Slip and fall accidents are common but can result in serious injuries. If you’ve been injured in a slip and fall in New Jersey, you may be entitled to compensation, but knowing where to start can be overwhelming.
This blog will serve as a guide for individuals navigating the process of filing a premises liability claim, answering common questions, and explaining how a personal injury lawyer can assist you throughout the process.
What Is a Slip and Fall Accident?
A slip and fall accident occurs when someone is injured due to hazardous conditions on someone else's property. Common causes of slip and falls include:
- Wet or slippery floors
- Poor lighting
- Uneven surfaces
- Loose floorboards or tiles
- Debris or clutter in walkways
If you’ve been injured due to one of these hazards, you may have the right to file a claim against the property owner or the party responsible for maintaining the premises.
What Are My Rights After a Slip and Fall Accident in New Jersey?
In New Jersey, property owners have a duty to keep their premises reasonably safe for visitors. If you were injured on someone else’s property due to their negligence, you may be entitled to compensation for your injuries. However, it’s important to understand that New Jersey follows a comparative negligence rule. This means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. Importantly, if you are found to be more than 50% responsible for the accident, your right to claim compensation is revoked.
For example, if you slipped on a wet floor but were texting on your phone and not paying attention, the court might find you 20% at fault for the accident. In that case, your total compensation would be reduced by 20%.
What Should I Do After a Slip and Fall Accident?
If you’ve been injured in a slip and fall accident, there are several steps you should take to protect your rights and strengthen your claim:
1. Get Medical Help
Even if you feel fine initially, it’s crucial to visit a doctor right away. Some catastrophic injuries, like concussions or internal bleeding, may not present symptoms immediately. Additionally, having medical documentation of your injuries will strengthen your claim later.
2. Inform the Property Owner
Immediately inform the property owner or manager of the accident. If it occurred in a public space, request an official accident report and ensure you receive a copy for your records.
3. Capture Evidence
Photograph the area where the fall happened, highlighting any hazards like spills or poor lighting. Also, gather contact details of witnesses for later statements.
4. Keep Comprehensive Records
Track your medical treatment, time off work, and any related expenses. Document your pain levels and how the injury impacts your everyday life, as these details are crucial for calculating compensation.
5. Contact a Slip and Fall Lawyer
Given the complexities of these cases, having an experienced lawyer can be invaluable. They will guide you through the legal process, gather evidence, and negotiate with insurance companies on your behalf to ensure you get fair compensation.
What Compensation Can I Receive in a Slip and Fall Case?
If you’ve been injured in a slip and fall accident, you may be entitled to several types of compensation, including:
- Medical Expenses: This includes compensation for hospital visits, surgeries, physical therapy, and any ongoing medical treatment related to your injury.
- Lost Wages: If your injury caused you to miss work, you can seek compensation for lost wages, including future earnings if the injury impacts your ability to return to work.
- Pain and Suffering: Slip and fall accidents can result in long-term physical pain and emotional distress. Compensation for pain and suffering is meant to account for these non-economic damages.
- Property Damage: If any personal property (e.g., glasses, a smartphone) was damaged during the fall, you may be compensated for repair or replacement costs.
How Do I Prove Negligence in a Slip and Fall Case?
To successfully file a slip and fall claim in New Jersey, you must prove that the property owner was negligent. This typically involves demonstrating the following:
- The property owner had a duty of care: Property owners must maintain their premises in a reasonably safe condition for visitors.
- The owner breached that duty: This means that the property owner failed to address a dangerous condition on the property or didn’t provide adequate warning about the hazard.
- The breach caused your injury: You must show that the hazardous condition directly led to your personal injury.
- You suffered damages: This can include physical injuries, medical bills, lost wages, and other economic or non-economic damages resulting from the fall.
A personal injury lawyer will help you gather evidence, such as photos of the scene, witness statements, and medical records, to prove negligence and secure compensation.
How Long Do I Have to File a Slip and Fall Claim in New Jersey?
In New Jersey, the statute of limitations for filing a personal injury claim, including slip and fall cases, is two years from the date of the accident. This means you have two years to file a lawsuit against the responsible party. If you fail to file within this time frame, you may lose your right to seek compensation.
However, it’s crucial to act quickly. Evidence can disappear, witnesses' memories may fade, and delays can weaken your case. Contacting a slip and fall accident lawyer as soon as possible will help ensure that your case is handled efficiently and that all deadlines are met.
What If the Slip and Fall Happened on Public Property?
If your slip and fall accident occurred on government-owned property, such as a sidewalk or public building, the process for filing a claim may differ. In New Jersey, you are required to file a Notice of Claim with the government entity within 90 days of the accident. If this deadline is missed, you may not be able to pursue compensation.
Cases involving public property are more complex than those involving private property, and it’s important to work with a lawyer who has experience handling claims against government entities.
Why You Need an Experienced Slip and Fall Accident Lawyer
Navigating a slip and fall case on your own can be overwhelming. Insurance companies often try to minimize payouts, and proving negligence can be challenging. A slip and fall accident lawyer will:
- Investigate the circumstances of your accident
- Gather evidence to prove the property owner's negligence
- Negotiate with insurance companies on your behalf
- Ensure you receive the maximum compensation for your injuries
Having an experienced lawyer by your side can help you focus on your recovery while ensuring that your legal rights are protected.
Contact Corradino & Papa – Your Trusted Slip and Fall Accident Lawyers in New Jersey
If you’ve been injured in a slip and fall accident, don’t wait to seek legal help. The experienced team at Corradino & Papa is here to guide you through the claims process and fight for the compensation you deserve.
Contact us today at 973-381-1706 or through our online contact form to schedule a consultation and learn more about your legal options after suffering a slip and fall injury.