Buffalo Slip-and-Fall Lawyer

Property owners have a legal duty to ensure everyone who steps into their property is safe from accidents, including slip-and-fall accidents.

If you fell on someone’s property, whether public, private, or business premises, you may be eligible to collect compensation for resulting damages. Unfortunately, not all slip-and-fall accidents are due to negligence or lead to a settlement. Insurance companies are also focused on reducing compensation to benefit themselves.

Consult a Buffalo slip-and-fall lawyer to review the details of your case and determine if you can file a claim. If this is possible, the attorneys at Brown Chiari LLP will do all the legal heavy lifting, from the initial investigations to building a case until you’re sufficiently compensated.

What Happens When You File a Slip-and-Fall Claim in Buffalo

When your Buffalo injury attorney determines you have a case, they will start the suing process by sending a demand letter to the defendant’s property insurance company. The insurer will then respond with either an offer of the amount they’re willing to settle on or sometimes, deny the claims altogether. 

In most cases, this initial offer is usually insufficient to cover all the damages. The amount only accounts for current medical bills and lost wages without factoring in non-economic damages like emotional distress.

Your attorney will negotiate this amount by presenting strong evidence to show why your injuries need higher compensation. If the insurance company is still not willing to pay out the settlement you deserve, you can trust our trial attorneys to take your case to court. 

Some of the damages you can collect after a Buffalo slip-and-fall accident include:

• Current and future medical treatment costs
• Rehabilitation costs
• Lost wages
• Damaged property
• Payment for household services and chores you previously carried out
• Physical pain and suffering
• Emotional distress
• Inability to enjoy life 
• Loss of spousal consortium 

When a Slip-and-Fall Accident Causes a Fatality

While fatalities are not as common, they still happen. You can seek justice for your deceased loved one and family members by filing a Buffalo wrongful death claim. 

To do this, you must either be the decedent’s spouse, offspring, parent or were appointed as the estate’s personal representative. 

A slip-and-fall lawyer in Buffalo will also explain other state laws you must adhere to get compensated. And while this doesn’t undo the damage of losing a loved one, the settlement package will ensure you recover without financial stress. 

Besides the damages we mentioned above, you could also be entitled to recover burial and funeral costs, loss of consortium for the spouse, losing an inheritance, and other damages. 

Common Legal Defenses in Slip-and-Fall Cases

You can always expect the insurance company to defend their client and pay less settlement than you deserve. Preparing for these defenses is vital because, if you’re not preparing for them, it’s easy to lose the compensation you need for your recovery.

The three most common defenses you can expect in Buffalo slip-and-fall lawsuits are the following: 

• The Defendant Didn’t Know about the Danger – If the insurance company argues that the liable party was not aware of the issue, you can counter by showing notices proving the opposite. You can use an actual notice, such as a warning sign put up by a store, or a constructive notice, which shows implied knowledge. 
• The Danger Was Open and Obvious – The defendant could also argue that the danger was reasonably noticeable and the victim should have taken proper measures to avoid slipping. In these cases, photo evidence of the danger can help you prove your claim.
• You’re Partly to Blame for the Accident – The insurance company may claim you were responsible for the accident. While this doesn’t absolve them of their liability to you, it reduces your compensation amount. Your lawyer can help you push back against a reduction.

Your attorney will be anticipating these defenses and therefore, they’ll have their arguments ready. This may include evidence that the property owner knew about the danger, video footage, pictorial evidence, and previous complaints of the same issue, among others.    

Call a Buffalo Slip and Fall Attorney for Legal Guidance

Slip-and-fall cases often fall under the general premises liability law in Buffalo, New York. You may need to prove things like your visitor status on the property, an owner’s negligence, and how this caused your injuries. 

Let a compassionate and aggressive attorney help you figure out the next steps toward compensation. It might be the only way to hold the negligent party accountable and find justice for you and your family. 

Call a Buffalo slip-and-fall lawyer from Brown Chiari LLP at 716-681-7190 or fill out our contact form to get started with a free consultation.