A serious slip-and-fall accident can upend your life in a matter of seconds. The injuries resulting from a particularly bad fall can negatively impact your personal well-being for years to come. If you are the victim of such an accident, you may be wondering whether you need a slip and fall lawyer to pursue restitution for what you have gone through.
Under New Jersey law, you may have legal recourse after falling on private or public property. Slip and fall claims usually involve premises liability law which can be time-consuming and complex. A slip and fall injury case is often less straightforward and involves a higher burden of proof than other accident claims.
You are not required to hire an attorney, and not every accident on public or private property automatically warrants filing a legal claim. Nevertheless, depending on the circumstances of your fall, it would usually be advantageous to discuss your legal options with an experienced slip and fall lawyer, especially if your circumstances are as follows.
When You Sustained Minor Injuries
Even if you sustained only seemingly minor injuries from your accident, it may still be wise to consult a slip and fall lawyer. It can be difficult to evaluate the full extent of your injuries in the days immediately after your fall. An accident that initially seems insignificant may have actually resulted in medical conditions that don’t fully manifest for some time.
When your injuries do not seem serious, you may be tempted to accept the first settlement offer you get from the insurance company. Accepting a settlement agreement, though, requires you to sign a release of all future claims. This release ensures that if a more serious injury related to the original claim later comes to the surface, no more claims can be filed. In other words, you will be powerless to gain further restitution for your suffering.
Make your choices wisely. A slip and fall lawyer can advise you on how to best proceed with your claim and protect you from a hasty or unfair settlement agreement.
When You Sustained Serious Injuries
According to the National Flooring Safety Institute (NFSI), more than 1 million people are treated annually in emergency rooms for fall-related injuries. A fall can cause anything from a few scrapes and bruises to life-altering trauma.
Injuries for which you may be able to recover compensation include:
- Broken bones
- Complicated fractures
- Concussions
- Knee damage
- Soft tissue damage
- Lacerations, cuts, and abrasions
- Muscle sprains
- Foot and ankle injuries
- Dislocations
- Neck and shoulder injuries
- Traumatic brain injuries
- Spinal cord injuries
- Facial injuries
- Wrongful death
These kinds of injuries will likely result in costly, prolonged medical treatment and long-term pain and suffering. The more serious your injuries are, the more there is at stake. So you have little time to lose.
Now is the time to seek the assistance you are entitled to receive. Pursuing compensation for such conditions can help get your life back on track after the accident.
A slip and fall attorney will be able to gauge the extent of your damages and establish a just and fair restitution amount to pursue for what you have lost. When you retain a knowledgeable personal injury lawyer, he or she will do the legal legwork and negotiate with the insurance companies on your behalf so that you can focus on your recovery.
When You Must Prove the Property Owner’s Negligence and Liability
You must be able to prove the other party’s negligence and liability to successfully resolve any personal injury claim. In the case of a slip-and-fall, the negligent property owner will probably attempt to deny responsibility for your fall or to contest the extent of your damages.
Under premises liability law, all property owners in the State of New Jersey have the legal obligation to ensure that their land and buildings are reasonably maintained and safe for visitors. In the event that a dangerous situation arises, it is the property owner or representative’s responsibility to remedy the problem in a timely manner. Until the issue is resolved, visitors must be warned of the potential hazard.
If you slipped and fell on someone else’s property and wish to successfully prove negligence against that person or entity, you will need to establish the following:
- There was an unsafe condition existing on the property
- The property owner or representative knew, or should have known, that the unsafe condition existed
- He or she failed to remedy or adequately warn of the unsafe condition within a reasonable period of time
- As a direct result of not acting to correct the unsafe condition, you were injured
Under premises liability law, slip and fall claims and lawsuits can be complicated. A knowledgeable attorney adept at such cases will be able to assess the circumstances of your fall and gather the evidence needed to prove negligence against the property owner.
When the Insurance Company is Blaming You
Regardless of the actual facts of your injury case, the insurance company will likely assert that the accident was your own fault. The insurance adjuster may argue that:
- You ignored clearly posted warning signs
- You were talking on the phone or otherwise distracted
- You tripped over your own belongings
- You were wearing inappropriate footwear
- You entered a restricted area not open to the public
Negotiating a settlement agreement with insurance companies can be a long, drawn-out, and frustrating process. Sadly, insurance adjusters rarely have your best interests in mind and will often use your own words against you.
After suffering a serious injury, the last thing you need is to be pressured into a settlement that will be inadequate for your long-term needs. If you find yourself being blamed for an accident that was not your fault, a personal injury attorney is the advocate you need to successfully resolve the claim in your favor.
Contact a New Jersey Slip and Fall Lawyer for Help
If you slipped and fell as the result of an unaddressed hazardous condition on someone else’s property, you are entitled to restitution for your pain and suffering. Filing an injury claim or pursuing a lawsuit can be confusing and stressful. You do not have to go it alone.
It is your absolute legal right to seek compensation for your injuries and work to regain your quality of life. You deserve trustworthy, reliable advice on what your legal recourse is and how to proceed with a claim.
The New Jersey-based personal injury attorneys at Judd Shaw Injury Law want to hear your story. Contact us today at 1-866-909-6894 or fill out our online form to get a free case review. A member of our legal team is standing by to take your call 24 hours a day, 7 days a week.
Content edited by personal injury attorney Judd Shaw. From the beginning, Judd established a set of Core Values laying out the pursuit for excellence in client service. He is a regular host of the Working The Wow podcast, with the belief that providing an exceptional client experience is just as important as delivering a quality service or product. You can find us in Red Bank and Tom‘s River, New Jersey.