist your upcoming legal process.