New Jersey Slip and Fall Attorneys
How Can I Prove What Caused Me to Fall?
Photos, photos, and more photos. After your fall, you probably suffered a bad injury and were focused on getting better. You must remember that the person or business that caused the fall might be out there fixing the problem. That is a good thing for other people but might cause a problem explaining exactly how the fall happened. If you cannot go, ask a friend to go and take photographs and video of the area where the fall happened. It is also a good idea to get a New Jersey slip and fall lawyer involved ASAP. Your lawyer can send an expert or investigator to the location to take photos and measurements. If you contact a lawyer, the lawyer can send a letter warning the responsible party to keep any video of the fall.
What If I Don’t Remember What Caused The Fall?
When you hurt yourself in a slip and fall or trip and fall, you are not thinking about a lawsuit. You are in shock and in pain. Sometimes, you are not certain what caused you to slip or trip. If there is video of the fall, it might show how you fell, but it might not show the wet floor. It is important to remember the small details. For example, if your clothes are wet while you are on the floor, you know that a wet floor caused you to fall. This can often happen in the self service area where there are a lot of people who are handling a lot of items.
Who Do I Sue?
You will sue the parties that are responsible for the defect that caused your fall. For example, if you fell in front of a store with black ice on the sidewalk, you might need to sue the business in the store, the landlord owner, and the contractor who was supposed to clear it.
When the defendant is a business, there is usually $1 million in insurance coverage.
Can I Sue My Landlord?
Yes, if your landlord is responsible for your slip and fall or trip and fall, you can sue the landlord. Your landlord owes you a duty to keep the building in a reasonably safe condition. If a guest is injured by the landlord’s negligence, the guest can sue the landlord.
Can I Sue A Friend After Falling On His/Her Property?
Yes, but it is not always easy. If you were injured while visiting your friend’s house, the court will let you file a lawsuit. However, the Court will only expect your friend to warn you of conditions your friend knows or should know might injure you. Your friend doesn’t have to take every precaution to stop you from falling.
Can I Get A Video Of My Fall From the Store/Business?
Most big box stores have many cameras. Some of those cameras might have video of your fall. To protect your rights, you should hire a New Jersey slip and fall attorney quickly so that the lawyer can put the store on notice to preserve the video footage. In New Jersey, the store does not have to give you the video of the fall until the lawsuit starts.
The Most Common Causes of Slip and Fall Injuries in New Jersey
- Clutter and uncovered cables
- Cracked sidewalks
- Dangerous stairs and steps
- Defective lighting and darkness
- Failure to warn, repair, and maintain
- Frozen temperatures
- Ice, black ice, snow, and failure to spread ice melt
- Liquid on floors or slippery floors
- Loose floorboards, rugs, and mats
- Missing handrails or grab bars
- Negligent construction/design
- Reflection from sunlight
- Tree roots
- Tripping and slipping hazards
- Uneven ramps, steps, and differences in height
Most Common Injuries Suffered After A Slip and Fall Accident
- Broken or fractured bones in the: arm, hand, wrist, foot, hip, and pelvis
- Brain hemorrhaging or traumatic brain injuries
- Herniated discs
- Impaired walking
- Soft tissue damage
- Torn ligaments and tendons
What Does the ADA (Americans with Disabilities Act) Have to Do with My Lawsuit?
The Americans with Disabilities Act (ADA) states that a change in the height of a sidewalk should be no more than ¼ inch. If the difference in height is between ¼ inch and ½ inch, it needs to be safely beveled. If the change in height it more than ½ inch, there should be a ramp. If it does not follow those requirements, it is a tripping hazard.
The ADA sets out standards to make stores safer for the public. For example, the ADA standards state that surfaces accessible to the public must be slip resistant. Your case might need an expert who will examine the surface and give an opinion about whether the surface violated the ADA and caused your fall.
How Much Time do I Have to Sue?
Generally, in New Jersey, your trip and fall lawsuit or slip and fall lawsuit must be filed within two (2) years of the accident. If the fall was caused by a municipality, call a lawyer immediately. The municipality must be served with a Notice of Claim within 90 days. If the 90 days have gone, contact a lawyer to see if they can file a request to serve a late Notice of Claim.
How Long Does A Slip and Fall Lawsuit Take?
Slip and Fall lawsuits and Trip and Fall lawsuits are usually resolved within two (2) years from the time of filing.
These are the steps in a typical fall lawsuit:
A Complaint is filed >> That complaint is then served to defendant >> The defendant’s lawyer files an answer to the complaint >> Both sides then provide answers to questions >> Depositions of both sides >> A medical examination is performed by the doctor hired for the defendant’s insurance company >> Both sides give expert reports >> Non-binding arbitration at the court >> Settlement conference with the Judge >> The Trial
How Do New Jersey Slip and Fall Attorneys get paid?
When you retain our New Jersey slip and fall attorneys for a lawsuit, you do not pay us unless you recover money. We accept slip and fall cases on a contingency basis and trip and fall cases on a contingency basis.
Contact Our Experienced New Jersey Slip and Fall Attorneys
At Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, our team of New Jersey personal injury attorneys are experienced, dedicated, and committed to help those going through very difficult times. Contact us today at 201-488-1161 for a free legal consultation.
If we decide to pursue your case, we will commit ourselves to getting you justice through maximum financial compensation.