My Process for Handling NY Slip and Fall Litigation
Each slip and fall case has its own facts and each client has his or her own interests and needs, so no two cases are identical. I spend a lot of time listening to my clients and answering their questions and concerns. I also develop a strategy for each case based on the particular facts of that case and the needs and interests of the client.
Overview of a NY Slip and Fall Litigation Process
You should know what to expect if you retain me to handle your slip and fall or trip and fall case. There are five aspects to each slip and fall case:
Getting Started with a Slip and Fall
Litigation
To get started, I will meet with you to listen and understand your story. All slip and fall and trip and fall cases are premises liability cases so I will review the issues with you and discuss what we must prove to win a premises liability lawsuit. I will then discuss the approach I would take on the case and the services that I would provide to you. If you decide to retain me to represent you in this litigation, then I will do the following:
-
Have you sign a retainer agreement.
-
Give you a Welcome Kit, the first of six client reports. The Welcome Kit contains an overview of the services I provide, a statement of client rights and responsibilities, a timeline for the case and other introductory information.
-
Have you sign medical release forms: To conduct an investigation, I need to collect copies of the appropriate medical records as well as other documents. Collecting those records requires that I have your written authorization.
-
File a claim letter: This notifies the defendant that you have a potential claim and that I represent you.
Conducting the Slip and Fall Investigation
All investigations start by collecting all pertinent information. Therefore, I start by taking these actions:
-
Visiting the scene of the incident and taking pictures.
-
Researching the history of the building and any previous complaints, violations or lawsuits related to the property or owner.
-
Collecting the medical records. I seek these records immediately, though we may need to wait on some until you finish treatment. Some providers require persistent contacts before they send the records.
-
Contacting and interviewing witnesses.
-
Reviewing the building codes, if appropriate.
I assemble a team of experts needed to consult on the slip and fall case. In previous premise liability cases, I have used the following type of experts:
-
Medical reviewers to assist in the review and presentation of the medical records
-
Building engineers
-
Construction experts
-
Service Contractors
I also conduct legal research seeking similar cases and identifying decisions that may affect your premises liability case.
Preparing an Assessment of Your Slip and Fall Case
Once I complete the investigation, I will gather all the material, information and research and assess the case. I consult with the team of experts as necessary. I then prepare a detailed Case Assessment, the second of the six client reports. The assessment looks at al the issues in the slip and fall litigation:
-
The Facts of the Case: A review of all the facts in the case.
-
Liability: I explain the issues in proving the defendant’s liability and estimate what a jury is likely to find.
-
Damages: I review the injuries and other damages you have suffered and estimate the value the jury will place on those damages.
-
Proceeding to Trial: This section reviews my approach as we proceed to trial, including an estimate of how long it will take for the case to come to trial.
-
Settlement Options: This section assesses the value of the case in settlement talks and the likelihood that the defense will be willing to settle. Some cases are more likely than others to settle and some insurers are more likely to settle than others.
-
Recommendation: I close each Case Assessment with a series of recommendations on how best to proceed.
I will review the Case Assessment with you to ensure that I have all the facts correct and to discuss the details of the case and my evaluation of it. We will then discuss how best to proceed.
Pursuing
a Slip and Fall Settlement
In all cases, we proceed down two parallel paths: preparing for trial and seeking settlement. The better we prepare for trial, the more likely a settlement becomes.
It is always worthwhile to pursue settlement options, though not all cases will or should settle. I use the Case Assessment to prepare a Settlement Package that I present to the defense. I try to submit this settlement package before formally filing a lawsuit as that gives the defense an opportunity to settle without incurring substantial legal fees. Going to trial can be very expensive, so the defense is often willing to consider a settlement to avoid those costs. In premise liability cases, insurance companies are often willing to settle before having to hire outside counsel to defend a case.
There is never a time when the settlement door closes. Throughout the process, I will remain in contact with the defense to see if they want to offer a settlement that meets your needs. Just as the defense is never required to offer a settlement, you are never required to take a settlement.
Pursuing
the Slip and Fall Lawsuit
After completing the investigation, if a case does not settle early, I will file a lawsuit on your behalf. We may accelerate the filing of the lawsuit in the timeline if we need to meet any statute of limitations requirements. There are three main phases to the typical slip and fall lawsuit process:
-
Filing the lawsuit and exchanging the initial papers: We begin the lawsuit by filing a Summons and Complaint. That action triggers an exchange of legal papers with the defense. Upon filing the lawsuit, I will produce the third of six client reports, the Lawsuit Report, which provides details of the legal process and includes a copy of the papers filed on your behalf.
-
Discovery: During the Discovery phase, we will exchange information with the defense and conduct depositions of the parties. When we begin the Discovery phase, I will provide you with the fourth client report, the Discovery Report, which provides the schedule for Discovery and explains the process in detail. We will schedule your deposition where the lawyer for the defense will ask you questions under oath. I will provide you a Deposition Guidelines, the fifth client report, to help you prepare and I will meet with you to prepare for the deposition.
-
The Trial: After we complete the Discovery phase, I will put your case on the court calendar. The wait for a trial can take from one to three years, depending on the court backlog. Throughout that wait, I will update the assessment of the case with any new developments. As we near the trial date, I will provide you with the sixth and final client report, a Trial Report, which provides an overview of how I will try to the case. This report also helps you prepare for the trial.
Focus,
Communication and Service
As you can see, I work very hard in preparing your slip and fall case and do all I can to ensure that you receive the justice you deserve. I will keep you abreast of all developments, including regular updates on the collection of medical records and the exchange of legal papers and speak to each client at least once every two weeks.
I also provide a set of six client reports that are specific to your case and provide you with detailed analysis and guidelines:
-
Welcome Kit
-
Case Assessment
-
Lawsuit Report
-
Discovery Report
-
Deposition Guidelines
-
Trial Report
I hope you found this review of the process I use in handling premises liability cases helpful. If you have questions, please contact me. You can call 1-800-660-1466 or send me an email at Carol@SchlittLaw.com.
Carol L. Schlitt - New York Slip and Fall Lawyer
If you or a loved one believe you have been hurt due to a slip and fall in New York, you should contact a New York slip and fall lawyer. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.