Slip and fall accidents can be very serious, and often result in catastrophic injuries. They are common in the US, with over one million people sustaining injuries each year. If you have been injured in a slip-and-fall accident, you may be wondering what your legal options are.
Our New Jersey slip and fall lawyers work to determine the liable parties such as property owners or the subcontractors who are responsible for providing a secure environment for the visitors on their property. They represent injured victims who suffer from significant injuries in slip-and-fall accidents.
If you have been injured in a slip and fall accident, gain legal advice at The Law Offices Of Greg Prosmushkin. Call us at (609) 656-0909 or fill out a free case evaluation form.
How Can A New Jersey Slip And Fall Lawyer Help You?
Slips and falls can happen anywhere, resulting in serious injury. Finding yourself hurt after a slip, trip, or fall can be a painful and emotional experience. Managing your injuries, pain, and trauma is stressful enough without also trying to make a claim. A New Jersey slip and fall lawyer provides critical support during these difficult times.
At The Law Offices of Greg Prosmushkin, P.C., we guide our clients through every aspect of their claim. Our attorneys’ legal services include:
- Free Consultation: Every injury claim starts with a free initial consultation with an experienced attorney. A lawyer will gather information about your case, explain your options, and your right to compensation.
- Claim Management: Our lawyers are with you from the very beginning, filing your claim and managing all communication with the insurance companies.
- Evidence Gathering: Evidence and supporting documentation is critical for proving fault and showing the extent of your financial losses and injuries. We will gather evidence and persuasively present that information in your claim.
- Negotiations: Our experienced negotiator can skillfully negotiate a fair settlement on your behalf. Legal knowledge and adept negotiation techniques can be essential to maximizing compensation.
- Lawsuit: If a fair settlement is not reached, we can file a lawsuit on your behalf. Timely filing is critical to ensuring your rights to recovery are secure. In addition to filing a complaint, we can handle all motions, discovery, and pre-trial proceedings.
- Trial Representation: At trial, our litigation team can persuasively present your case to the judge and jury. Solid courtroom representation can be critical to securing a favorable verdict.
When you need empathetic legal counsel, our lawyers are ready to assist you. Contact us today to get started.
What To Do After A Slip And Fall Accident In New Jersey?
If you have been hurt in a slip-and-fall accident and wish to pursue compensation for your losses, there are a few steps you should take:
- Get medical attention: Your health should be your top priority after a slip-and-fall accident. Even if you do not think you are seriously injured, it is important to get checked out by a doctor. Some injuries, such as concussions, may not be immediately apparent.
- Gather evidence: It will be important to have evidence to support your claim. Take photos of the scene of the accident and get the contact information of any witnesses.
- File a claim: Your lawyer will help you file a claim with the insurance company. They will negotiate on your behalf to pursue compensation.
- Contact a lawyer: An experienced Jersey City slip and fall lawyer will be able to advise you of your legal rights and options. They will also be able to help you gather evidence and build a strong case.
- Go to court: In some cases, it may be necessary to take your case to court. Your lawyer will fight for your rights and help you pursue compensation for your losses.
Common Causes Of Slip And Fall Accidents
Negligence is the primary cause of slip-and-fall injuries. However, some other causes of injuries are as follows:
- Wet or Slippery Surfaces: The most common type of slip-and-fall accident is slipping on a wet and slippery surface. These surfaces may be slipped upon by those who do not see the warning signs, especially if the areas are not cleaned quickly or if there are no warning banners. This particular problem is worse in crowded places such as restaurants, grocery stores, and doorways.
- Uneven or Broken Flooring: Uneven or broken flooring is another considerable contributor to slip-and-fall accidents. Broken tiles, bulging boards, and loose corners of the carpets could act as tripping devices. Imperfections like these are sometimes ignored until someone gets injured. There’s a need for constant checking of the floor as well as the repairing of the floor to lessen such injuries.
- Poor Lighting: Bad lighting is a factor that can also account for slip-and-fall accidents. Places with bad lighting like staircases, corridors, or parking lots are common settings for slip-and-fall accidents. It is easier to miss obstacles when there is poor visibility. If all the places where people are prone to falls were brightly lit, then such occurrences would be rare.
- Cluttered Walkways: Cluttered pathways are indeed an equally common cause of slip-and-fall accidents. Various objects like boxes, pieces of equipment, bags, cords, or any other items lying in the way also pose a great risk. Encountering sudden barriers leads to people tripping and falling down.
- Inappropriate Footwear: Inappropriate footwear should also be mentioned as a significant contributing factor to slipping and falling. Some types of shoes do not have proper hold, support, or fit and therefore tend to create an unstable ground for people, particularly on smooth surfaces.
Injuries also happen when no precautions are taken or no warning signs are displayed on the premises by the owner. Therefore, the premises owner must always address the danger to make people aware of the situation.
Common Slip-and-Fall Injuries
Some injuries which occur due to the slips, trips, and fall hazards are as follows:
- Sprained ankles: A sprained ankle refers to an ankle injury, which happens due to an overextension of the ligaments. This is common during a downward fall that causes the foot to land at an incline.
- Wrist fractures: This is where the wrist bones (typically the radius) may break when a person falls and by instinct, puts out their hands to break the fall.
- Head injuries: People who seek medical assistance after a fall may have different head trauma types, such as concussions, brain accidents, skull accidents, or just brain bruises. This particular injury is very dangerous due to its lasting effects on the brain.
- Hip fractures: In particular, a common type of injury in the elderly. It is defined as the fracture of the neck of the femur which is the place around the hip region where the thigh bone fits in. This is common after one has fallen due to wet floors or problems maintaining posture.
- Soft tissue damage: A person who slips and falls is extraordinarily prone to muscle injury, sprains, muscle contusions, and ligament injuries. Such injuries may occur in the back, knees, shoulders, and other regions.
Some injuries which may lead to deficiencies in the body’s functioning are tears, disc damage, and nerve damage. In extreme cases, soft tissue injuries may also lead to surgeries.
What Types of Slip-and-Fall Cases Does Our Legal Team Handle?
Our legal team has helped thousands of clients where the property owner failed to give a warning sign. New Jersey personal injury lawyers will help you if you have faced a slip-and-fall accident. We have experience dealing with the following sorts of accidents:
- Slippery floors: Floors can be slippery due to a variety of factors, including water, oil, wax, and soap. If the floor is not properly cleaned or maintained, it can become dangerous. The property owner must give some warning to prevent a slip-and-fall.
- Snow and Ice: Some property owners neglect to remove ice and snow from stairwells, sidewalks, or parking lots. As a result, it is hazardous to walk across the area.
- Clutter: If a walkway or sidewalk is covered in debris, equipment, or tools, it might cause individuals to trip over it, causing significant damage.
- Uneven surfaces: It’s possible that tiles will come loose or be destroyed, resulting in someone falling. There could be some shaky surfaces with rails and scaffolding that could result in a fall.
- Open holes: If there are holes present in parking lots or the environment, it can lead to a dangerous situation. The holes may sometimes be covered by snow, making them even more hazardous.
- Insufficient lighting: Poor lighting in hallways, parking lots, and stairwells might be a cause of someone falling due to unseen obstructions.
- Spills: If some liquid has fallen from the shelf and spread on the floor in a store, people are extremely vulnerable to slipping and falling.
If you were hurt as a result of someone else’s carelessness, a New Jersey Slip and fall injury lawyer may assist you. They will help you to prove that the property owner was negligent in maintaining the property.
What is the Time Limit to File an Injury Claim in New Jersey?
In the state of New Jersey, the limitation period is typically two years for filing personal-injury lawsuits including slip-and-fall injury cases. The period is called the statute of limitations.
If a defendant does not file its claim in the two-year limitation period they may lose their right to claim any compensation. A few exceptions to the general time limit are:
- Minors: where the victim that suffered a personal injury is below the age of 18, the time frame usually only begins when the minor becomes an adult.
- Discovery Rule: This rule allows the time limit to begin tolling only when the injured party becomes aware of the injury.
It is wise to always seek the help of the New Jersey slip and fall attorneys as soon as you sustain an injury so that you can understand your rights and avoid missed deadlines.
How do you Prove Negligence in a Slip-and-Fall Case in New Jersey?
The first thing you need to prove is that the property owner or the person in charge of the premises was negligent. The elements you need to show in order to prove this are:
- The property owner or the person in charge of the premises owed you a duty of care.
- The property owner or the person in charge of the premises breached that duty by failing to maintain the property in a reasonably safe condition.
- You were hurt as a result of that breach.
- The property owner or the person in charge of the premises should have known about the dangerous condition and failed to remedy it.
- The property owner or the person in charge of the premises should have taken reasonable steps to protect you from the dangerous condition.
If you can prove these elements, then you may have a strong case against the property owner. A slip-and-fall attorney in New Jersey can assist you in establishing that the accident was caused by the property owner. They will aid you in gathering all of the necessary evidence to demonstrate culpability.
Who Can Be Held Liable for Slip-and-Fall Injuries in New Jersey?
Anyone who is responsible for the maintenance of the premises in which the accident occurred could be liable for the slip-and-fall injuries. Parties who may be held liable are as follows:
- Private property owners
- Commercial property owners
- Maintenance companies
- Tenants of rented properties
- Custodians
- Property managers
- State and local governments
Slip-and-fall injuries may happen on public land, commercial business premises, or private properties. Several factors affect the claim such as the nature of the defendant, the particular facts of the case, and how long the victim may pursue the claim.
What Compensation Can You Pursue in a Slip-and-Fall Case in New Jersey?
Compensation for injuries caused by a slip-and-fall in New Jersey can be classified within two broad headings – economic and non-economic damages.
Economic Damages
These are versatile and can easily be quantified in terms of bills and the receipts of other transactions. These usually comprise the following:
- Medical Expenses: These include hospitalization charges, doctor’s consultation charges, physiotherapy and reconstructive surgery costs.
- Lost Wages: Lost income during the course of healing and future loss of income due to permanent incapacity
- Property Damage: Compensation for the destroyed personal effects like clothes or phones
- Other Out-of-Pocket Expenses: Transport expenses to the hospital for evaluation
Non-Economic Damages
This includes losses that cannot be easily compensated because they are experienced rather than quantified. The non-economic damages usually include:
- Pain and Suffering: Soreness and aches due to injuries sustained because of the accident
- Emotional Distress: Nervousness and disorders of the nerves or any mental troubles experienced as a result of an accident
- Loss of Enjoyment of Life: Probable reduction of the appreciation of various spare time activities including traveling, sports, hobbies, etc., This can even include socialization.
- Loss of Consortium: Effects of injuries on the spouse or partner
When making a claim for a slip-and-fall incident, it is important to see that every single detail is accounted for in relation to the damages suffered. It is advisable to get legal help so you can seek compensation for the full range of losses suffered both in monetary terms and non-monetary terms.
Contact A New Jersey Slip And Fall Attorney Today!
If you have been hurt as a result of carelessness on the part of a property owner, an experienced slip and all lawyers in New Jersey may be able to help you determine what your next steps should be.
Consult The Law Offices of Greg Prosmushkin today by scheduling a free case evaluation by calling 609-656-0909. Our team will investigate the details of your case, gather evidence, and negotiate with the responsible parties to get fair compensation.