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You’re in pain, unable to work, worrying what will happen if these injuries keep getting worse instead of better. You don’t know how or where to get the medical treatment you need, let alone how to handle all of the medical bills.
You’re confused by the complex laws that apply to your situation, and you are frustrated that the only reason you’re going through this is because a property owner was careless. This process doesn’t have to be complicated – not when you have us on your side.
Get your life back on track with the help of our New Jersey personal injury attorneys. We will get your questions answered and get you the help and compensation you deserve.
Of all the types of accidents out there, it seems that slip-and-fall injuries are among the most confusing. I often hear questions about whether a victim can sue, who they can sue, and how important the severity of injuries is to the value of the claim. You can sue for a slip-and-fall injury you suffered on a property, but you have to be able to show that the property owner or the company using the property was somehow at fault for the accident.
Slip-and-fall cases are a type of claim called “premises liability.” Essentially, the injured person is asserting that the owner or user of the premises is liable, or at fault, for the injuries sustained there. So if you slipped and fell in a store or parking lot, you will have to show that there was some sort of safety hazard that caused you to fall and that the property owner should have taken steps to protect the safety of others legally on the property, like you were. For example, my office recently recovered $400,000 for a badly injured slip-and-fall victim who fell on a puddle of spilled bleach at a Target store.
In this case, the store failed to put up signs or barriers to warn customers of the danger. If the staff had placed caution signs near the spill and the shopper had ignored the signs, she probably wouldn’t have much of a case. Photo Credit: Michael Pereckas, Wikimedia Commons (Creative Commons license).
Premises liability cases can be difficult because property owners and commercial users will often attempt to deny liability. They may blame the victim, making statements such as “he should have watched where he was going” or “if the danger was so obvious that we should have known about it, then the shopper should have known to avoid it.” If all else fails, the defendant may try to argue that the victim wasn’t really hurt. This kind of behavior is unfair, and to victims struggling with physical pain and financial consequences, it can be incredibly frustrating. To truly succeed in a slip-and-fall case, you will need an attorney.
Questions about slip-and-falls frequently look like fill-in-the-blanks. “Can I sue ___________?” People ask about casinos, schools, stores, parking lots, and restaurants.
Depending on the circumstances of the accident, victims could – at least in theory – sue any of these entities for a slip-and-fall if they can prove premises liability. However, the procedure may be different depending on who the defendant is in your case. In a typical claim, victims have two years to file a lawsuit, but against certain entities – like government agencies and schools – there might be additional deadlines, some as short as 90 days, by which the defendant must be notified of a claim.
You can sue for a slip-and-fall, but your success in doing so depends on a couple of factors you can’t control – the severity of injuries and the evidence of liability on the part of the defendant – and one factor you can control: hiring an attorney. An attorney can make a huge difference in how much money you get and even whether or not you recover compensation at all. The right lawyer for your claim will understand how your injuries impact your life and will work diligently to gather all of the necessary evidence to show that the defendant acted negligently and caused the accident. You can get the money you deserve, but you can’t do it alone.
The term slip and fall has found its way into public consciousness, but what does it actually mean?
The definition of a slip and fall seems simple, at least on the surface. It’s an instance where you slipped and then fell to the ground. In some cases, you might have tripped over something rather than slipped on it.
When you’re looking at a legal claim, though, the meaning of a slip and fall gets a bit more complex. Simply falling doesn’t entitle you to pursue a slip and fall claim. There are certain elements you need to have a claim.
Here are some guidelines for making a slip and fall claim:
Your injuries are only one part of your slip and fall damages. We’ll also seek compensation for things like lost wages if you can’t work while injured, the pain and suffering you experience throughout this ordeal, and other losses you experienced.
Who is at fault for your fall? Determine and proving fault is one of the most challenging elements of a slip and fall claim.
In New Jersey, property owners have a legal obligation to prevent slip and falls by keeping the environment free of safety hazards. So, slip and fall liability – that is, legal fault – falls on the person who owns or is responsible for maintaining the property where the accident occurred. In legal terminology, slip and fall cases fall under a category called premises liability.
Slip and fall claims revolve around proving negligence – in other words, that the person who owns or maintains the property failed to exercise reasonable caution. On public property, commercial premises, and residences where you are invited, the person who owns or maintains the space must keep it safe for you to use.
You had every right to expect a safe environment when you entered a store or visited someone’s home. But the property owner let you down. This person or company let a safety hazard on the premises put your health at risk. The injuries you suffered are a direct result of that failure.
If you have tried to handle this case on your own so far, you have probably seen firsthand how far a defendant will go to deny fault for a slip and fall. The property owner’s insurance company might have told you that someone else is responsible, or even that the accident was your own fault.
As frustrating as this is, it’s not unusual in a slip and fall claim. Often, insurers will only take a case seriously when you have respected slip and fall injury lawyers on your side – and when those attorneys make it clear that they’re not backing down.
Think of a slip and fall personal injury claim as a demand for the money to reimburse you for what you have gone through as a result of your injuries.
Determining the value of a slip and fall claim is more complicated than you might think. So many factors affect the amount of compensation you deserve – and even the amount of coverage available.
When you pursue a slip and fall claim, you’re naming the individual or company that hurt you in the claim, but you’re actually seeking money from an insurance company. The coverage limits on the policy can affect how much money is available for a slip and fall claim in the first place.
How severe your injuries were is one major factor. If those injuries required a lot of medical intervention – like surgery, for example – then your case will likely be worth more than injuries that can be treated with more conservative methods.
How your injury affects your life can also play a role in the amount of compensation you receive. An injury that changes your life drastically and permanently or keeps you out of work for a long time will be worth much more than one that causes occasional pain but doesn’t disrupt your daily routine.
So, how much can you expect your slip and fall payout to be?
Without knowing the details of your situation, no attorney can tell you how much money to expect for your slip and fall case. What we can tell you is that at Console & Associates P.C., we’ll fight to get you the most money possible for your claim. Over the years, we’ve helped thousands of clients get the compensation they deserve. Our New Jersey slip and fall lawyers have won numerous six-figure settlements for people injured in slip and falls. The compensation we got for our clients has helped them get the care they need, make the most of their recovery, and move forward with their lives. And we’ll do everything in our power to make the same difference in your life.
Talk to a slip and fall lawyer today to learn more.
Not as long as you think. You see, in the legal industry, there are important deadlines called “statutes of limitations” that apply to cases like yours. Miss these deadlines, and you’ll lose your legal rights to pursue any kind of claim at all – ever. You won’t get the money you deserve. You won’t have the chance to hold the property owner accountable.
The statute of limitations for a slip and fall claim is just two years. But that’s not two years to find an attorney, or two years to see a doctor. By the time that deadline passes, you must have:
The good news is that most of these tasks aren’t your responsibility – not once you have a slip and fall personal injury lawyer to represent you.
But too many victims don’t give themselves enough time to get the process started. If you wait until those two years are almost up, you’ll have a hard time finding a first-rate slip and fall attorney willing to take your case. That’s because experienced personal injury lawyers know that it takes time to prepare your claim for success – time they don’t have if your case is too near the statute of limitations.
At Console & Associates P.C., we always urge slip and fall victims to get a lawyer involved from the start. When your injuries take months to heal, it’s too easy to lose track of time and put off calling a lawyer until it’s too late.
Warning: Though the general statute of limitations for slip and fall claims is two years, there are exceptions – some of which can shorten the deadlines to just a few months. Until you discuss the details of your case with a lawyer, you’ll never know if the deadlines for your case are shorter than the two-year statute.
Slip and fall injuries are expensive. A trip to the ER alone can cost you thousands of dollars and rehabilitation isn’t cheap. But medical bills only tell part of the story.
As you recover, you won’t be able to work as much, if you’re able to work at all. For the most serious injuries, you might never be able to return to work.
When you let us file your claim, we look at:
When you call us, an experienced attorney will ask you about your accident. They’ll listen to your story and let you know what we think the party responsible for your injuries might owe. If you let us represent you, we’ll make sure they pay it. We’ve helped our clients recover millions of dollars.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.
Most safety hazards that cause slip and falls are a lot less obvious than the cliché banana peel – that’s why people get hurt even when they’re not doing anything wrong.
The kinds of safety hazards that cause slip and falls vary, but they often fall into one of a few basic categories.
Ice & Snow
Slip and falls on ice or snow, including nearly invisible black ice, are very common in New Jersey. They’re also very serious. If you want to pursue a lawsuit involving a slip and fall on ice, you’ll need an attorney with experience handling these claims specifically. These cases aren’t easy, but that hasn’t stopped our lawyers from successfully resolving claims for victims of slip and fall accidents involving ice. Of course, snow and ice aren’t the only weather conditions that can cause safety hazards.
Rain, too, can create slippery walking surfaces if property owners don’t take precautions. Even seemingly harmless objects, like scattered leaves, can cause dangerously slippery conditions when they get wet.
New Jersey has many locations with uneven pavement. You might be surprised just how many slip and falls result from uneven pavement. Most of us aren’t staring down at the ground when we walk – and we shouldn’t be. You expect the surface you’re walking on to be even. But broken curbs, cracked sidewalks, loose paving stones, and deep potholes pose dangers that you never see coming.
Retail stores are particularly dangerous for slip & fall accidents. The busy aisles and stacks of fragile merchandise mean a tripping hazard could be around any corner. It shouldn’t be a surprise then that every year many Americans get injured while shopping.
Retail locations have a higher responsibility for your safety than homeowners traditionally do. You are their customer, on their property to give them your money. Because of this, the standards for liability are much stricter for retail locations.
Learn more about how we can help you with your retail slip & fall claim.
Even if you feel like you were partially responsible for the fall, under New Jersey law, you might still be eligible for compensation. This is a legal term known as “comparative fault.” As long as you are not the main cause of your injury, you can have a successful claim.
Where do slip and falls happen? They can occur anywhere a safety hazard is left to put people who visit the environment at risk. But there are certain places where these accidents seem to happen more often than others – and places where a claim is more likely to be successful.
The most important thing you must do after a slip and fall is to see a doctor. But nearly as important is protecting your legal rights by hiring a New Jersey slip and fall lawyer.
Once you have a doctor to treat you and a New Jersey slip and fall lawyer to handle your case, this will all get easier. From then on, your most important job is simply to work toward recovery.
Let us handle everything else.
Whether your injury occurred indoors or out, whether it happened at a private residence or on a commercial property, it’s essential that you recover every penny of compensation you deserve.
The only way to really be sure that you’re not leaving money on the table – money your family needs to get through this difficult time – is by choosing New Jersey slip and fall lawyers with experience handling these types of claims, who know how serious your injuries are and are willing to fight for you.
With 20 years of experience and a well-deserved reputation throughout New Jersey for putting our clients first, Console and Associates has every credential you could want in a personal injury law firm. We believe in helping people when they need it most, so you can count on us to be there for your family every step of the way.
At Console and Associates, our lawyers have more than 25 years of experience handling New Jersey slip and fall claims. When you let us file your claim on your behalf, we do more than just get you the compensation you deserve. We do everything we can to help you recover. Your well-being is always our top priority.
If you or a loved one were seriously injured in a slip and fall accident, call us. We’ll listen to your story and then discuss how we can help. We help our clients put their lives back together. Let us help you.
When you woke up on the day of your accident, you didn’t plan to get injured. You had a plan of what you wanted to do, and your injury stopped you. The last thing you want to do is spend months of your life dealing with the accident claim. You want to move on with your life.
But what if you can’t move on? Slip and fall injuries can lead to serious long-term issues and chronic pain. You have medical bills to deal with, and a recovery that can take years. It might be months until you return to work, if you do at all.
You didn’t ask for this.
You didn’t cause your injury. So why should you be the one who’s forced to handle it alone? It’s not right, and when you let us handle your claim you won’t have to go it alone.
If you were seriously injured by your slip and fall, you could receive compensation. New Jersey law is clear: If a property owner’s negligence caused your injury, they are responsible for it.