How Long Does a Premises Liability Claim Take to Settle in New York?

Each premises liability case comes with its own set of unique circumstances. With that being said, it is very difficult to predict how long it will take for a premises liability claim to be completed in New York. The real answer is that it will take whatever time is necessary to obtain just and fair compensation.

An experienced and competent law firm will move the case quickly and avoid unnecessary delays. Some claims are straightforward and can be resolved in a matter of months. However, in other cases where fault and liability are not clear-cut, these claims can take years to settle.

Some cases even require a jury trial and verdict before they can be resolved. Many different factors go into a claim’s progression. These factors include the parties involved, the complexity of the issues, the evidence, the strength of the case, the willingness of the other parties to resolve the case, and many other factors.

When to Expect a Settlement

The most common question that arises in a person’s claim is “when will I receive my settlement?” We understand that you may be anxious to receive a settlement especially if you are suffering from ongoing pain, rising medical bills, or lost earnings because of your injuries.  However, every case is different and there is no single thing you can do to speed up the resolution of your case besides cooperating with your lawyer and following all legal advice.

What You Can Do to Strengthen Your Claim

While we cannot control how long a case will take to resolve,  here are a few proactive steps you can take to build a better claim:

• Call the police to report the incident. Whether you were injured in a trip or slip and fall, elevator malfunction, assault due to negligent security, or another injury, reporting your incident to the police will document and help to provide essential evidence in your claim.
• Obtain the names and contact information of any witnesses. The availability of independent witnesses to your accident is very helpful in proving that your injury took place as well as the cause of that injury.  Very often, witness information is only available at the scene of your accident and can easily be lost if not preserved.
• Obtain medical attention immediately. The sooner you receive medical attention and treatment documenting the incident and your known injuries, the better.  If you have ongoing medical issues, continue to treat them with medical professionals – your medical records will help to illustrate the full nature of your injuries and suffering.
• Document your injuries with photographs. Visible injuries of your injuries may fade over time.  Take photographs that show your injuries as soon as you notice them, as they also provide valuable proof of the injuries you sustained after your accident.
• Do not give any oral or written statements to representatives for the other side. After your accident, you may be approached by a person who has been hired by the other side to obtain a statement from you locking in your version of what occurred. In order to ensure that you do not limit your rights, do not give any statements until you obtain legal counsel.
• Do not post on social media. Entries you post regarding your incident and injuries, including photographs, can be used to minimize your claim.  In order to preserve the strength of your case, do not post on social media until you consult with a lawyer who works for you.

Examples of Premises Liability Cases

Premises liability covers a wide variety of accidents that involve the ownership, operation, maintenance, control, or repair of public and private property.

Below is just a small list of some of the many types of cases that are included in this legal field:

• Slips and trips and falls on public sidewalks
• Falls due to snow and ice or substances on the ground
• Elevator malfunctions
• Accidents in public housing
• Falls due to broken structures inside or outside of property such as stairs, walkways, floors, leaking ceilings, or other defects
• Assaults due to negligent security
• Bar or nightclub accidents
• Injuries caused by dangerous conditions in stores or businesses

You May Be Entitled to Substantial Compensation

If the evidence shows that your injuries were the result of negligence on the part of a property owner, property manager, security company, tenant, or another party, New York law entitles you to seek fair and reasonable financial compensation for each and every type of damage you sustained including the following:

• Pain and suffering for all physical and emotional injuries
• Loss of enjoyment of life
• Mental anguish
• Lost wages
• Medical bills
• Disability
• Scarring
• Disfigurement
• Future pain and suffering
• Future medical expenses
• Future loss of earnings
• Any out pocket expenses resulting from your injuries

Depending on the circumstances of your case, you may be able to pursue compensation for other losses not included here.

Call the Attorneys at Dansker & Aspromonte Associates LLP Today

Call us to learn more about your legal rights and the steps that will be taken to move your case from the beginning to the conclusion.  We offer free case reviews to all of our prospective clients. If we agree to accept your case you will not be required to pay us any money upfront – we only earn a legal fee when we recover compensation for you.

Call or text (646) 692-0204 or complete a free case evaluation form.