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A slip or trip can happen in an instant. The injuries from the fall can change your life forever.
If you are among the tens of thousands of people who sustain injuries in a fall each year in Newark and across NJ, you have seen firsthand how devastating these injuries can be. The pain, the physical limitations, and the financial consequences won’t go away on their own. But that doesn’t mean you’re helpless.
A Newark slip and fall lawyer can stand up for your legal rights and fight for every dollar you deserve, so you can overcome every financial barrier to getting better. It costs you nothing to find out your legal options and nothing upfront to move forward with a slip and fall case.
Ready to get help? Call (862) 300-4566 today for a free consultation with our Newark slip and fall law firm.
Slip and fall accidents are surprisingly complex legal matters. What you do – or don’t do – after a fall can affect the success of your personal injury claim.
This isn’t fair that a single mistake, made at a time when you’re in pain and shock, can slash your slip and fall compensation. But the property owner and their insurance company won’t hesitate to use a simple mistake against you if it means they have to pay out less money.
That’s why it’s crucial that you take the right steps at the right time following a slip and fall injury. Take these actions right away. If you missed any of these steps, immediately contact a Newark slip and fall attorney to help get your insurance claim on the right track before any further damage is done.
If you’re on a business property, a property owned by an organization, or public or government property, immediately notify a worker that you fell. Ask them to complete an incident report, but don’t sign the document, and request a copy for your records.
If the slip and fall occurred at a private residence, alert the property owner. If you slipped and fell at an unattended public property, like a park where there was no worker on-site, you can report the fall-down accident to the police.
Take photos of the condition that caused you to trip and note down the precise date, time, and location of the accident. If anyone witnessed your fall, ask them for their name, contact information, and a statement of what they saw.
The injuries you sustain in a slip and fall accident can be life-changing and need to be addressed promptly.
If your injuries are serious, don’t be afraid to call an ambulance to take you to a nearby hospital. Otherwise, call your primary care doctor or go to an urgent care facility to get checked out as soon as possible.
When slip and fall victims try to handle a claim on their own, they’re leaving money on the table. It’s always in your best interest to have an attorney protecting your rights and fighting to get you the full slip and fall settlement you deserve.
Don’t worry about contacting a lawyer too soon. It’s never too early to secure legal representation for a fall accident, and having this safety net in place from the start costs you nothing upfront.
Your slip and fall claim can’t move forward until the defendant’s insurance company is aware of the accident. But every word you say directly to an insurance adjuster is a statement that could potentially be twisted and taken out of context to undermine your claim.
Instead of putting your case at risk, let us do the talking with the defendant’s insurer. It saves you the hassle and protects your legal matter — and it’s a service we provide as a courtesy to our clients, at no extra cost.
In Newark and across the Garden State, slip and fall accidents – along with trip and fall accidents, step and fall accidents, and stump and fall accidents – happen more commonly than you might think.
Falls killed 37,455 Americans in 2018 and left another 8,173,139 people in the United States with nonfatal injuries, the National Safety Council reported. That averages out to over 100 deaths per day from fall-down accidents and more than 15 injuries per minute.
Statistically, falls are the leading cause of preventable nonfatal injuries, making up 32 percent of these injuries, and the third leading cause of preventable injury-related death.
In NJ alone, falls accounted for 527 deaths in 2017, according to the New Jersey State Health Assessment Data. Slip and fall injuries are particularly devastating among older adults in New Jersey, accounting for 17,499 hospital admissions, 77,545 hospital visits, and a collective cost of $1,865,886,305 in 2017, the National Council on Aging reported.
Anywhere a property owner fails to fulfill his or her duty of care to protect visitors could become the scene of serious injuries.
Slip and fall accidents in Newark can happen in:
In Newark, some examples of places where slip and fall accidents occur include:
Grocery stores, such as:
Getting medical care as soon as possible is critical after a slip or trip and fall accident in Newark. Fortunately, the city of Newark is home to numerous hospitals, urgent care facilities, and medical offices.
Our Newark slip and fall lawyers regularly assist accident victims who sought treatment at the following hospitals:
When slip and falls lead to serious injuries, they can also bring about personal injury lawsuits. A personal injury case typically starts as an insurance claim but may later turn into litigation, or a lawsuit.
Every slip and fall matter is unique, involving:
To fully understand what your case may look like, you need to consult with experienced slip and fall accident lawyers in Newark, NJ (this shouldn’t cost you anything).
Here’s what you need to know about the basics of pursuing a claim.
The two primary elements that determine whether or not you have the grounds for a slip and fall lawsuit are:
Negligence means not acting with reasonable caution, or avoiding a “duty of care” that the person or organization owes to others. Generally, it is a property owner’s, manager’s, or business user’s legal responsibility to prevent slip and fall accidents to the best of their ability by maintaining the premises in safe condition.
Depending on the circumstances, this responsibility may include:
Of course, there are limits to the duty of care a property owner owes you. Generally, for a company or individual to be found negligent in maintaining the property and liable for your slip and fall injuries, you must be:
In any of these instances, the property owner owes you a duty of care.
You typically do not have the grounds for a slip and fall case if you were a trespasser, or someone using the property illegally or without permission.
Liability for your Newark slip and fall accident may fall on any of the following parties:
Just because you name an individual, organization, or company in your lawsuit doesn’t mean that you are seeking compensation from them directly.
Instead, you’re typically pursuing benefits from a homeowners, renters, or business insurance policy.
The fact that insurance, not the individual or the company, is good news if your slip and fall occurred at a friend or family member’s home or at the site of a favorite small business.
It means that you can still get the money you deserve – the money you need to get better – without causing harm to the individual or the company.
You’re not taking money from your friend’s life’s savings. Your insurance claim won’t put your favorite mom-and-pop shop out of business. You’re simply using the benefits the property owner has already paid to have, for the purpose intended.
And, by using these benefits, you’re able to afford the care you need to get better – which your friend or family member wants you to do.
Slip and fall victims and their families can seek many different types of damages in a legal claim, such as:
Newark slip and fall injuries can have lifelong impacts. Common fall injuries include:
These injuries can be serious, even catastrophic, and they can affect your life in major ways.
Although improvement is often possible, the treatment you need for maximum rehabilitation is expensive – and that’s just the start of the many ways, financial and otherwise, a slip and fall can impact your life.
How do slip and falls happen? Some of the various property defects and hazards that can lead to a slip and fall accident include:
Any of these hazards could potentially constitute negligence, making you eligible to sue for a slip and fall injury.
In most situations, our Newark slip and fall attorneys will try to work out a settlement during pretrial negotiations. Settlements are faster than premises liability trials, and because they are less expensive, you get to keep more of your money. A settlement may be reached before filing a lawsuit or after commencing litigation.
If the insurance company refuses to offer a reasonable settlement, your lawyer can take your case to court.
But If you think getting the money you deserve for a slip and fall injury is going to be easy, you could be in for an unpleasant surprise.
In reality, slip and fall accidents are notoriously difficult cases to win.
Hiring an experienced Newark personal injury lawyer can give you peace of mind during the premises liability claims process. While your lawyer handles complicated legal matters on your behalf, you can focus on recovering from your slip and fall injuries.
Even better, research shows that lawyers get their clients 3.5 times more money than claimants without legal representation get for themselves. And, with no-win, no-fee representation and a free consultation, you can get professional representation at no upfront cost.
Should you hire an attorney? Only if you want to get the most money for your claim and avoid the hassle of fighting a legal battle on your own.
When you become our client, we become your advocates, dedicated to helping you get your life back on track. If you have questions about anything related to your accident – from the legal matter to your access to medical care – we’re here to help.
Hiring an attorney from the beginning of your slip and fall claim can improve your chances of success. Your lawyer can work to build a strong and valid claim to damages, then go up against the defendant’s insurance company on your behalf.
Start your case in Newark, New Jersey with a free consultation with an attorney at Console & Associates.
Contact us online or call (862) 229-1137 today. We make it easy to get the no-win, no-fee legal help you need for a slip and fall, with a secure remote signup option as well as a local office conveniently located at 494 Broad Street #208B, Newark, NJ 07102.
In New Jersey, you generally have two years from the date of your slip and fall accident to file a lawsuit. However, there are exceptions. Under a New Jersey regulation known as Title 59, claims against government defendants must be filed within 90 days.
The sooner you get a slip and fall Newark attorney involved in your claim, the better. Contacting a lawyer early on can preserve evidence that would otherwise be lost and remove the burden of dealing with the insurance company from your shoulders – because you have enough to deal with right now.
If the insurance company is putting the blame for the slip and fall accident on you, it’s definitely time to speak to an attorney.
Just because the insurance company says you’re at fault doesn’t mean it’s true. The insurance company wants to pay out as little as possible, so the company benefits from tricking you into giving up on your claim. Let an attorney review your case for free and determine who is really at fault.
Even if you are partially at fault, that doesn’t necessarily mean you can’t sue. Under New Jersey’s Comparative Negligence law, you can still sue as long as you were not more than 50 percent at fault for the accident. Your settlement or award will be reduced by the percentage you are at fault – but that’s still far better than getting nothing.
You won’t know if you have the grounds for a claim or not until you discuss the details of your case with an experienced Newark slip and fall lawyer.
“Very friendly and helpful throughout the whole process. My experience was great. I was kept informed and updated on everything about my case.” – A. Rodriguez / Client