Can I Still File a Claim if I Was Partially at Fault for My Slip and Fall?

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Can I Still File a Claim if I Was Partially at Fault for My Slip and Fall?

Slip and fall accidents are common and can result in serious injuries, and if you were partially at fault, you might wonder if you can still file a claim for financial compensation. Please continue reading and reach out to a seasoned Manhattan personal injury lawyer from The Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:

How Does New York’s Comparative Negligence Law Affect My Claim?

New York follows a rule called “comparative negligence.” This means that even if you are partially at fault for your accident, you can still file a claim. However, your compensation will be reduced by your percentage of fault.

For instance, if you were 30% at fault and your total damages were $100,000, you would only receive $70,000. This rule encourages fairness and ensures that each party is held responsible for their part in the accident.

Comparative negligence laws are designed to allocate fault between parties. Even if your actions contributed to the accident, you are not barred from seeking compensation, which can be particularly important in slip and fall cases where multiple factors often contribute to the incident.

For example, if you were looking at your phone and didn’t notice a wet floor sign, you might be considered partially at fault. However, the property owner could also be at fault for not adequately maintaining the area.

What Steps Should I Take After My Slip and Fall Accident?

After a slip and fall accident, taking specific steps can strengthen your claim, even if you were partially at fault. First, seek medical attention immediately. Your health is the top priority, and having medical records can support your claim. Next, document the scene. Take photos of where the fall occurred, including any hazards like wet floors or uneven surfaces. Gather witness statements if anyone saw the accident. These details can provide crucial evidence in your case.

It’s also essential to report the accident to the property owner or manager. This creates an official record of the incident. Be honest about what happened, but avoid admitting fault. Instead, stick to the facts. Afterward, contact a personal injury lawyer. Your attorney can guide you through the legal process, help you understand your rights, help determine the value of your claim, and negotiate with insurance companies on your behalf.

CONTACT OUR EXPERIENCED NEW YORK CITY FIRM

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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Whether you need a car accident lawyer, slip and fall lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your personal injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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