Hospitals, like any other property, have a duty to ensure safety for all visitors and patients. A slip and fall in a hospital can lead to serious injuries, especially for those already in a vulnerable health state. Understanding liability in these cases is critical; hospitals must adhere to strict safety standards. However, proving negligence in a hospital setting can be more complex than in other environments. If you’ve been hurt in a hospital slip and fall accident due to dangerous property conditions, it’s imperative that you hire a competent NYC personal injury lawyer who can effectively fight for the full and fair compensation to which you are entitled. Here are some of the questions you may have:
What Constitutes Negligence in a Hospital Setting?
Negligence is the legal term for any carelessness that causes, or contributes to, an accident. In a hospital, this could mean wet floors without warning signs, poorly lit corridors, or unattended medical equipment in walkways. Hospitals are expected to maintain a higher standard of care due to the nature of their services. Importantly, demonstrating that the hospital knew, or should have known, about the hazard is key to establishing negligence.
How Can You Prove Your Slip and Fall Case?
Gathering evidence is crucial in slip and fall cases. Immediately after the accident, it’s important to report the incident to hospital authorities. Photographs of the scene and your injuries can provide invaluable evidence. Witness statements, if available, can bolster your claim. Medical records post-accident will link your injuries directly to the fall. A detailed account of the incident and the aftermath will help your attorney build a strong case.
How may comparative negligence affect my hospital slip and fall claim?
New York follows the rule of “comparative negligence,” which means that if you are partially at fault for your accident, your compensation might be reduced accordingly. Say, for instance, you were texting while walking and didn’t notice a warning sign. In such a scenario, your compensation could be proportionally decreased based on your percentage of fault. It is, therefore, crucial to understand how your own actions might impact your claim.
How long will I have to file a personal injury claim?
In New York, you generally have three years from the date of the accident to file a lawsuit. Failing to file within this timeframe can result in losing your right to sue. Exceptions do exist, such as for minors or in certain medical malpractice cases, where the timeline can differ. Consulting with an experienced personal injury attorney soon after your accident is advisable to ensure you meet all legal deadlines.
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 866-886-0892 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.
