New Jersey Slip and Fall Lawyers
Property owners have a duty to keep their properties safe. But what if a loose railing is overlooked and you or a family member falls down the stairs? What if a visitor falls on the sidewalk leading to the building? Or what if a delivery person slips on the sidewalk?
Slip and fall accidents happen, but who is responsible for slip and fall injuries? New Jersey law has a number of very important distinctions with respect to liability attaching to whoever owns, controls, manages or leases property. And slip and fall lawyers at Garces, Grabler & LeBrocq know the answers
New Jersey’s Best Slip and Fall Lawyer
When it comes to slip and fall cases, we know the differences in the laws that apply to residential property owners and commercial property owners. And we know how to maximize your opportunity to be compensated if you’re the victim. Poorly maintained sidewalks, slippery floors, defective elevators, collapsed ceilings. When a property owner’s negligence allows for these dangerous conditions, they may be held legally responsible for the slip and fall injuries that result. A Garces, Grabler & LeBrocq slip and fall lawyer will put your case on the right path for a recovery. Our attorney will:
- Go to the scene, with you if possible, and establish precisely where and how the slip and fall occurred, and take photographs of the scene and any relevant factors
- Have a qualified engineer or other forensic expert inspect the scene, if applicable, as soon as possible
- Determine the correct identities of the owners, occupiers and controllers of the property or premises
- Determine the legal status of the property or premises
- Establish your legal status as someone on the property or premises
- Access whether there are available sources to provide coverage for your medical bills
- Determine which laws apply to your slip and fall cases and how to best utilize them to make a recovery for you
Determine which laws apply to your slip and fall cases and how to best utilize them to make a recovery for you. Don’t fall victim to your slip and fall injuries. Speak with an experienced slip and fall lawyer at Garces, Grabler & LeBrocq immediately at 800.923.3456 or contact us online to talk about your options.
What are common causes of slip and falls?
Every year there are millions of people who are injured or even hospitalized in slip and fall accidents throughout the country. The results of these injuries can range from small bumps/bruises to more serious conditions like broken bones or brain injuries. In these more serious cases, a slip and fall accident might even be fatal. Listed below are some of the most common causes of slip and fall injuries.
Wet and uneven floors or surfaces are the most common source of slip and fall accidents accounting for nearly 60 percent of the slip and fall cases in the US. Wet or uneven floors can make walking a dangerous proposition and lead to serious injuries in the following circumstances:
1. Defective sidewalks that were either installed incorrectly or allowed through neglect to leave lips that may catch your foot while walking.
2. Loose floorboards may break and allow someone to fall through them or be stepped on and shifted, leading to a serious fall.
3. Potholes in a parking lot or roadway can lead to injuries that could be easily avoided if it weren’t for negligence and lack of repair.
4. Cluttered floors can be serious tripping hazards especially in the workplace where people are not focusing on where they are walking.
5. Floors that have been waxed or mopped recently leading to a slick walking surface that may cause injury.
All these occurrences are all too common whether it is in a residential home or the workplace. All these factors can be easily fixed with regularly scheduled maintenance and owners that keep their property in good shape for both their good as well as the good of others.
Another common cause of slip and fall accidents is inclement weather conditions such as icy, slick, or snow-covered surfaces. Property owners are required and responsible for the shoveling and salting of walking surfaces that could be the location of a slip and fall accident. In the case that the property owner is negligent to their duty they will be responsible for the compensation that’s paid out to those injured on their property.
At the workplace, the most common cause of slip and fall accidents is improper training on the job. Most of the slip and fall cases in the workplace come from the construction industry where injuries can be very serious and possibly fatal. OSHA or the National Institute for Occupational Health and Safety has determined proper training to be the most important factor for preventing slip and fall accidents in high-risk jobs. Failure to provide their employees with proper training on how to safely move about the workplace and use their tools will leave the employer responsible for any injuries incurred while on the job.
Possibly the most frightening cause of slip and fall accidents in the US is the neglect of our elderly in nursing homes. The elderly have decreased balance which leads to an increased chance of falls and of said falls leading to possible fatal injuries. Without proper care, slip and fall injuries are significantly more likely in the elderly and can have more catastrophic results.
How do slip and fall cases work?
In most cases liability is placed on the person who owns the property on which the injury took place. For example, if you are hosting a dinner party at your home and you have loose floorboards and one of your guests’ steps onto the floorboard and falls breaking their arm or wrist you would be responsible. In this case, you would have to cover the medical bills of the injured party, any lost wages as well as pain and suffering for the injured party.
If you can prove that you were injured due to the negligence of another party in your slip and fall case, you will then negotiate with the responsible party for a possible settlement. In these cases, you will likely be negotiating with the liable party’s insurance provider who will attempt to decrease your compensation as much as possible.
Therefore, you should never take the first offer from an insurance company to settle your case they will always attempt to lowball you and protect themselves as much as possible. If you and the liable party are unable to reach a fair and just settlement the case will then be played out in a courtroom where the judge will determine how much compensation you are owed after your slip and fall accident.
How much can you get from a slip fall lawsuit?
The amount of a lawsuit depends upon the severity of your injuries. For example, if you slip on a slick floor at a party and sustain a minor injury your compensation will be substantially lower than someone who fell 2 stories from scaffolding on a construction job site and ended up paralyzed for life.
The total compensation you receive for your injury is broken up into several different parts consisting of monetary loss from your injury which would consist of medical bills incurred because of the injury as well as the loss of wages or career. The other piece of the compensation you may be awarded is pain and suffering which is determined by the severity of your injuries and the mental or psychological pain that your injury caused you. By adding up each factor of compensation the judge will determine the total compensation you will be awarded for your injury to help maintain your quality of life and ensure that you can provide for yourself and your family.
How are slip and fall settlements calculated?
Settlements are determined by how much money the injured party is willing to accept to cover their medical bills, lost wages as well as pain and suffering. While also considering how much money the responsible party is willing to give up avoiding an expensive and public court trial.
In most cases both parties can reach a number somewhere in the middle that they believe to be fair however, some negotiations can be extremely difficult. In most cases the responsible party and their insurance agency are looking to reduce the settlement amount to the victim as much as possible to avoid having to pay out fair compensation or the victim is asking for an outrageous settlement that the liable party can’t possibly afford. In these cases, the claim will be moved to a court where the judge will decide on the amount of compensation that will be paid out.
What percentage of slip and fall cases go to trial?
Thousands of people each year in the US decide not to file their slip and fall claim out of fear of having to testify in a courtroom in front of a judge and jury. However, for 98.5% of cases that is not the case as most of the slip and fall cases are settled out of court rather than litigated in a courtroom.
This is due to the rather large legal fees and poor publicity associated with an extended courtroom trial for the responsible party. No employer or company wants to spend weeks litigating a trial and paying their lawyers to argue a case they know they’re going to lose in the end and must admit guilt.
What is the average settlement for a slip and fall case?
The settlement depends on the severity of the injuries you sustained in the accident. For small injuries such as some bumps and bruises where you may not be able to work for a few weeks your compensation will be below the average while someone who is paralyzed or even killed in a slip and fall accident will receive much higher compensation than the average.
Do most slip and fall cases settle out of court?
Most of the slip and fall cases are settled out of court to avoid an arduous and expensive trial for both sides. Only about 2 percent of slip and fall claims end up in court where the claim is litigated in front of a judge. However, if your negotiations go poorly and it is impossible to reach a fair compensation offer you must have quality legal representation and a large stockpile of evidence and medical documentation. A knowledgeable and experienced slip and fall attorney will help you to build your case and compile the necessary evidence to win your case.
How long do you have to go to the doctor after a slip and fall?
While there isn’t a required amount of time for you to get to a doctor after your accident in a legal sense it is very important that you see a doctor as soon as possible or at least within 72 hours of your injury. First and foremost, a prompt medical examination will help to catch any injuries that may be lingering under the surface. Without prompt medical treatment, injuries may pop up years later causing debilitating conditions along with even more medical bills and lost wages. You must ensure your health and safety before you even think of filing a claim or calling an attorney.
Secondly, comprehensive medical documentation will assist you in building and strengthening your slip and fall accident claim. Your doctor will be able to determine whether the injuries you experienced were because of your accident and were not pre-existing. Strong medical documentation will make it very difficult for the responsible party to deny your injuries and will make a judge more likely to side with you and award you the compensation you deserve.
What happens if I reject a settlement offer?
In the case that a fair settlement offer cannot be reached, and you choose to reject the insurance agency's offer then the case will be deliberated in front of a judge in the courtroom. Slip and fall accidents can be quite complex and there is a relatively high burden of proof to illustrate that your injury occurred due to the responsible parties’ negligence.
You must collect substantial evidence, expert testimony, and medical documentation to assist you in proving your claim. The defense will fight tooth and nail to disprove every detail of your argument to save their skin in the court. Therefore, it is very important to seek out quality legal representation to assist you in building a rock-solid case for your slip and fall accident claim.
Can you sue for a slip and fall if you were intoxicated?
You can still file a claim for a slip and fall even if you were intoxicated but the amount of compensation you receive may be reduced because of comparative fault. Comparative fault means that your actions that contributed to the accident will be weighed against the negligence of the other party to determine the percentage of the blame for each party. You can still receive compensation if your percentage of the blame does not go above 50 percent. However, if you are determined to be 30 percent, for example, your compensation will be reduced by 30 percent.
So, if you were intoxicated but found to only be 20 percent at fault for the accident you will still be able to receive compensation albeit for a smaller dollar amount than if you were not at fault at all.
What is a good slip and fall settlement offer?
A good slip and fall settlement offer will cover all the monetary, mental, and physical damages that came about with your injury and ensures that you can maintain your quality of life and provide for yourself and your family. Everyone’s financial situation is different and therefore there isn’t a one size fits all suggestion for settlement offers. A good slip and fall attorney will be able to advise you on the amount of compensation you will need to live comfortably after your injury.
Determine which laws apply to your slip and fall cases and how to best utilize them to make a recovery for you. Don’t fall victim to your slip and fall injuries. Speak with an experienced slip and fall lawyer at Garces, Grabler & LeBrocq immediately at 800.923.3456 or contact us online to talk about your options.
Related Practice Areas
Wrongful Death
Product Liability
Dog Bites/Animal Attacks
Rideshare Accident Claims
Construction Site Accidents
