How Can a Slip and Fall Lawyer Help Me?
Every year, thousands of slip and fall injuries occur. Many of these cases involve serious injury to the victim. Neglected ice and snow, stairwells with poor or broken lighting, wet floors and clutter left to create a tripping hazard are just some of the ways a slip and fall can occur. Owners, occupiers or managers of business, private property and public buildings are all potentially liable for a personal injury as a result of a slip and fall. They have a legal responsibility to make certain that their premises are clear of all hazardous conditions such that it remains safe for the public to traverse. In cases like these a slip and fall lawyer can be invaluable in making sure you receive rightful compensation for your pain and suffering.
What Should I Do in the Event of a Slip and Fall?
If you or someone you know has been involved in a slip and fall accident, it is important to follow certain steps to ensure you achieve a full recovery and are prepared for any lawsuit that may happen as a result.
- Get Medical Treatment Immediately – Make sure you receive the full treatment of a doctor as soon as possible. A doctor’s examination will document that your injury was the result of a slip and fall.
- Report Your Slip and Fall – Make sure to fill out an accident report or that you give some other form of notice to the owner/occupier of the premises where the accident occurred. If the business or a police officer completes an accident report you should ask for a copy.
- Take Photos of the Accident Scene and Your Injuries – It is extremely helpful to your case if you get photos of the site of the accident as well as photos of your injuries. This includes photos of any surgery or stitches you receive as a result of the accident.
- Contact a Slip and Fall Lawyer – The most important step is making sure you have proper legal representation. Having an expert in personal injury on your side will help you understand your options and make any potential litigation much simpler.
- Keep the Evidence – If at all possible, save the item that caused the fall to occur. If it is something that will degrade over time, like a piece of fruit, make sure to bag it and keep it frozen. You should also safeguard any clothes and especially shoes that you were wearing at the time of the fall. Bagging these can help preserve any matter stuck to them that was involved in your accident.
- Witnesses – If anyone witnessed your slip and fall, it can be helpful to try and obtain their name, address and phone number.
- Maintain a Case File – Keep a record of all your medical bills and other expenses related to your slip and fall as well as all letters and statements from insurance companies.
- Do Not Give a Statement to the Insurance Company – Speak to a lawyer before giving recorded statements to or signing documents for the property owner’s insurance company.
Following these steps gives you the best possible chance at a fair and full settlement.
What Constitutes a Slip and Fall Claim in New Jersey?
In order to ensure your slip and fall claim succeeds, you must prove that the the property owners or management were negligent in their responsibility to remove or fix a hazardous condition or that they failed to protect the public from gaining access to the hazard. In order to demonstrate this you must show the following:
- That a hazardous condition existed.
- That the property owner or management knew or should have known, within reason, that a hazardous condition existed.
- That the owner or management had a reasonable time frame in which to address the hazardous condition or to warn visitors about the potential risks yet failed to do so.
- That as a result of this negligence, you suffered a serious injury.
If you are bringing a claim against a public entity because your accident occurred on public property, you should know that the standard of proof required will need to be much higher than if you were bringing a case against a residential or commercial entity.
The statute of limitations on a slip and fall case in New Jersey is usually 2 years. Against a public entity like the State or its municipalities, however, you will be required to provide notice within 90 days.
What Craig Rothenberg Can Do for You
At the Law Office of Craig Rothenberg, we are experienced in New Jersey slip and fall cases. We will fully investigate the accident, talk with medical and accident reconstruction experts, interview witnesses, gather photos, and answer any questions you might have about the process. We will help prepare your personal injury claim and ensure you receive a full and fair settlement. If necessary we will take your case to court to make sure you are compensated for your pain and suffering. Contact our office in New Brunswick, NJ today so we can begin discussing your case.