Long Island Premises Liability Damages
If you wish to know what types of Long Island premises liability damages you could recover after an injury due to a property owner’s negligence, do not hesitate to reach out to a skilled injury lawyer for assistance. A professional attorney could use their experience in court to help you determine whether or not your situation meets the necessary requirements for a valid premises liability claim, and what next steps you should take to help prove the other party’s liability. Read on to learn more about what goes into recoverable Long Island premises liability damages, as well as the ways a compassionate attorney could fight for your rights today.
Types of Recoverable Long Island Premises Liability Damages
There are two types of Long Island premises liability damages that an individual can recover for following a serious injury, including economic and noneconomic damages. A plaintiff’s economic damages may include their current and future medical bills as well as their lost wages. On the other hand, one’s noneconomic damages are more difficult to calculate because they are based someone’s subjective experience. These losses can include someone’s pain and suffering or trauma experienced as a result of the accident.
Benefit of an Attorney Recovering Damages
An individual should reach out to a skilled injury lawyer after being hurt on another’s property because time is always of the essence in examining a location. If an individual waits a long time to retain legal representation, sometimes the location changes and the way to prove his or her case would have disappeared. If the accident occurred on public property such as in a mall or supermarket, surveillance footage likely captured the incident. However, these videos are frequently erased over time. In order to prevent this circumstance, a lawyer could contact the store owner to ensure that the video is saved to be used as evidence in the case of a future trial.
Defense Strategies from the Property Owner
When taking a case to court, legal representation of the property owner could potentially argue that the plaintiff was negligent by not paying close enough attention to their surroundings in order to avoid an accident. This type of argument can also come from insurance adjusters as well in order to determine if any contributory negligence occurred to cause the accident. However, New York’s comparative negligence laws still allow a plaintiff to recover compensation for their injuries even if they were partially negligent.
Their compensation would simply be decreased by the percentage of fault of that was assigned to them by a jury. For example, if an individual was found to be 40% at fault for causing their accident, their recovered injury compensation would be reduced by 40%. While other states may bar individuals from claiming compensation if they are 50% or more responsible for causing their accident, New York still allows individuals to collect compensation for their Long Island premises liability damages beyond this point.
If you wish to learn more about what types of Long Island premises liability damages you could recover for after a serious accident, consider scheduling a consultation with a dedicated injury attorney today.