Slip and fall accidents happen every day, but in many cases, they are avoidable with reasonable care. Nevertheless, these injuries can be devastating for victims and their families. Not only are they physically painful, but they can also result in costly medical bills and life-long disabilities and limitations. You may be entitled to compensation if you were injured on someone else’s property due to their negligent care of the premises. An experienced Jersey City slip and fall attorney can help you receive the monetary resources you need to heal and move forward.
What Is a Slip and Fall Accident?
Slip and fall accidents fall under the legal umbrella of premises liability, a subset of personal injury law. They occur when someone falls on another’s property because of some condition or hazard. To bring a premises liability claim in New Jersey, there must be evidence that the owner or possessor of the property acted negligently in maintaining the safety of their property. Four elements must be present to have a valid claim:
- The location of the accident is owned or possessed by the defendant;
- The defendant was negligent in failing to provide reasonable care to make the property safe for visitors;
- The plaintiff sustained actual harm because of the negligent care of the property; and
- The negligence was a substantial factor in causing the injury.
Another factor that can affect these claims is the action of the injured party. If the dangerous condition should have been obvious or there were steps taken to prevent access (coned off or warning signs, for instance), the property owner could make an argument that they were not at fault. This is why it is important to have an experienced Jersey City slip and fall injury attorney to help you understand the strengths and weaknesses of your case.
Who Is Liable for a Slip and Fall Accident?
Property owners in New Jersey can be held liable for injuries occurring due to unsafe property conditions. The liable party can be any person or group that owns, rents, leases, possesses or works on the negligently maintained property. For example, if a person slips and falls on a wet floor at a sandwich shop, the shopkeeper renting the space would likely be liable rather than the property owner because, in that case, the responsibility for maintaining the premises would fall to the shopkeeper. There are situations where multiple parties may be liable. Bringing your case against the correct person or party is crucial to your personal injury claim. Your slip and fall attorney in Jersey City can conduct an independent investigation on your behalf to determine the actual and provable cause of your injury and who should be held responsible.
New Jersey Slip and Fall Statute of Limitations
According to New Jersey personal injury law, you have two years to file a slip and fall lawsuit against the negligent party. This period begins from the date the accident occurred. It is, therefor, important to start the claim process as early as reasonably possible to preserve crucial evidence. Many injury victims assume that two years is plenty of time, but, in fact, that time often goes by very quickly. It is important to note that, over time, evidence can become more difficult to obtain. Documents can be misplaced, and witnesses become harder to track down. Getting the ball rolling by contacting a slip and fall attorney in Jersey City, NJ quickly also means you are more likely to recover the funds you need to care for your injuries sooner.
FAQs
What should I do after a slip and fall accident in Jersey City?
After a slip and fall accident, seek medical attention immediately to ensure your health and well-being. Document the accident by taking photos, gathering witness information, and reporting the incident to the property owner. Contact an experienced slip and fall attorney in Jersey City to help guide you through the legal process.
Who is responsible for my injuries in a slip and fall accident?
In New Jersey, property owners, renters, or others responsible for maintaining the premises can be held liable for injuries caused by unsafe conditions. Your attorney can investigate the circumstances of your case to determine who is at fault and pursue compensation from the appropriate party.
What types of compensation can I receive for a slip and fall injury?
If you are injured in a slip and fall accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and any future medical care related to your injuries. An experienced lawyer can help you understand the potential compensation available in your case.
How long do I have to file a slip and fall lawsuit in New Jersey?
According to New Jersey law, you have two years from the date of the accident to file a lawsuit. It is crucial to start the process as soon as possible to preserve evidence and increase your chances of a successful outcome.
Can I still recover compensation if I was partially at fault for the slip and fall?
Yes, New Jersey follows a comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault. A slip and fall attorney can assess the specifics of your case and explain how this might affect your claim.
What evidence is needed to prove a slip and fall claim?
To prove a slip and fall claim, you need to show that the property owner or party responsible for the premises was negligent in maintaining the property. This includes evidence such as photos of the hazardous condition, witness statements, medical records, and proof that the owner knew or should have known about the dangerous condition.
How can a Jersey City slip and fall attorney help with my case?
A slip and fall attorney in Jersey City can help by conducting a thorough investigation of your accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Their goal is to maximize your compensation and help you recover from your injuries.
What are common causes of slip and fall accidents?
Common causes of slip and fall accidents include wet or uneven floors, poor lighting, cluttered walkways, icy or snowy surfaces, and lack of proper signage warning of hazards. Your attorney will assess the conditions that led to your accident to determine if negligence played a role.
Contact an Experienced Jersey City Slip and Fall Attorney
When you are in a serious slip-and-fall accident, experience matters. Insurance companies handling premises liability claims do not intend to offer you maximum compensation. That’s why you need a knowledgeable and accomplished slip-and-fall lawyer in your corner.
The Glugeth & Pierguidi, P.C. team has been serving personal injury victims in Jersey City for over three decades. We have obtained multi-million dollar verdicts and settlements to help our clients recover and move forward from serious injuries.
Contact us to schedule your consultation. Let us help you get the meaningful compensation you deserve.
Our Jersey City slip and fall lawyers also handle the following types of cases:
