The laws surrounding slip and fall accidents on a commercial property are very complex and can be hard to prove.
The injured party must prove that the owner of the property knew the problem existed and failed to keep the property safe.
Property owners and management companies are quick to blame the slip and fall injury on the victim.
Unfortunately, they almost always have a team of lawyers to help defend them, so without the assistance of a New Jersey slip and fall lawyer, many victims are denied their claim.
This often leaves the injured victim with large medical bills and financial losses.
Seeking compensation for your injuries will require the help of a seasoned New Jersey slip and fall lawyer.
SCHEDULE A FREE CONSULTATION. Having a NJ slip and fall lawyer represent your claim can help you get the best possible outcome.
Call Rosengard Law Group today at 856-284-6446
Our NJ injury attorneys are experienced with slip and fall injuries and the many laws and regulations that surround these accidents.
We will gladly review your New Jersey slip and fall case, answer all of your questions, and help you determine the right actions to take.
Common Causes Of Slip and Fall Accidents In NJ
A slip and fall accident can happen at any time and in any place.
The most common areas where slip and fall accidents occur include:
- Retail Establishments: Cluttered walkways, loose tiles or carpeting, wet or icy entrance ways, and spills are the most common cause of retail area slip and fall accidents.
- Schools: Schools are very common areas for slip and fall accidents, regardless of grade level. Public schools are protected by a different set of laws. Contact us today to learn more.
- Entertainment Venues: Wet floors, loose tiles and rugs, dimly lit stairways, and cluttered walkways are common causes of slip and fall injuries in movie theaters, casinos, and other entertainment venues.
- Grocery Stores: Most falls in grocery stores are from spills, leaking fresh foods or coolers, and cluttered walkways.
- Gas Stations: Slippery flooring, loose mats, and ice build up can cause a slip and fall accident. Uneven pavement, which is common in gas station parking lots, is also a common cause of injury.
- Restaurants: Wet floors, spilled food, grease splatters, and wet bathroom floors are common areas for restaurant falls.
- Apartment Complexes: Common areas where slip and fall accidents occur is on staircases, uneven pavement or holes in the pavement, and ice patches.
Also note, businesses have an obligation to keep their property safe for use. Putting up a “wet floor” sign does not relieve them of responsibility. In fact, that sign openly admits that they know there is a problem with the floor. The business owner is required to keep the floor as dry as possible in addition to notifying customers of the wet floor.
A New Jersey Slip and Fall Lawyer Can Hold The Property Owner Liable
Even if the accident in which you were involved is not listed below, you are encouraged to speak with a New Jersey slip and fall lawyer about your accident.
- Wet Floors: Wet flooring can be from rain, melting ice or snow, spills or leaking roofs. Even when a wet floor sign is placed near the wet area, the business has an obligation to keep the floor as dry as possible.
- Ice: Icy doorways, walkways, parking lots and entrance areas are a leading cause for falls. It is imperative that property owners continue to remove and salt for ice during the winter months.
- Loose or Broken Tiles: Tiles that are loose can cause people to become off balance. Broken or missing tiles can leave a little ledge that causes uneven footing or catches on a shoe and makes you trip.
- Loose or Worn Carpeting: Carpeting that moves when you step on it, such as welcome mats, can cause a slip and fall injury. Worn carpeting can cause uneven walkways or have fibers sticking up that catch on shoes.
- Cluttered Walkways: Retail establishments that have cluttered walkways due to the merchandise being piled high are at great risk for slip and fall accidents. Entrance ways and stairwells that are littered are also very dangerous.
- Stairways: Stairs that are not properly treated with slip-resistant strips, or have loose or broken steps can cause a slip and fall injury. Loose or missing handrails or handrails that are placed too high are also dangerous. Poorly lit stairwells can cause slip and fall accidents.
- Elevators: If your elevator is not properly aligned when it reaches a floor, you are creating a walking hazard. There will be a space between the entrance way and the elevator that can lead to a fall.
- Uneven or Broken Pavement: The pavement in the driveways and parking areas for businesses that are uneven or have potholes are dangerous. Driveways and parking lots should also be well-lit to prevent falls.
How To Improve Your Compensation From A New Jersey Slip and Fall Accident
When you have a slip and fall accident, there are several things that you should do to help improve your chances for compensation.
These steps are recommended but don’t panic if you have not followed them all.
Your New Jersey slip and fall accident attorney will be able to build your case based on the evidence and reports surrounding the event.
File An Accident Report
The most important thing that you can do is file an accident report with the management of the establishment. You want your slip and fall accident and injuries officially documented.
This will also allow you to get immediate medical care for the injuries.
Take down information from any witnesses of the slip and fall and, if possible, include them in the report. If the report does not allow witness statements, request their personal information, and give the contact to your New Jersey slip and fall lawyer.
Use your phone to take pictures of the area.
Seek Medical Care
Even if the fall seems minor, you are going to want to have a medical evaluation. Fractures and head injuries often do not appear at the scene of the accident because people are too upset to pay attention to the symptoms.
Let a medical professional examine you so that your health is protected.
Follow Through With Care
Your health is important. Make sure you follow through with the care routine given to you by your doctor. If this means staying home and resting, then do just that. Your health is the most important.
Speak With Adam Rosengard
Protect your rights as an injury victim and speak with a NJ slip and fall attorney about your case.
SCHEDULE A FREE CONSULTATION and discover what types of compensation you can recover for your losses.
Your attorney will help establish fault, build a case, and negotiate a full settlement.
Common Slip and Fall Injuries
Injuries associated with slip and fall accidents can vary from person to person. Every accident and injury are unique to the person and the event. However, there are some injuries that seem to be more common to slip and fall accidents. These injuries include:
- Fractures of the wrist, ankle, shoulder, and collar bone: These areas fracture most often from the impact of the fall. Many people brace themselves with their arms when they fall leading to wrist and shoulder fractures. Ankles can fracture from twisting when you step on uneven tiles or a broken stair.
- Tailbone fractures: Falling and landing directly on your backside can cause your tailbone to fracture. Due to its location, healing from this type of injury takes a long time.
- Spine Injuries: Your spine can be jolted, fractured, or otherwise injured by a fall. Lower back injuries are common with slip and fall accidents.
- Neck Injuries: Depending on how you fall, your neck can be injured from the impact.
- Fractured Hips: Fractured hips are more common in the elderly, but they do happen to all ages in a slip and fall accident.
- Head and Brain Injury: Head injuries to occur when a person slips and falls back and hits their head. Hitting your head can lead to concussion or blunt force trauma. All slip and fall victims should be evaluated for head injuries, regardless of how they fell.
- Cuts and Bruising: There could be serious cuts and bruising from even a simple slip and fall accident.
Slip and fall victims may suffer one or many different injuries depending on the event. Regardless of the injuries that you received, CONTACT AN ATTORNEY about your accident so that you can make a claim for compensation.
Types of Compensation For A Slip and Fall Accident
When you have been injured, there are a lot of expenses associated with your recovery. You are entitled to receive compensation for these losses. All slip and fall injury compensation is different and is based on the actual events and losses.
Rosengard Law Group NJ slip and fall attorneys will seek one or more of the following types of compensation for your losses:
This includes any and all medical costs associated with the care of your injuries. If you are going to require extended care or future treatments, your attorney will include this amount as well in the compensation package.
Lost Wages and Benefits
This includes all the money you lost in wages due to the accident and any employer paid for benefits. Benefits may include employer-sponsored health care payments and retirement contributions.
Lost Earning Capacity
If you cannot return to work, or you cannot return to the same position and pay rate after your injury, your NJ injury attorney will seek compensation for these future losses.
Cost of Services
If you were required to pay for transportation for medical visits or purchase over the counter supplies per your medical care providers request, your attorney would include these costs.
Additionally, if you had to pay for services to do things that you usually do around the home, such as lawn care, child care, home cleaning or automotive repair, that you could not do because of your injuries, your attorney will make a claim.
Pain and Suffering
The pain and suffering and overall mental anguish that you suffered as a result of the injury will be a part of your compensation package.
Your New Jersey slip and fall attorney may have additional forms of compensation available to you based on the case and the law.
We will inform you of what types of compensation they will request on your behalf during your FREE INITIAL CONSULTATION. Call to schedule: 833-323-4448
Rosengard Law Group NJ Slip and Fall Lawyers Help Those In Need
The day that you were injured in a slip and fall accident was probably just an ordinary day. You had places to go, errands to run, and work that needed to be completed. You did not anticipate that everything would come to a halt because you were injured in a fall.
You also did not anticipate how much this fall would change your life. This fall would have been avoidable if the right precautions were in place, but they were not, and your life is now in chaos.
You did not think that a slip and fall could cause you such a serious injury, but also financial harm. You did not imagine that you would have to file an official claim to have your medical care covered or to receive any benefits.
From the minute you fell, everything has just been chaotic.
Working with a New Jersey slip and fall lawyer can help eliminate a lot of the chaos that you are experiencing from your accident. Your attorney can manage all of your case’s legal aspects and allow you to concentrate on your physical and mental recovery.
When you have a New Jersey slip and fall attorney managing your case, they will provide you with the following services:
- Manage all contact between you and the insurance company covering the slip and fall accident
- Investigate the circumstances of the accident so that fault can be established, and legal responsibility can be determined
- Collect and review any surveillance video that may have recorded the accident
- Speak with witnesses about what they saw and the conditions of the area where you were injured
- Review incident report and any photographs that were taken at the scene
- Consult with experts when necessary. This includes consulting with building inspectors, code enforcement officials, medical professionals, and even snow/ice experts to establish the mechanics of the fall and the resulting injury
- Build a solid case for you to present to the insurance company. We will prepare your case from the start as if it was going to trial
- File all necessary paperwork with the court system during the process
- When all of the necessary evidence has been gathered and reviewed, your attorney will write a demand letter to the insurance company using this information to start the settlement negotiations process
- Your attorney will negotiate with the insurance company on your behalf until a fair settlement offer is reached
- When the settlement is reached, your attorney will make sure that all of your outstanding medical bills and legal obligations are paid before closing your case
- If a settlement cannot be reached, your attorney will file a lawsuit against the insurance company and begin to prepare for trial
- Answer all of your legal questions, keep you informed every step through the process and provide you with exceptional legal representation
Why Do You Need Compensation When You Have Had A Slip and Fall Accident?
Sadly, many people believe that a slip and fall accident is just a minor event that does not require any additional consideration once it happens. It is a misbelief that these events do not lead to serious injuries and then to financial harm.
The Center for Disease Control reports that slip and fall accidents are one of the top causes of injuries in the U.S., especially to those 55 and over. Slip and fall accidents are also considered a leading cause of head injuries.
If you are in doubt that a slip and fall accident requires compensation, you are encouraged to consider the following:
Your Medical Costs
You should not have to cover the costs of your injuries when the fault of the accident was not your own. The responsible party is obligated to cover all of your current and future medical costs related to the accident.
Medical treatment is expensive. Do not place yourself or your family in financial harm by covering these costs. As an injury victim, you have the right to have the negligent party pay for these bills.
Your Lost Income
Have you had to miss work from the injuries? Have you lost benefits because of the time missed? Will you continue to miss work for follow up medical care? You should not endure these financial losses because of an accident.
Your attorney will make sure that lost income and future earning losses are covered as part of your compensation package.
Has missing work because of your injury stopped you from advancing in your career? Have the injuries you sustained made it impossible for you to continue in the same position at work? Will the injuries prevent you now, or in the future, from getting promoted or advancing in your career?
All of these things can have a serious financial impact on your life. If your injuries have caused you financial harm, the responsible party should be obligated to cover these losses.
Quality of Life
How has the quality of your life been affected by the accident? Your life is so much more than work – and the negligent party should be held responsible for the impacts the injury has caused in your personal life as well.
Are you still able to be as active as you were before the accident? Can you enjoy your favorite events and hobbies? Are you restricted by where you go because you need to accommodate your injury? Can you still do the things that matter most to you without being hindered by pain and suffering from your injuries?
All of these questions are important. Your life should not be forced to change due to the actions of another person. Your quality of life is important and must be accounted for when seeking compensation.
Yes, You Can Sue For Non-Tangible Losses
It may seem hard to believe that you can sue for compensation for non-tangible losses. While these losses can be difficult to establish a value, they are part of your received injury.
Some of the more common non-tangible forms of compensation that you can receive include:
- Pain and Suffering
- Mental Anguish
- Loss of Enjoyment of Life
- Loss of Consortium
The compensation you receive for these losses is intended to help reduce the impact that the injury has caused in these areas of your life.
For instance, if it would be beneficial for you to make changes to your home or vehicle to accommodate your injuries, the non-tangible compensation could help cover these costs.
There may be more non-tangible forms of compensation available to you based on the facts of your case. Your lawyer will go over all forms of compensation that are available to you and explain the amounts that you should anticipate to receive. Your attorney will give you a full explanation of how these amounts are calculated.
What Should I Expect From A Slip and Fall Case?
If you have ever seen a legal commercial on television, you have heard the term “slip and fall cases.” Everyone understands that you can sue for compensation for slip and fall, but not many people know what takes place in the case because they have never been involved in that type of case.
We believe that it is very important for our clients to understand the entire legal process when it comes to slip and fall cases. This way, they will feel secure in knowing what is going on at all times, as well as the progress of their case.
All slip and fall cases will proceed as follows:
During your free consultation, we will review the details of the slip and fall accident with you and ask you questions about your injuries and your losses. It is at this point that your attorney will ask you to sign paperwork requesting their services and give you a list of things that you should make available to the attorney, such as medical and financial information.
The very first thing that your attorney must do is be able to establish fault for the accident. This can be a challenge. In many cases, the cause of your accident has been cleaned up, repaired, or replaced by the responsible party before you have even spoken to an attorney.
Even if the responsible party admits that the accident was their fault, your attorney will need to have evidence to back this claim. Why? Because the insurance company covering the claim will not accept the admission without a fight.
The main job of an insurance adjustor is to disprove claims or decrease their overall value. Adjusters are trained to do this in an effort to save money for the insurance company. The insurance adjuster is not going to make it easy for you to make a claim for compensation.
Your attorney will have to provide evidence that shows the accident’s fault was not yours in any way and that they are responsible for covering your injury and losses.
Your attorney will need to review medical records, financial records, and other information to establish an amount of loss that you have endured. This will include medical expenses, lost wages and benefits, and other non-tangible losses.
Your lawyer will have to have proof of all the claims that they are making on your behalf for the insurance company to agree to a settlement. Even then, the insurance company is going to want to negotiate the amount to a lower value.
Dealing With The Insurance Company
Insurance companies use a lot of tactics to frustrate injury victims. The point behind these tactics is to make a person so frustrated or upset that they drop the claim altogether just to be done with the process.
Your attorney will make sure that the insurer is not using delay and denial tactics against you in an effort to prolong the case. The attorney will also make sure that your claim is not missing any forms of compensation that you are entitled to under the policy’s terms.
All negotiations will also be handled by your attorney until a settlement is reached.
Once a settlement is reached, your attorney will make sure all of your medical bills and other financial obligations have been paid. They will prepare a full accounting of all your legal expenses. Once this is completed, the attorney will call you into the law firm office and issue you your final check for compensation.
It Is Always In Your Best Interest To Hire A New Jersey Slip and Fall Attorney
It is no joke; a slip and fall accident can be a life-changing event. You could suffer from head or spine injuries, injuries to your tail bone, fractured or sprained bones, and torn or injured rotator cuffs. For some people, the injuries can be multiple, depending on how the fall occurred.
The severity of the injuries could change your life. Head or spinal trauma can change everything about your life, and fractures and other injuries could lead to long-term pain, extensive therapy, or other dysfunctions. Injuries affect each person differently, so each case must be handled uniquely.
Insurance companies are quick to deny claims. They blame the injured party, deny responsibility, or accuse the injury victim of not being injured at all. Harassment and frustration can be overwhelming to a person already suffering from physical injury and emotional trauma. Having an attorney allows that person to avoid this stress.
Hiring an attorney to manage your slip and fall case gives you peace of mind that the case is being handled without causing you more emotional trauma. You can sit back and focus on your physical and mental recovery from the event instead of focusing on how to deal with an insurance adjustor.
Your attorney has the skills and training to manage your case. They understand insurance policies and laws and will use that knowledge to your advantage. Having an attorney manage your case ensures that you will receive the fair treatment that you deserve after being injured.
Slip and Fall Accident FAQ
What Should I Do After A NJ Slip and Fall Accident?
1. Get medical treatment ASAP
2. Report the slip and fall accident, get a copy of the police report
3. Take photos of the scene and your injuries
4. Keep track of all of your medical bills, insurance letters, and losses/expenses
5. Do not give a statement to the insurance company before speaking with a NJ slip and fall lawyer
How Much Of A Settlement Can I Win For My Slip and Fall Injuries?
It’s impossible to say how much a settlement will be before looking closely at all of the details of your case. We will fight for medical expenses, lost wages, pain and suffering, emotional distress, and more.
What If The Accident Was Partially My Fault?
New Jersey has a comparative fault law. This means you can be compensated as long as you’re not more than 50% responsible for the accident. For example, if the courts decide you were 25% responsible, you can recover 75% of the compensation reward.
Speak With A New Jersey Slip and Fall Lawyer Today
We are so confident that we can help you win your case that we will work on a contingency basis. Starting with your FREE consultation, we will devote our resources to your case without charging you any fees.
We know that this injury has caused you financial hardship and we do not want to cause any more by charging up-front fees.
We understand how serious your injuries are and we are here to help. From the minute you decide to work with Rosengard Law Group we will begin building a strong case for compensation. We are IN IT TO WIN IT.
If you have been injured on the property of another person or business, you have the right to seek compensation for your losses! Call Rosengard Law Group today at 856-284-6446