Slip and Fall Accidents are happening much more often than most people realize, at about 1 million per year, and they can lead to substantial injuries. In New Jersey, these accidents come with layers of legal requirements and sophistication. There are appropriate steps you want to make sure you are taking after sustaining an injury due to a slip and fall that will make protecting your rights and health much easier during the legal process of seeking compensation for a slip and fall accident.
Comprehensive Post-Fall Steps to Protect Your Legal Rights and Strengthen Your Case
Medical Assessment is a Must
Literally, right after the accident, you need to obviously prioritize your well-being. Move yourself to a safe location to avoid any further injuries and harm. Begin, if possible, to assess yourself for minor or major injuries. Even in instances where you think to yourself, “Eh, I am fine, I’ll just head home,” please don’t. Always follow through with appropriate medical care protocols for a slip and fall. Some injuries aren’t as obvious as others, and others are just not as readily apparent. It could be instantaneous that you notice an injury, or it can take hours or even days for the injury to fully manifest itself and send pain signals. A thorough medical evaluation will not only ensure your health is put first but also start a paper trail of evidence or documentation of your injuries. These types of records are just part of the evidence a slip and fall case requires, and they are vital for the legal claim you may choose to bring forward.
Report, Report, Report!
It’s also equally important to report the accident. Notify the property owners, manager, or the person in charge, and ask them for a copy of the incident report (one should be created). Documenting the accident in detail will only help your case if you need to or decide to pursue compensation.
Capture Substantiating Information at the Scene
Gathering evidence at the scene of the accident is another essential step. Take photographs and videos of not just injuries but the scene, making sure to capture details and contributing factors like a wet floor, uneven pavement, or subpar lighting that could or have contributed to your fall. Preserve any evidence related to the incident, including clothing and shoes you had on during the incident, because, believe it or not, even your sneakers and hoodie or raincoat could play a role in proving liability.
Assemble Your Evidence Portfolio through Proper Documentation
Medical documentation is one of the most critical components of your slip-and-fall claim, as it really frames the case and opens the door to compensation. Therefore, keeping detailed medical records of your injuries and treatments must be made a priority so you and your attorney can illustrate the extent of your injuries and how they are a result of the accident. Legal documentation has an equivalent value in a slip-and-fall case. Incident reports, witnesses and witness statements, and photographs of the scene. These pieces of evidence establish fault and liability and again demonstrate the extent of your injuries.
Be Aware of Your Limited Time to Act
If your accident occurred on government grounds or government-owned property, you must comply with some specific notice requirements under the New Jersey Tort Claims Act. A claim filed against a government entity will unfold differently. These types of claims require a little “hoop jumping,” like adherence to stringent deadlines. It’s best to act promptly and educate yourself on the differences in the procedure so you do not miss out on the compensation you are rightfully owed. Slip and fall claims not involving a governmental agency have two years to file a suit from the date of the accident.
Keep Your Case to Yourself on Social Media Channels
Avoid chatting up the accident or posting about what is happening on your social media account, as these posts can get twisted and misconstrued and ultimately used against you in legal disputes. Keep any discussions about the accident private and avoid putting info about it online, such as in social media posts. Even a post with the best intentions behind it, warning neighbors about hazards or letting your online friends know about the accident, can later get taken out of context and end up weakening your claim.
Do Not Apologize or Acknowledge Any Responsibility
After a slip and fall injury, the actions you take are going to impact how your claim works out, one way or another. For instance, you want to avoid making apologetic statements because they can imply fault or liability. Even a casual apology can be misinterpreted or misconstrued as an admission of responsibility. Stick to factual statements when discussing the incident with property owners or insurance reps.
Let Your Attorney do the Talking
It’s also smart to decline offers to make recorded statements from the insurance adjuster or representatives without first consulting with a personal injury attorney. These documents can actually be used against you later.
Know the Governing Law and What it Takes to be Successful
Premises liability laws exist to protect individuals even when injured on someone else’s property due to someone else’s actions or negligence. The legal codes hold property owners responsible for maintaining safe conditions for the property visitors. The duty of care means owners have to address hazards when they arise or provide adequate warnings concerning any potential dangers. If the owner fails to do so and someone gets hurt, then the property owners could be deemed negligent.
Establishing negligence in slip and fall cases means you are taking on proving several elements. The elements include demonstrating that the property owner in question owed you a duty of care. What is a duty of care, you ask? In simplest terms, the owner or landlord had knowledge of the hazard or possible threat, or they should have known, and either way, they did not take care of it. Thus, the party breached the duty of care, and this breach, in turn, caused the accident from which you suffered injuries. New Jersey also has another concept it relies on in premises liability accidents called “comparative negligence.” If you are found partially at fault for the accident, your compensation could be reduced by a certain percentage of the fault assigned to you. These and other legal principles will play a role in both building your case and the outcome of your case.
Five Decades of Legal Excellence at Your Service, From Negotiations to Litigation. Our Personal Injury Lawyers at Chamlin, Uliano & Walsh are Ready to Evaluate Your Slip and Fall Claim
Having a personal injury lawyer at Chamlin, Uliano, and Walsh in your corner can bring a level of sophistication and legal technique that makes a substantial difference in the outcome of your case. From the outset, our New Jersey slip and fall attorneys will evaluate the details of the accident, the property on which it occurred, the background of the property owned and its owner, the extent of your damages, and the strength of your claim. With over 5 decades of experience, our team calculates, demonstrates, and fights tirelessly to secure complete compensation for your injuries. We can assist in gathering and organizing evidence, including incident reports, photographs, and witness testimony, to build a compelling case.
After a slip and fall in New Jersey, negotiating with insurance companies can be an absolute pain, especially if you are incapacitated or still recovering. We take over this critical area and do not allow insurers and other representatives of negligent parties to minimize payments from the start. If a settlement cannot be agreed upon, then our lawyers will represent you during litigation.
Ultimately, you and your family will be relieved when you realize how intricate the legal system can be for a slip-and-fall claim and what it feels like to have an accomplished team of personal injury lawyers on your side. If you have been injured in a slip and fall accident in Middletown, Neptune, Freehold, Asbury Park, Marlboro, Millstone, Point Pleasant, Brick, Toms River, or anywhere else in Monmouth County, Ocean County, or Southern New Jersey, do not procrastinate on these serious and time-sensitive matters. Contact us today at 732-440-3950 for a free consultation with a seasoned New Jersey personal injury lawyer.