Public v Private Property Accidents: How Can I Receive Compensation?

Sep 10, 2019

Premises liability injury claims are common in the court system because many insurance companies and their negligent policyholders want a reduced settlement to the case. This occurs even in a pure comparative negligence state like New York where anyone can be eligible for insurance benefits when they are available after being injured unless they are totally at fault for causing their own injury. Any amount of deflected fault can impact a case, and insurance companies are often very difficult when paying benefits properly regardless of the extent of injury for the claimant. Public property claims can be just as difficult, and many times agencies have an established policy for claims that shortens the time period for filing. This is when it is essential to contact an experienced Brooklyn NY accident law firm like Levitsky Law Firm for aggressive and comprehensive representation.

Private Property Injury Claims

The strength of a personal injury claim on private property depends on several factors before liability can be established. The claimant typically must be occupying the property legally, as trespassing can be a defense for the owner or property controller. Both could be liable in some circumstances even when the injured claimant was trespassing. These claims are always defended strongly, and having your own legal professional negotiating the case is always the best path to proper compensation.

Public Property Claims

Public property claims are typically filed with the responsible agency overseeing the facility. There are usually no issues with legal occupancy of the property at the time of the accident unless it occurred when a facility was closed. The most distinct difference with a public property claim is the filing window and the government power to file exemption for punitive damages in serious cases. Public property claims are defended just as strongly, if not more so, than private property premises liability claims, and the Brighton Beach injury attorneys at Levitsky Law Firm can be a difference maker in the final outcome.

Contact a Brooklyn NY Accident Law Firm

Regardless of the location an accident happens, there could be potential for a personal injury claim. New York residents should always call Levitsky Law Firm Brighton Beach injury attorneys for solid representation.