Our New Jersey Slip and Falls Attorney Answers Some Commonly Asked Questions About New Jersey Slip-and-Fall Accidents
Slip-and-fall accidents are very common. Luckily, in most cases, the injuries are minor. However, this is not always the case. If you or a loved one has suffered a serious injury or death as the result of a New Jersey slip-and-fall accident, you might be eligible to recover damages.
If you believe that the accident was due to the negligence of another party, it is important that you seek the advice of a knowledgeable New Jersey slip-and-fall attorney who will use their expertise to analyze your case and let you know whether or not it would be worth your while to pursue a lawsuit.
Overview of New Jersey Slip-and-Fall Accidents
Slip-and-fall accidents can occur on private, personal, or government property and fall into the larger category of Premises Liability Accidents. Property owners have the responsibility to keep their premises clear of hazards, to clean or repair hazardous conditions as quickly as reasonably possible, and to warn people of the hazard until that cleanup is complete.
There are four basic types of occurrences commonly referred to as slip-and-fall incidents:
- Trip-and-Fall—e.g., an accident due to an object on the path
- Stump-and-Fall— e.g., an accident due to an uneven sidewalk
- Step-and-Fall— e.g., an accident due to an unexpected hole
- Slip-and-Fall— e.g., an accident due to a slippery surface
These are some of the hazardous conditions that are often cited in slip-and-fall cases: cluttered aisles, poor lighting, uneven flooring, uneven sidewalks, stray wires, broken handrails on staircases, spilled drinks or food, and icy walkways and parking lots.
FAQs about New Jersey Slip-and-Fall Accidents
These are some frequently asked questions posed by victims of slip-and-fall accidents.
What should I do if I am a victim of a slip-and-fall accident?
If you are in a commercial or government location, find out if a report is being filed and be sure to obtain a copy of that report. Wherever you are, if no report is being filed, then prepare a report for your future use. Include this and other pertinent information:
- what occurred;
- names and phone numbers of witnesses;
- a physical description of the area; and
- photos of the area, including the hazard, if possible.
Do I have to file immediately after the accident?
New Jersey’s statute of limitations requires that you file within two years of the date of the incident.
Can I file a personal injury complaint against my employer?
No, you would file a worker’s compensation claim, not a personal injury claim.
What types of damages are recovered in these cases?
These are the most commonly awarded damages:
- medical bills;
- future medical expenses;
- loss of wages;
- disability, temporary or permanent;
- loss of future wages due to inability to work; and
- pain and suffering.
What should I do if the insurance adjuster wants to question me?
It is important to remember that it is in the insurance company’s interests to find fault with your claim. Do not provide a written or recorded statement unless you are advised to do so by your personal injury lawyer.
Types of Information the Insurance Adjuster Will Want to Ascertain:
- your reason for being at that location;
- your activities just before the incident occurred;
- the nature of the injuries you sustained;
- the seriousness of the injuries you sustained;
- whether any of your injuries were pre-existing;
- disability, temporary or permanent; and
- if there were any warnings that you failed to heed.
Can I recover damages if I was partially to blame?
That depends. If you were 50% to blame or less, you can recover some damages; however, if you were 51% at fault, then you will not get anything.
New Jersey personal injury law is based on “true comparative fault.” In other words, if the jury determines that the property owner was 80% at fault and you were 20% at fault, then you would recover 80% of your damages.
What are some factors that will determine whether or not the property owner will be held liable?
These are some of the things that will be considered to determine whether or not the property owner was to blame:
- Was the owner aware of the hazard?
- If not, should the owner have been aware of the hazard?
- Did the owner’s action or failure to act result in a risk of injury?
- Was the hazard really the cause of the accident and, therefore, the injuries?
- Did the victim actually suffer the stated injuries?
I suffered a serious injury as a result of a slip-and-fall accident at the home of a friend. What should I do?
It is understandable that you feel uncomfortable suing a friend, but your medical bills and other damages are the same whether the accident occurred at the home of a friend or family member or at a business or government office. Keep in mind that you would likely receive money from the insurance company and not the owner of the property.
Finding an Experienced New Jersey Slip-and-Fall Attorney
Personal injury cases are very complicated. If you or a loved one has been seriously injured due to the negligence of another party, it is crucial that you seek the assistance of a personal injury attorney with experience in these cases. The attorney will analyze your case and help you decide whether or not it is in your best interests to settle with the insurance company or sue to collect a larger amount.
If the attorney determines that a lawsuit is worthwhile, then he or she will obtain witness testimony, photographic and other evidence, and medical records. Most importantly, your lawyer will deal with the insurance company and the paperwork.
Contact Aretsky Law Group, P.C. For A Case Review
Have you or a loved one been injured as the result of a slip-and-fall accident or other incident that was caused by the negligence of another party? If so, then the experienced New Jersey slip-and-fall attorneys at Aretsky Law Group, P.C., can help.
Aretsky Law Group, P.C., does not charge personal injury clients with attorney fees unless you receive damages. Rest assured that if we take your case, we will fight aggressively on your behalf to see that you get the settlement you deserve!
For an initial consultation, call us 24/7 at 1-800-537-4154.
Disclaimer: This article is not meant to provide legal advice. If you have a question involving an injury due to the wrongful or negligent behavior of another party, contact a qualified New Jersey personal injury lawyer for advice.