Legal Question in Personal Injury in New York

If there is no insurance, the building owner will have to pay for your damages out of his or her pocket or you will have to commence a lawsuit. Even if there was insurance you would probably have to commence a lawsuit. The fact that a building has insurance doesn't mean the insurance company will automatically pay you. Far from it.

Whether there is insurance or not, you must prove two things before anyone is going to pay you. You must prove that (1) the building owner was negligent (at fault) and (2) you have sustained injuries which are compensable. If you can demonstrate this to the owner, he or she will probably offer you money. If not, you will have to prove it to a jury of your peers.

Many people are under the false impression that they can simply "get money" for falling down. This is not at all the case. Again, the owner must have done something wrong (or failed to do something such as making a necessary repair). The injured person must also have sustained damages. Simply bruising a knee or spraining a wrist will usually not suffice.

Hope this is helpful!

I am very sorry for your terrible situation. If you are injured you have to commence a lawsuit and go after the building owner directly. A settlement outside of litigation without an insurance carrier is unlikely so filing the lawsuit with court is necessary. There are other ways to find out what other applicable insurance may apply though. In premises liability cases there may be policies that you are not aware of. That is why it is important to hire an attorney who has experience with premises liability cases of your type. We handle many different types of premises liability cases and would be happy to give you a free consultation. Kindly call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation. You can also visit us on the web at www.1800wefight.com. We have convenient locations all over New York and will have an attorney come to you for a free consultation upon request. I look forward to fighting hard for your rights.