New Jersey Slip and Fall Attorney
Unfortunately, slip and fall injuries can happen anywhere in New Jersey. Unsafe premises can injure individuals while working, shopping, attending a concert, or visiting a private residence. The law may hold the property owner and other responsible parties accountable if you sustained injuries in a slip and fall accident. A settlement could pay for your medical bills, lost income, pain and suffering, and other damages.
Jacoby & Meyers, LLP has represented accident victims in the tri-state area for 50 years. Our New Jersey slip and fall attorneys can review the details of your accident and inform you of your legal options. Contact us online or call us for your free case evaluation.
3 Reasons to Hire Jacoby & Meyers, LLP to Handle Your New Jersey Slip and Fall Claim
Many injured individuals wonder, “Do I need an attorney for a slip and fall case?” Perhaps the biggest myth about slip and fall cases is that they’re easy to win. These legal claims are often more complicated than they appear at face value. Below are three ways our New Jersey slip and fall attorneys can help you pursue a settlement.
Slip and Fall Laws Are Complex
What you think is an open and closed case may not be. Premises liability laws are nuanced. Factors like why you were on the premises, what you were doing there, and who was responsible for maintaining the property come into play.
It’s challenging for attorneys to come in and build a strong case after you’ve attempted self-representation. Don’t take the chance of getting in over your head. Contact Jacoby & Meyers, LLP today.
Evidence Isn’t Always Easy to Obtain
You can’t count on the property owner to assist you in pursuing your claim. They don’t have to willingly hand over any evidence to you, such as surveillance footage. It may take legal action on the part of a lawyer to obtain evidence to support your case.
Slip and Fall Cases Can End in a Trial
A court trial may be your only recourse if negotiations stall. Insurance companies have experienced legal teams to represent them in court. You’ll need your own legal representation throughout the trial.
“I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
What Qualifies as a Slip and Fall Accident in New Jersey?
Slip and fall is the informal term we use to describe some premise liability cases. These claims involve a hazard on someone else’s property that caused a person’s injuries. But there’s more to a slip and fall accident than tripping over your own feet. In short, you must show a negligent property owner caused the accident and your serious injuries.
Below are the factors that separate an embarrassing incident from a potential slip and fall lawsuit.
- A dangerous condition existed on the premises.
- A property owner knew or should have reasonably known that this danger existed.
- A responsible party had reasonable time to either address the danger or warn visitors about the danger but failed to do so.
- The dangerous condition caused your slip and fall accident.
- Your injuries resulted in damages such as medical bills, time off work, and pain and suffering.
It may take some research to prove that these elements were in place at the time of your accident or that the accident occurred because of some preventable hazard the property owner should have addressed.
Workplace Slip and Fall Injuries: New Jersey Worker’s Compensation
People often associate slip and fall accidents with factory and construction jobs. However, a preventable slip and fall injury can happen at any job, including in offices and retail stores.
New Jersey worker’s compensation benefits may pay for your medical care and lost income—if the insurance company approves your claim. The law may also entitle you to additional compensation, but you need a lawyer to help you pursue your claim.
Many New Jersey employees injured in workplace slip and fall accidents encounter roadblocks to fair compensation:
- A flat-out denial of their claim
- The inability to see their own healthcare provider for treatment
- Employer noncompliance with reporting and deadlines
- Working off-site at the time of the accident
Workplace slip and fall injuries are unlike other types of personal injury claims. Jacoby & Meyers, LLP is equipped to take on these cases. Whether you work for a small family-owned company or one of the area’s largest employers, we can represent you.
Determining Fault in a New Jersey Slip and Fall Case
Two factors the law considers when determining fault for slip and fall injuries are the reason you were on the premises and who had responsibility for the condition of the premises.
Why were you on the property at the time of your slip and fall accident?
The law categorizes parties injured in a slip and fall accident as invitees, licensees, or trespassers. These are legal terms that many people aren’t familiar with, so we discuss them below.
Invitees. An invitee is anyone invited onto the property for business purposes. Shoppers at a grocery store and restaurant patrons are typical examples of invitees. Often, the law holds property owners who welcome invitees to a higher standard.
Licensee. This term is confusing, but it refers to anyone welcomed onto a property for their own benefit. In many circumstances, you are a licensee when you pay a social visit to someone.
Preventable injuries can happen at the home of someone close to you. We understand that this is a sensitive situation. Your friend or family member has homeowners insurance for this very reason. At Jacoby & Meyers, LLP, our case evaluations are free, confidential, and with no obligation. You can learn about your legal options to seek compensation and make an informed decision about handling your claim.
Trespasser. A trespasser is anyone who enters someone’s property without the property owner’s permission. An angry property owner may accuse you of trespassing to avoid litigation. However, the property owner’s perception of the incident and what the law says might be two different things.
For example, the “attractive nuisance doctrine” may apply to slip and fall accidents involving injured children. Under this doctrine, property owners have an obligation to remove or secure hazards that can be accessible to children, even on private property.
Who is responsible for maintaining the property?
The person or entity who owns the property is often responsible for keeping the premises in good repair. That includes being aware of hazards, repairing or removing hazards in a timely manner, and notifying visitors of any dangers. Additionally, property owners must also install proper safeguards such as railings on stairs and elevated surfaces.
However, other parties may also be responsible for maintaining the premises, including custodians, property managers, caretakers, and maintenance companies. The law may also hold other parties accountable for incomplete or substandard repairs.
New Jersey Slip and Fall Settlements Amounts
The law may entitle you to compensation if your slip and fall injuries were preventable. A settlement covers your accident-related damages, such as medical bills, lost income, and pain and suffering. Compensation puts you on the path to physical, financial, and psychological recovery.
There is no easy answer to, “How much is the average slip and fall settlement?” The severity of your injuries and how your injuries impact your life are individual factors. We’ve listed some common damages people sustain in slip and fall accidents to give you an idea of what a settlement may compensate you for. The law categorizes these damages as monetary or non-monetary.
Monetary damages in a New Jersey slip and fall case
Monetary damages have an associated cost and include:
Medical expenses for your accident-related injuries
- Emergency medical treatment
- Diagnostic tests
- Doctor visits
- Hospital or long-term care facility stays
- Ongoing therapy
- Surgery
- Medication
- Mobility aids
- In-home care
Lost income
- While you recover
- If you are unable to return to work
- If you can only return to work in a decreased capacity
Professional services, if your injuries prevent you from carrying out certain tasks
- Housekeeping
- Childcare
- Lawn care
Any personal property damaged in your slip and fall accident
- Smartphones and other electronics
- Jewelry
- Eyeglasses
- Medical devices/equipment
- Work equipment
Your current monetary damages are relatively straightforward. However, the insurance company may attempt to undervalue your future monetary damages.
Non-monetary damages in a New Jersey slip and fall accident
Non-monetary damages are the intangible effects of your injuries.
Common examples are:
- Physical pain
- Emotional suffering
- Loss of enjoyment
- Loss of self-esteem for permanent scarring and disfigurement
- Loss of companionship, if your injuries interfere with your relationship with your spouse
New Jersey’s RWJBarnabas Health acknowledges that post-traumatic stress disorder (PTSD) can affect accident victims. PTSD symptoms like anxiety, depression, reliving the accident, and anger interfere with daily activities.
No amount of money can undo your slip and fall injuries. But the law entitles you to compensation for all of your damages. An adequate settlement takes into account how your accident affects you and your family.
An Overview of New Jersey Slip and Fall Accidents
Where do slip and fall accidents happen?
Preventable slip and fall injuries can happen anywhere you go in New Jersey.
- A concert or sporting event at venues like Red Bull Arena, Prudential Center, CURE Insurance Arena
- Grocery stores such as Trader Joe’s, BJ’s Wholesale, or Wegmans
- Shopping centers like Cherry Hill Mall, Westfield Garden State Plaza, Fashion Center Paramus
- The home of an acquaintance, friend, neighbor, coworker, or family member
- Public parks
- Your child’s daycare
- A public or private school
- While on the job
- Amusement parks
- NJ TRANSIT bus, light rail, or bus
- Hotels, Airbnbs, and other accommodations
- Your own home (Under specific circumstances, if you hired someone to perform repairs and those repairs were not carried out.)
Common causes of New Jersey slip and fall accidents
Preventable slip and fall accidents can have many causes, including:
- Unsecured ladders or elevated walkways
- Loose or missing floorboards
- Spills
- Open holes
- Loose stairs
- Missing or loose handrails
- Clutter
- Rain, ice, snow
- Long grass and tall weeds
- Potholes
- Deteriorating sidewalks, pavement, and concrete
- Unsecure seating
What to do after a New Jersey Slip and Fall Accident
Taking immediate action aids your recovery and protects your legal rights.
Seek medical care if you haven’t already
You may have refused treatment on the scene or turned away the paramedics, which is not unheard of. Some injuries are not readily apparent. Or, you may have felt embarrassed after sustaining an injury in front of others.
A diagnosis is the first step of your legal claim. You cannot collect compensation if you don’t have accident-related damages. And the longer you wait to see a doctor, the more serious your condition may become.
Contact a New Jersey slip and fall lawyer at Jacoby & Meyers, LLP
A strong injury claim requires evidence that your injuries were preventable. Many forms of evidence disappear or become more difficult to acquire over time. We can take immediate action to build a strong claim.
Preserve the clothing you wore at the time of the accident
Your clothing, shoes, and accessories may prove to be valuable pieces of evidence. Don’t wash or discard these items. Set them aside in a safe location.
File an accident report
You need to notify the appropriate individual or department about your injuries if you haven’t already. For example, contact the manager if you fall in a store or restaurant.
Only relay the facts, such as the accident’s time, date, and location. Don’t speculate, and don’t assume blame or place blame. Politely decline to make a recorded statement. We may be able to help our clients complete an accident report with the proper individual or entity.
Stay off social media and the internet
Many unhappy customers and patrons take to social media and review sites to air their grievances. Any posts or comments you make won’t work in your favor and may even jeopardize your case.
Do I Have to Go to Court to Win a Slip and Fall Settlement?
Not necessarily. The New Jersey slip and fall attorneys at Jacoby & Meyers, LLP are skilled and experienced negotiators. Many claims do successfully settle outside of court.
That said, we are not a personal injury law firm that shies away from a trial. Some slip and fall injury claims are complex and involve multiple parties. We’ll do what it takes to pursue maximum compensation for your damages.
No amount of money can undo your slip and fall injuries. But the law entitles you to compensation for all of your damages. An adequate settlement takes into account how your accident affects you and your family.
How Long Does It Take to Receive a Slip and Fall Settlement?
Every case differs.
How long it takes to settle a case can depend on:
- If the responsible party disputes liability
- If there are multiple responsible parties
- You sustain catastrophic and life-altering injuries such as a traumatic brain injury (TBI) or spinal cord injury
- Your damages have a high monetary value
Not knowing what is happening with your claim can wrack your nerves. If you hire us, you may access your file online at any time for updates. You can also call our office.
Don’t Miss the Deadline to File a New Jersey Slip and Fall Injury Claim
State law limits how long you have to take legal action after a slip and fall accident. This deadline is called a statute of limitations.
The statute of limitations for a slip and fall case varies depending on various factors. The deadline for a workplace injury may be different from one that occurs on private property. You may have a different time frame if a government entity is found responsible for your accident. There’s a good chance the courts will refuse to hear your case if you attempt to take legal action after this deadline.
There is no reason to delay consulting our New Jersey slip and fall lawyers. You can contact us on the same day as your accident after you receive medical treatment. We offer free case evaluations, so it costs you nothing to learn if you have a valid legal claim.
Contact Jacoby & Meyers, LLP for Your Free Case Evaluation
New Jersey law may entitle you to compensation for your slip and fall damages, but you must act immediately. Contact our office to learn if our New Jersey slip and fall attorneys can help you pursue a settlement. Call us at (973) 643-2707 or contact us online for your free consultation with a New Jersey personal injury lawyer.