A duty arises when an individual orentity owes the injured individual aduty of care. Generally, the duty ofcare is to act as a reasonable person.For example, you have a duty to actreasonably to every person youencounter in your everyday life, whiledriving, walking, and riding your bikedown the street. The duty, however,can vary depending on who owes it.For example, slip and falls oftenoccur inside grocery stores due tospills or other conditions, such as wetfloors from the rain. If you are acustomer inside a grocery store, youare an “invitee” under the law – thismeans that the owner of the storehas invited you in the store for thepurpose of being a customer.Because of that, the law holds thestore owner to a higher standard.The store owner must affrmativelyseek out and remedy any conditionsdapibus leo.
A duty arises when an individual or entity owes the injured individual a duty of care. Generally, the duty of care is to act as a reasonable person. For example, you have a duty to act reasonably to every person you encounter in your everyday life, while driving, walking, and riding your bike down the street. The duty, however, can vary depending on who owes it. For example, slip and falls often occur inside grocery stores due to spills or other conditions, such as wet floors from the rain. If you are a customer inside a grocery store, you are an “invitee” under the law – this
means that the owner of the store has invited you in the store for the purpose of being a customer. Because of that, the law holds the store owner to a higher standard. The store owner must affrmatively seek out and remedy any conditionsdapibus leo.
If you were injured from a slip and fall on another’s property, you may very likely have a slip and fall case. As all good New York slip and fall lawyers know, however, an article cannot give you a proper “yes” or “no” answer as to whether you have a case. Most slip and fall cases have many moving parts and the facts are vitally important. A fact that is minor to you may be a smoking gun for an experienced attorney. If you believe you may have a case and would like to seek compensation for your injuries, contact an experienced slip and fall attorney at the Moshes Law Firm, P.C. today for a free consultation.
Our attorneys at Moshes law will help you through the entire process of litigation and settlement. We understand that for most people, this hopefully will be their first and last experience with the legal system. Because of that, we take our time to explain the entire process and keep you updated along the way. At the end of the day, it is your case, not ours, and you deserve attorneys who will fight for exactly what you want. Our attorneys will help you navigate the following steps:
As much debate that goes into proving who was at fault, determining the amount of damages suffered is oftentimes debated even more. This is because damages can oftentimes be very dicult to determine. While medical expenses are typically a fixed number, items such as pain and suffering are hard to value. Furthermore, once those damages are determined, what if the defendant is only partially at fault? A good slip and fall law firm is able to review all of the facts and circumstances and come up with a reasonable assessment of your injuries.
Horrible legal advice is easy to come by. Whether it be a neighbor who had a slip and fall before and vaguely remembers what happened, or a friend’s non-litigator child who is a new attorney, many individuals follow bad advice. The experienced litigators at Moshes Law focus on slip and fall cases. We will make sure that you meet all deadlines and avoid costly mistakes, such as failing to bring your case before the statute of limitations expires.
Slip and fall lawsuits are rarely litigated against the defendant directly, but the insurance company that represents the defendant. Insurance companies have nearly unlimited financial resources and oftentimes hire the largest and most reputable law firms. A slip and fall plaintiff attorney needs to know how to negotiate with insurance attorneys, anticipate their tactics, and call their bluffs. While they are generally the largest law firms, they handle many cases and are always looking to quickly settle negotiations on reasonable terms. In fact, the vast majority of slip and fall cases settle before ever going to trial.
While insurance companies are quick to settle, they are even quicker to try and dismiss a case. Nearly every slip and fall case must overcome the defendant’s motion for summary judgment. A summary judgment motion is where the insurance company or defendant will file a motion with the court asking to have the case dismissed completely. Summary judgment motions are always tightly contested and require in person arguments before a judge. An attorney will review your case, prepare the legal arguments, file the response, and argue your case in front of the judge.
At the Moshes Law, P.C., we truly have seen it all. In our years of practice, we have helped hundreds of victims receive compensation for their losses. We can help you receive compensation for slips and falls resulting from the following:
Individuals injured in slip and falls can generally recover two types of compensation for their injuries – economic and non-economic damages. Economic damages are those that bear an economic cost to the injured individual, such as medical expenses, lost wages, and lost earning capacity. Non-economic damages, on the other hand, are payments for things that are not economic in nature, such as pain and suffering and emotional anguish. Typically, the following five types of damages are the most common seen in slip and fall cases.
Hiring a slip & fall lawyer is not a cost prohibitive process. In fact, most slip and fall lawyers will take your case without any cost to you. Rather than
charging you an hourly or fixed rate, New York allows personal injury attorneys to take cases on a commission basis. This is because New York state
does not want the cost of hiring an attorney to be a barrier to adequate representation under the law. Many people would be unable to hire an
attorney if they were required to pay out of pocket.
This means that the attorney will take payment from your ultimate recovery from the defendant. Most personal injury attorneys charge of your
ultimate recovery, however this may change depending on the case. This also means that if you lose your case, your attorney will not charge you.
At Moshes Law, we are a client-centric firm. Our entire practice is built around providing our clients with the best legal representation possible. Whether you want to be involved in the day-to-day advances in your case or prefer a more “hands off” approach, we will ensure that you are satisfied at the end of the day.
While we could talk all day about how we love to serve our clients, there is no better recommendation than from our clients themselves. While other firms hide their reviews, we put ours proudly on display. Our client testimonials show why we receive the vast majority of our business is from client recommendations.
The Law offiuce of Yuriy Moshes was very professional and efficient. They made sure everything went smoothly with our closing and communicated with us every step of the way. Would definitely recommend! – Kim Howard
The entire team was great. Always answered and returned all my calls and any questions I had. Very courteous and professional throughout the whole process. Would recommend them to friends and family. – Reva McRae
Great law firm. From beginning to the end Mr. Litvin kept me informed about my case. Always available to answer questions and relieve concerns. Mr. Litvin is highly professional and knowledgeable attorney. Would not hesitate to contact him again and refer him to anyone. – Nina Arkhipova
Meet the lawyers that are going to make them pay.
Thanks to the Professionalism and Outsanding Customer Sevice demonstrated by The Law Office of Yuiry Moshes. I've completed many Real Estate Transactions in my years as a NYS Licensed Salesperson and Real Estate Broker. I congratulate your organization for the attention to detail and integrity you company displays.
Hired Yuri to help me through coop purchase process. Yuriy and his staff answered all my questions promptly, I've had attorneys in the past that once paid would take their time and de prioritize your mails, etc..Not the case here. My initial purchase wound up folding week before scheduled closing date due to seller negligence. Almost a year later, I received same level of effort from Yuriy second time around, closed, and am very happy with professionalism and expertise provided.