Almost everyone has slipped and fallen at some point in their lives, but some falls are more serious than others. Many falls result in injuries and trips to the emergency room, and some can even be life-threatening, particularly if someone falls from a great height and hits their head. Mitigating the risk of falling is especially important for senior citizens, who may suffer more serious injuries in a fall accident.
After falling, you may be left with overwhelming medical bills. Depending on the extent and type of your injuries, physical therapy may be required to help you recover, which can add significant costs as well. If your fall occurred due to someone else’s negligence, a New Jersey slip and fall lawyer may be able to help you recover some or all of these costs and hold the responsible party accountable in a personal injury lawsuit.
Slip and Fall Accidents in New Jersey
Many slip and fall accidents necessitate a trip to the emergency room, as falls commonly result in broken bones, sprains, head injuries, paralysis, and more. In fact, most slip and fall accidents involve individuals ages 65 and older. In the year 2020, there were approximately 500 deaths due to falls in New Jersey’s 65+ population, making falls the leading cause of death resulting from injury among seniors.
Falls cause half of all traumatic brain injuries. Head injuries can severely impact an individual’s quality of life, with the potential for memory loss and long-term motor, cognitive, and emotional difficulties. Because of the way the human brain ages, the chance of full recovery after a traumatic brain injury decreases as time passes. Shulman & Hill recognizes how serious a traumatic brain injury due to a fall can be, and we want to help you get the justice and compensation you deserve after a trip and fall accident.
What Responsibility do Companies’ Have to Prevent Falls?
Preventing slip and fall accidents is about more than just being careful and watching your step. When you walk into a store, you may spot a “Wet Floor” sign near a spill or a recently-mopped area. These signs are not only considerate, they are also required. Stores and businesses in New Jersey have a responsibility to remedy slip and fall hazards in a timely manner, or warn customers and staff about hazards which cannot be remedied in a timely manner, in order to prevent foreseeable injuries.
A business may be liable for a slip and fall incident if they have not taken reasonable action to remedy or warn customers of a known hazard which results in otherwise avoidable injuries. If there is a Wet Floor sign but a customer does not notice it and slips, the business would likely not be considered liable for their damages. However, if the business does not post an obvious warning or clean the spill in a timely manner, they may be held civilly liable for failing to take reasonable measures to keep people safe.
When to Pursue a Slip and Fall Lawsuit
After a fall, your primary concern should be getting yourself checked out by a medical professional. Once you are evaluated and treated, your mind may turn to the medical bills, physical therapy, and other expenses resulting from the trip and fall accident. Shulman & Hill’s lawyers in New Jersey may be able to help you recover the compensation you deserve by filing a strong slip and fall claim.
Your ability to file a lawsuit often depends on many factors, such as where the fall occurred, whether the property owner or manager knew of the dangerous condition that caused the fall, and what damages you suffered as a result thereof.
- Where did you fall? However, if you fall in a public or privately owned place, consider how the fall happened. If you slipped on an unmarked hazard and there was no one there to warn visitors and/or patrons of the danger, you might have a valid claim for trip and fall injuries based on the establishment’s negligence.
- Was the property owner or manager aware of the hazard? Proving negligence means you must show that the property owner or potentially responsible party knew or should have known about the hazard and failed to take reasonable measures to prevent a foreseeable falling accident. Witnesses can help strengthen this part of your case – for example, someone may have heard the manager telling an employee to get paper towels and clean up a spill on the floor, but no sign or warning was posted for customers.
- What damages have you suffered as a result? Slip and fall accident lawsuits are considered personal injury claims, which means you are able to sue for a variety of damages. A lawyer can help determine what damages you suffered as a result of the fall. This could include medical bills, lost wages, pain and suffering, and even loss of financial support if your loved one passes away due to injuries suffered in the fall.
What Evidence Do I Need to File a Slip and Fall Accident?
Evidence is a key component of any legal case, but what evidence do you need after falling in New Jersey? You might not know where to start, so it is advisable to enlist the help of a NJ lawyer who knows what evidence to look for, how to obtain it, and how to use it to strengthen a slip and fall claim. First, if anyone witnessed your fall, an attorney can help secure a statement from them. Should you decide to pursue a lawsuit, their statement may help corroborate your version of events. One of our team members may also collect any surveillance camera footage of the incident, if available, before it is deleted.
Medical records are also an important piece of evidence in slip and fall injury cases. If you have injuries that have been checked out by a medical professional and are consistent with a fall, it becomes harder for the responsible party to deny that the fall happened the way you say it did. Let a local lawyer help you gather evidence to improve your chances of success in a New Jersey trip and fall lawsuit.
Call a New Jersey Slip and Fall Attorney Today
Having the right New Jersey slip and fall lawyer on your side can make a substantial difference in your ability to recover your losses after a trip and fall accident caused by negligence. Let our attorneys help you obtain compensation for medical costs, pain and suffering, and lost wages. Shulman & Hill is ready to fight for what you deserve. Contact us today to set up a free case consultation.