Injuries that occur in parking lots or garages can happen for a variety of reasons, including poorly maintained surfaces, lack of lighting, unsafe driving behavior, or negligence by property owners. Whether you slipped on a wet surface, were hit by a moving vehicle, or were hurt due to inadequate security, it’s important to know your legal rights and the steps you can take to pursue compensation.
In New York, if you’ve been injured in a parking lot or garage, you may be entitled to file a personal injury claim. Here’s what you need to know about your legal options.
1. Seek Medical Attention Immediately
Your health and safety should always come first. Even if you feel like your injuries are minor, it’s critical to seek medical attention as soon as possible. Some injuries, such as concussions, soft tissue injuries, or fractures, might not immediately show symptoms. Medical records will be essential for your personal injury claim, so make sure to get treated and document your injuries.
2. Report the Incident to the Property Owner or Manager
Once you’re able to, report the incident to the property owner or manager of the parking lot or garage. If the injury occurred on private property, the owner has a responsibility to maintain safe conditions. Request that an incident report is filed, and make sure to get a copy for your records.
3. Gather Evidence at the Scene
The more evidence you can collect, the stronger your case will be. If possible, try to gather the following:
- Photos of the scene: Take pictures of the area where the injury occurred, focusing on hazards such as wet floors, uneven pavement, inadequate lighting, or other dangerous conditions.
- Witness statements: If there were any witnesses to the accident, get their names and contact information.
- Vehicle details: If your injury was caused by a moving vehicle, get the driver’s contact information, license plate, and insurance details.
- Surveillance footage: If there are cameras in the parking lot or garage, ask for footage that might show what happened leading up to the accident.
This evidence will help establish the circumstances that caused your injury and support your case.
4. Identify the Responsible Party
In parking lot or garage injury cases, several parties could be responsible for the accident:
- Property owner: If the injury occurred due to poor maintenance, inadequate lighting, or lack of proper signage, the property owner or management company could be held responsible.
- Driver: If the injury was caused by a vehicle collision or reckless driving, the driver could be liable.
- Third-party contractors: If maintenance work was negligently performed (for example, unsafe repairs or improper snow removal), the company responsible for the work may be held liable.
Identifying the responsible party is crucial to ensuring your claim is filed properly.
5. Don’t Give Statements to Insurance Companies Without Legal Advice
Insurance companies often try to settle claims quickly, sometimes offering settlements that are much lower than what you deserve. Do not give any recorded statements to the property owner’s or driver’s insurance company without first consulting an attorney. Anything you say could be used to minimize or deny your claim.
6. Consult a New York Personal Injury Lawyer
When dealing with parking lot or garage injury claims, it’s essential to have legal representation. Insurance companies and property owners often fight these claims vigorously. A personal injury lawyer will:
- Investigate the cause of the injury and gather evidence
- Handle all communications with insurance companies
- Calculate your damages, including medical bills, lost wages, and pain and suffering
- Represent you in court if needed to ensure you receive the maximum compensation possible
At Alan Ripka & Associates, we have extensive experience in handling premises liability cases and can help you navigate the complexities of your claim.
7. What Compensation Can You Recover?
Depending on the severity of your injuries, you may be entitled to compensation for the following:
- Medical expenses: This includes treatment costs, surgeries, medications, and any future medical needs.
- Lost wages: If your injury has caused you to miss work, you can recover compensation for lost income.
- Pain and suffering: You may be entitled to damages for the physical and emotional pain caused by your injury.
- Property damage: If your personal property (such as a phone, bag, or vehicle) was damaged during the incident, you may be able to recover these costs as well.
8. Statute of Limitations in New York
In New York, the statute of limitations for filing a personal injury lawsuit is typically three years from the date of the injury. However, if your injury occurred on government property, you may need to file a notice of claim within 90 days. It’s essential to act quickly to protect your legal rights.
Conclusion
If you’ve been injured in a parking lot or garage in New York due to the negligence of the property owner, driver, or another party, you may be entitled to compensation. A skilled personal injury lawyer can help you navigate the legal process and ensure you get the compensation you deserve for your injuries.
At Alan Ripka & Associates, we are committed to fighting for the rights of accident victims throughout New York. Contact us today for a free consultation to discuss your case and take the first step toward getting the compensation you need.
