The law offices of Samuel Fishman are dedicated to helping those who have been injured in a slip and fall accident. Mr. Fishman is a New Jersey slip and fall lawyer with over 25 years of experience representing individuals and families who the negligence of another has harmed.
Whether it is a fall on an icy sidewalk, a wet floor in a grocery store, or any other dangerous condition, Mr. Fishman and his team will work tirelessly to get you the compensation you deserve. They will investigate the accident, gather evidence, and build a strong case on your behalf.
Should you hire a New Jersey slip and fall attorney for your injury case?
Each year, thousands of accident victims seek personal injury compensation in New Jersey and across the country. You may be entitled to compensation if you have been the victim of injuries caused by someone else’s negligence. It is not always easy to recover compensation for personal injury claims.
In slip and fall accidents, it can often be difficult to determine liability. Many people are injured daily because of a fall on someone else’s property. A lot of people feel embarrassed if they fall in public but it is important to understand that the property owner may have played a role in your accident by failing to do something they had a legal duty to do in order to prevent the accident.
It is the duty of the property owner to maintain the property and ensure that it is safe and secure. You may be entitled to a claim of compensation when you can prove that the property owner or manager was negligent.
There are numerous ways to prevent hazards, such as fixing visible warning signs when the hazard cannot be immediately removed. If a warning sign is not present, and you are injured, you may be able to prove the owner was negligent because they had a duty to warn those who lawfully enter the property of the danger. Discuss your case with a New Jersey Slip and fall lawyer for injury claims.
Many victims are confused about what steps to take after a trip and fall accident. Here is a general guide to help you understand the different options you may have after such an accident.
What To Do the First Ten Minutes After Sustaining Injuries
You should not panic and follow the steps below immediately following the accident:
- Ask for help- You may not be in a condition to walk or move away from the site. You should ask the people nearby for help to get you to a safe place. If nobody is present or nearby, you may consider calling a friend or family member.
- Seek medical attention- You should get immediate medical treatment for the injuries you suffered in the accident. Getting proper treatment will also help in assessing the severity of your injuries. You can later discuss injuries with your attorney to help seek an appropriate settlement for your injuries.
- Report the accident to the property owner and police- You should always inform the property owner or the manager of your injury. When you suffer an accident at the workplace, you should immediately report it to your manager. State laws vary on reporting mandates, but be aware that you could hurt a later claim for compensation if you fail to follow reporting requirements.
- Take pictures and videos- Look around the accident scene and take note of your surroundings. If possible, take photos and videos of the scene. These could help to prove the property owner’s liability. You may even ask your lawyer to visit the site with you to investigate more thoroughly.
- Take proper notes- You should take detailed notes of the accident scene, but avoid exaggerating any fact that may affect your claim.
- Eye witnesses– If there were other people around that witnessed the accident, you should consider talking to them. You can take their contact information and record their statements for future reference. Recording their statements will help preserve the details they shared. Witnesses may be contacted later to support any future legal action.
- Preserve your evidence – You should preserve any evidence that may later help to prove your case. For example, keep torn clothing and the shoes you were wearing as evidence of the accident. You can also maintain documentation of medical treatment. A knowledgeable attorney can assist you with gathering additional evidence that can help prove the claim.
How Much Is Your Claim Worth?
Victims who sustained major injuries, such as brain injury, have to pay hefty medical and other expenses for their losses. They can hire a brain injury lawyer to learn more about how to file a claim. People who endure only minor injuries are often doubtful about whether or not they should file a claim. One of the most common concerns is whether the claim is worth the time and expense of pursuing it. To answer this, you should consider the hardships that you have suffered because of the accident.
Even for a minor injury, you will incur expenses. You may have to pay medical costs, even if only for a check-up after the accident. You may have to take time off from work for several days, or even a single day, which results in lost wages. An accident can also affect the quality of your life and may have a significant impact on your family relationships. You and your family members may experience trauma and ongoing mental health issues related to the accident.
When everything is taken into consideration, you may begin to realize that the claim is entirely worth your time and attention. Whether it was a major or minor accident, personal injury compensation can help you pay for the economic and emotional costs of the accident. You can stop wondering if it is worth your time or not. Compensation can help you cover damages for medical expenses, lost income, pain and emotional suffering. Having a New Jersey Personal Injury Lawyer to advocate on your behalf can greatly help.
Who Is Liable For Your Slip and Fall Accident in New Jersey?
The property owner, agent, or manager are the usual parties that may be held responsible for premises liability accidents like slip and falls. You can file an injury claim against the responsible party’s insurance or file a lawsuit. The process of filing a claim can be tricky, and you may not understand what you should do or when you should do it. If you have been harmed due to somebody else’s negligence, you deserve to be fairly compensated for any expenses related to the incident.
You may have to negotiate with an insurance agency to get the appropriate settlement. The insurance agency representing the other client will likely try to reduce the amount of compensation owed to you or deny coverage completely. A New Jersey slip and fall accident lawyer will help you pursue the claim and negotiate with the insurance company on your behalf. They can explain your options and what you can do.
The insurance company may try to apply the following factors to your case to reduce the overall claim:
- Assumption of risk (voluntary exposure to a known danger)
- Under the influence of alcohol or another substance
- Distractions such as mobile phones, cameras, headphones, etc.
- Inappropriate footwear
They may try to look at the facts of your case to see if any of the above factors apply. If they do, the insurance company may try to reduce or deny your claim. They will state that you were responsible for the slip and fall and that the property owner is, therefore not responsible. When a person has suffered an injury at the workplace, they may alternatively apply for workers’ compensation with the help of legal counsel.
How To Get Settlement Money in a Slip and Fall Accident Case
Liability insurance covers business and commercial properties, whereas homeowner’s insurance covers liability for residential accidents. An individual who rents their dwelling should have a separate renter’s insurance policy. Regardless, you must deal with the property owner’s insurance company. Dealing with the property owner’s insurance company is not an easy, one-step process.
It can take several months or longer to obtain a fair settlement depending on the circumstances of your accident. Most personal injury claims are settled outside of court without proceeding to litigation. If unsatisfied with the negotiation settlement, you may file a lawsuit against the property owner. You can file a lawsuit against any party responsible for the accident. Seeking legal help from a reputable attorney can benefit you immensely.
Slip and fall accidents occur in an endless variety of settings. People may fall in the shopping mall, parking garages, restaurants, stairways, residential kitchens, government buildings, and many other locations.
Contact experienced New Jersey slip and fall lawyers to handle their legal matters with the utmost care and professionalism. Our lawyers can help you prove that the property owner was negligent and liable for your damages.