Slip And Fall Attorney in Jersey City
Morgan & Morgan Philadelphia, LLC, A Professional Limited Liability Company formed in the State of Florida. New Jersey Managing Attorney: Clancy Boylan, Esq.30 Montgomery Street, Suite 410
Jersey City, NJ 07302
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Slip & Fall Lawyers in Jersey City
Slip & fall accidents are remarkably common, whether it's at the neighbor's backyard barbecue or inside your local convenience store. Conditions on the property might be run down or dangerous, leading to an unfortunate and painful mishap. Suppose you were visiting someone else's property and got injured. In that case, you may be able to recover compensation through a premises liability claim. Our slip & fall lawyers in Jersey City can help you through this process.
Owners of private property and businesses are required by New Jersey law to take reasonable steps to ensure visitors don't get injured while visiting their premises. If the property is unsafe because of how something is designed, or if there is a hazard that isn't dealt with or access to the dangerous area isn't restricted, the property owner may be liable if someone gets injured.
Before you negotiate a settlement with the liable party, it's important to contact Morgan and Morgan so you fully understand your rights and get the maximum amount of compensation possible.
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What Kind of Conditions Make a Slip & Fall Accident More Probable?
A slip & fall accident can occur for many reasons. Sometimes, people slip & fall when there is no apparent reason, but often, it's because of some condition on the property that makes it likely an accident will happen. Indoor slip & fall accidents usually occur because the floor is wet, waxed, or the carpet is torn or bunched up. Outdoor conditions that may enable a slip & fall accident to occur are frequently associated with weather such as rain, snow, and ice. Other factors that may cause slip & fall incidents are uneven flooring, poor lighting, broken tiles, defective handrails, and poorly maintained grounds.
Still, not every slip & fall incident automatically means the property owner is liable. Suppose the property owner took action to warn of the danger (such as putting out wet floor signs) or took steps to correct the dangerous condition. In that case, you might have some trouble getting them to pay for your injuries.
Who Is Liable for a Slip & Fall Accident?
Generally speaking, the property owner or the person in possession of the property would be liable if an accident occurred. Property owners have a duty to protect visitors by maintaining reasonably safe premises. Suppose an injured party is able to demonstrate that the property owner knew about a dangerous condition or should have known but didn't take steps to correct or warn. In that case, they will likely be successful in winning compensation.
However, that's an overly simplified explanation of how these claims work. Other factors would have to be examined, like the amount of time the dangerous condition existed and if you had any responsibility for the accident. For example, if you dropped a jar of pickles in a grocery store and immediately slipped because of it, the store most likely would not be liable because they wouldn't have had sufficient time to clean up the mess. Another example that would bring liability into question is if you did not have permission to be on the property.
Finally, property owners aren't always the responsible party. For instance, if a landscaping company or a repairman was negligent and created a condition that caused you to slip & fall, they may be the one to hold responsible. Our slip & fall lawyers in Jersey City will help to identify the right party to file your claim against and pursue compensation.
What If I'm Partially to Blame for My Slip & Fall Accident?
New Jersey follows a comparative fault rule which means if you're found to be 51% or more at fault for your slip & fall accident, you would be barred from recovering damages. If your fault lies at 50% or less, you may be able to get compensation, but whatever award you get would be reduced by your degree of fault. For example, suppose a jury awarded $150,000 in damages, but you were found to be 25% at fault. In that case, your award would be reduced by 25%.
Because of comparative fault, it's critical to have legal representation that can minimize your responsibility for an accident that is in question. Still, you can help yourself immediately by not admitting any fault and not discussing the accident with anyone until you secure a lawyer. Please don't agree to be recorded or provide a written statement to an insurance company or the property owner's legal team until you talk with us. Insurance adjusters and the opposing party's lawyers are trained to ask leading questions which may cause you to imply fault in your answer.
You can also protect yourself by not posting about the accident online or on your social media accounts. Lastly, avoid discussing the accident with family and friends as they may be called in as a witness should the claim go to trial.
Why Are Slip & Fall Cases Hard to Win?
Every slip & fall case is different and will have a variety of factors that may come into play. Still, it is undoubtedly true that slip & fall cases can be challenging. It usually boils down to having sufficient proof of negligence and that the property owner's negligence resulted in your injury.
While most businesses have security cameras in and around the property, you might have an accident outside of the camera's view or where no cameras exist. That can make things a little more problematic. If you're lucky, there may have been a witness, otherwise, you have only your version of events that may be disputed.
Another hurdle is fulfilling all the elements of a premises liability claim, which requires proof of the following:
- The property owner owed you a duty of care
- You sustained injuries and damages that caused you financial losses
- The property owner's negligence was the direct cause of your injuries and losses
The next challenge is proving liability. You'll need to be able to establish the following:
- The property owner, possessor, or employees knew of the dangerous condition but did nothing to remedy the problem or restrict access to the area.
- The property owner, possessor, or employees caused the dangerous condition, which resulted in your injury.
- The property owner, possessor, or employees should have reasonably known about the dangerous condition.
How About a Slip & Fall Injury at Work?
A slip & fall injury at work would not qualify for a personal injury claim. Instead, you would file for benefits using your employer's workers' compensation insurance. Unfortunately, workers' compensation only covers your medical expenses and replaces 70% of your lost wages while you recover. You cannot recover any compensation for pain and suffering. However, you do not need to prove your employer was negligent. You could be totally responsible for your own accident (barring some excluded behaviors) and still get benefits. Should you have issues getting your claim approved, we also represent people in workers' compensation benefits disputes.
What Are the Most Common Slip and Fall Injuries?
Anytime someone falls unexpectedly, injuries can be significant and painful. Here are some of the most common injuries people suffer from a slip & fall accident:
Broken bones - When we slip & fall, we usually hit the ground or another object pretty hard, which can easily cause bones to fracture. This is particularly true for older adults. The worst is a hip fracture because of the dangerous complications that can arise. However, any bone break is a serious injury because of the time it takes to heal and the potential for long-lasting problems.
Spinal cord injuries - Spinal cord injuries that can result from a slip & fall include slipped and herniated discs, fractured vertebrae, pinched nerves, and other painful conditions. Spinal cord injuries can limit your mobility or, in the worst-case scenario, cause paralysis.
Neck injuries - During a slip & fall, it's not uncommon to experience whiplash and damage to the muscles, ligaments, and tendons in the neck.
Concussions and traumatic brain injuries (TBIs) - Any time you hit your head hard, as can be expected in a slip & fall accident, a concussion can occur. Concussions can cause headaches, nausea, confusion, ringing in the ears, dizziness, and the potential for loss of consciousness. The result of other forms of TBI can be much more severe and long-lasting. TBIs can impact your ability to think, reason, and perform tasks that were once taken for granted.
Cuts and lacerations - Depending on where the accident occurred, you may suffer cuts from broken glass, sharp metal, or other kinds of debris where you landed. Serious cuts can result in scarring and damage to nerves and muscles.
Knee and ankle injuries - Anyone who slips & falls is subject to knee or ankle damage which can be very painful and cause lifelong complications. Sprains and strains may heal over time, but torn ligaments may require surgery to repair.
Shoulder, elbow, and wrist injuries - We naturally react to a slip & fall by trying to brace ourselves which can cause harm to our limbs. It's not uncommon to break a bone or suffer damage to nerves and soft tissue.
Facial injuries - If you're unable to brace yourself and fall flat on your face, your injuries may include broken teeth, a broken nose, and other facial fractures that may require surgery.
How Can Morgan and Morgan Help Me With My Jersey City Slip & Fall Accident?
Many times when dealing with the aftermath of an accident, you'll need the assistance of a lawyer to recover compensation successfully. Insurance companies loathe paying out on claims and will do everything they can to combat you and minimize your injuries. When a Morgan and Morgan attorney represents you, you can expect the following:
- A personal interview so we can get your account of how the injury happened in order to come up with a winning legal strategy.
- If there were any witnesses, we'd interview them as well so we could include this evidence during settlement negotiations.
- Protection of your rights by ensuring your case is filed within New Jersey's statute of limitations deadline for this type of accident.
- Communicate with your healthcare provider to understand the extent of your injuries and prognosis for recovery, as well as a review of expenses incurred related to the accident so we can come up with the damages
- Negotiations on your behalf for fair compensation
- We take all responsibility for filing and representing you in a lawsuit if needed.
When you need help, our slip & fall lawyers in New Jersey will work tirelessly on your behalf so you can recover from your injuries and have peace of mind. We understand how badly a slip & fall accident can impact your life and will fight hard to ensure you're compensated.
Contact us today for a free case evaluation. If we're unable to recover compensation, you won't owe us anything.