What the hazard has to show
Most slip and fall claims turn on notice, meaning whether the people responsible for the area knew or reasonably should have known about the condition in time to address it. A puddle with cart tracks running through it tells a different story from a drop of liquid that appeared seconds earlier. Snow and ice are often treated differently in New York, because owners are generally allowed a reasonable time after a storm ends to deal with them. Defects such as a broken stair edge or a missing handrail raise questions about maintenance and, sometimes, building code compliance.
How a demand comes together
Once treatment has progressed far enough to understand the injury, a claim is usually presented to the insurer as a demand supported by records. That package typically includes medical records and bills, proof of lost income, photographs of the hazard and of your injuries, and witness information. Insurers look for gaps in treatment and for earlier injuries to the same part of the body, so a complete medical history, shared openly with your lawyer, avoids surprises later. Health insurers and other payers that covered your care may claim reimbursement from any recovery, and those claims are better identified early.
When a claim needs to escalate
Some claims resolve through negotiation with the insurer once the records are complete. Others stall because the insurer disputes notice or causation, or because the offer does not reflect the injury. At that point the main option is filing suit before the deadline, which can arrive sooner than people expect and much sooner when a public entity is involved. We start by looking at the hazard, the photos and witnesses available, and your treatment so far. We then discuss when it makes sense to present a demand and when waiting for a clearer medical picture serves you better. Filing suit does not end negotiation, and many cases continue to be discussed while they are pending.
