A slip and fall accident can be a scary experience. One minute, you are going about your day, and the next, you slip and fall before ever noticing the spill on the floor. Now, you’re in pain, you require medical care, and all your plans for the day are gone. Even worse, you are not only left to deal with an injury that can affect your weekend plans, but also your ability to earn an income.
How To File A Slip And Fall Claim
If you slipped and fell on someone else’s property, you may have legal rights available for compensation. This compensation can help you pay for your medical bills or lost wages.
Filing a personal injury claim in New Jersey requires that you demonstrate the following:
- Duty of Care: The responsible person must have a duty of care for your safety and wellbeing. If you slipped and fell in a shop or at the beach, these public places do have a duty of care for your safety.
- Breach of Duty: We must also demonstrate that the responsible person breached that duty of care. This is usually through negligence, like failing to fix a floorboard or not putting a wet floor sign out after mopping floors.
- Causation: We must also prove that the person’s negligence caused your injury. This could be a property owner failing to make necessary repairs.
- Damages: In order to file a personal injury case, we must also demonstrate that there are actual damages that can be compensated. This is your medical bills or other related costs.
Working with a personal injury lawyer is a good way to collect the information you need to prove each of these important elements.
Important Things To Keep In Mind In A Slip And Fall Case
If you plan on filing a slip and fall case in New Jersey, there are a few important things to keep in mind:
Statute of Limitations
New Jersey has time limits, or statute of limitations, on filing a personal injury lawsuit. For a slip and fall case, this is usually two years. This means that even if you have ample evidence that your injuries were due to their negligence, a court would likely dismiss the case beyond that timeline.
This means that while it is important to focus on your recovery, if you want to pursue compensation, you should begin the process as soon as possible.
Comparative Negligence
It is also important to consider the comparative negligence laws of New Jersey. This means that if the other party can demonstrate that you were partially at fault, then your compensation may be reduced. For this reason, it is important to collect as much evidence as possible that demonstrates the other person’s fault.
If you decide to work with a personal injury lawyer on your case, then it is important to reach out to them as soon as possible. They will need time to gather the necessary evidence to demonstrate negligence. Additionally, it can take some time to calculate the value of your case, which is the financial amount that you need to deal with the slip and fall injury.
Contact An Upper Montclair Personal Injury Lawyer To Discuss Your Slip And Fall Case In New Jersey
Did you or a loved one sustain serious injuries due to a slip and fall in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Camili & Capo, PA represent clients injured because of a slip and fall in Little Falls, Upper Montclair, Paterson, Clifton, and throughout New Jersey. Call (973) 834-8457 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1 Lower Notch Road, Little Falls, New Jersey 07424.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
