Slip and Fall Lawyer in Edison, NJ
Edison, NJ, and its surrounding area are highly populated with commercial and residential properties. Both homeowners and businesses are required to keep their properties safe to prevent unnecessary slips, trips, and falls. These slip, trip, or fall-down injuries are usually mistakenly called accidents, but they are not accidents because they are usually caused by the property owner’s neglect.
If you’re looking for someone to help you after a serious slip and fall injury in New Jersey, you came to the right place. You could be entitled to financial compensation for your injuries, including money for your medical bills, lost wages, pain and suffering, and other damages. But to win this valuable compensation, you’ll have to go up against powerful insurance companies, their trained adjusters, and their aggressive defense attorneys. That’s not a fight you should take on alone — and the good news is that you don’t have to. A skilled slip-and-fall lawyer at Davis, Saperstein & Salomon will stand up for you.
Our winning track record speaks for itself. Since 1981, our legal team has represented 30,000 clients and secured over $1 billion in settlements and verdicts in New Jersey and New York. We know the strategies insurers employ to deny or dismiss valid claims, and we’ll put that experience to work for you. Contact us today for a free consultation with our Edison slip-and-fall accident lawyers.
Common Causes of Slip and Falls
Leading causes of slip-and-fall accidents include:
- Loose or bulging carpeting
- Wet or slippery floors due to excessive waxing, water, or highly polished marble tiles
- Cracks or potholes and broken pavement
- Broken steps
- Inadequate lighting
- Loose carpets, rugs, or mats
- Missing or damaged handrails
- Loose floorboards
- Uneven sidewalks or walkways
- Spilled liquids
- Exposed wiring and other tripping hazards
- Scattered debris
- Ice and snow
- Assaults and other acts of violence
Data suggest that about 50 percent of slip-and-falls occur because of something wrong with the walkway surface.
Injuries Suffered in Slip and Fall Accidents
Most people do not realize how badly a person can be injured by falling from defective stairs or onto a hard surface. Common slip-and-fall injuries include the following:
- Neck and shoulder injuries – These painful injuries are especially likely when the victim tries to grab onto something to prevent a fall. Neck injuries often involve muscle strains, sprains, and spinal injuries. Damage to the shoulder can affect the nerves, joints, and bones.
- Fractures – About 5 percent of people who fall suffer a broken bone, according to the National Floor Safety Institute (NFSI). Slip-and-falls can lead to broken ankles, wrists, arms, hips, pelvis, or back. Some accidents cause multiple fractures or broken bones.
- Knee damage – Blunt-force trauma to the knees can cause significant damage, such as a broken knee cap. Other injuries can include torn ligaments and dislocated patellas.
- Back injuries – The harsh impact of a fall can injure the muscles, bones, and soft tissue of the back. Herniated discs, fractured vertebrae, and spinal cord injuries can lead to chronic pain and, in the worst cases, lifelong paralysis.
- Bruises and cuts – Slip-and-fall accidents can cause deep cuts if a victim crashes on or through the glass while falling, leading to dangerous bleeding.
- Traumatic brain injury (TBI) – A sudden blow or jolt to the head can cause a TBI. The external force jostles the brain inside the skull, damaging nerves and tissue. TBIs come in many forms, including hematomas, concussions, coup-contrecoup, and diffuse axonal injuries. They can disrupt normal cognitive functioning and interfere with a person’s mental and physical abilities, resulting in long-term disabilities.
- Sprains – Many people instinctively put out their hands to break their fall. In the process, they can damage the bones in their hands and wrists. Sprained ankles also occur when someone trips over an obstacle.
- Death – Severe head injuries can cause death due to a slip, trip, or fall. We can help you explore a wrongful death claim if you lose a loved one due to a slip and fall injury.
In addition to these painful physical injuries, many slip-and-fall victims suffer emotionally because of the trauma associated with the injury. In severe cases, this can lead to post-traumatic stress disorder (PTSD), depression, and anxiety.
What to Do After a Slip-and-Fall Accident
If you slip and fall on someone else’s property, immediately alert the owner or manager. Ask for a copy of any incident report they take. If possible, take photos of the accident scene.
If you don’t need emergency care, see a doctor after leaving the premises. Describe every symptom you feel. Tell them what happened and how the fall occurred. They might recommend specific treatment after the initial evaluation, which you should follow precisely.
Keep copies of all hospital bills, physical therapy notes, prescriptions, and other medical documentation you receive. Every record can be valuable evidence in any future slip-and-fall claim you need to file.
Finally, consult a trusted and experienced slip-and-fall accident lawyer as soon as possible. At Davis, Saperstein & Salomon, P.C., we have a proven track record of winning premises liability cases to give you peace of mind while you recover. Once you retain our services, you can focus on your treatment and recovery while we handle the slip-and-fall accident claims process.
How Do You Prove Negligence in a Slip-and-Fall Case?
Falling on someone’s property doesn’t automatically entitle you to compensation. You must first prove their negligent actions created the dangerous conditions that led to the accident. Negligence also includes failure to warn about known dangers.
Property owners are typically liable for slip-and-falls because they must keep their premises safe for visitors. However, third parties can also be at fault for hazards on the premises. For example, a maintenance worker might be liable for leaving tools in a hallway, causing a tripping hazard.
The parties commonly liable for slip-and-falls include:
- Shopkeepers, commercial business owners, and mall owners
- Property owners
- Repair companies or their employees
- Renters
- Workers
- Landscapers
- Property managers
- Maintenance companies
- Snow removal contractors
Keep in mind that a property owner’s responsibilities to you may depend on why you were on their property in the first place. New Jersey recognizes three types of visitors:
- Invitee – An invitee is a person with permission to enter the premises for the owner’s benefit. For example, a customer at a retail store is an invitee because they might purchase goods, which benefits the owner. Owners must inspect their properties regularly to discover hazards and remove them.
- Licensee – A licensee enters someone else’s property for their benefit or amusement. A social guest at a party is an example of a licensee. Property owners aware of a dangerous condition must make it reasonably safe or provide the licensee with adequate warning. However, the owner doesn’t have to perform regular inspections to locate potential hazards.
- Trespasser – A trespasser has the least protection under New Jersey premises liability laws. That’s because they enter someone’s property without permission. The property owner’s only obligation is to warn of conditions posing a risk of injury or death and avoid intentional acts that can harm trespassers.
You may need compelling evidence to prove liability after a slip and fall. A qualified attorney must show that the accident resulted from a dangerous condition, that the responsible party knew about it, and that the fall led to your injuries and losses.
Examples of evidence in a slip-and-fall case include:
- The injured person themselves
- Eyewitness testimony
- Documentation establishing financial losses, such as medical bills and pay stubs
- Security camera footage of the incident
- Inspection and repair records from the property owner
- Pictures from the scene of the fall
- Medical records proving the type and extent of your injuries
- Expert testimony from healthcare providers and occupational specialists
Some of this evidence might prove difficult to collect and preserve without the help of an experienced attorney. The sooner you contact one, the more they can do on your behalf.
Compensation Available in New Jersey Slip-and-Fall Claims
A slip and fall injury can lead to time off work, medical bills, and other burdens. The costs can add up over time and become a serious financial hardship. You should not be the one to foot the bill if someone else is to blame. Instead, you can file a claim or lawsuit against them, demanding slip-and-fall compensation like:
- Hospital visits, physical therapy, and other medical expenses
- Other out-of-pocket expenses
- Lost wages, past, present, and future
- Lost earning capacity
- Property damage
- Lost enjoyment of life
- Emotional distress
- Pain and suffering
After reviewing the circumstances, an aggressive, proactive personal injury lawyer can place a fair value on your slip-and-fall case.
Statute of Limitations for Slip-and-Fall Cases in New Jersey
A statute of limitations sets the allotted period for filing a lawsuit after an accident. In New Jersey, injured people have two years to sue the owner or another liable party for a slip-and-fall injury. The clock starts ticking from the day the injury occurs.
Important Notice: If your New Jersey fall-down accident involved any government entity, for example, a city, county, state, municipal employee, fireman, policeman, sanitation worker, teacher, Board of Education, public school, public hospital, etc., it will be necessary for you to comply with the New Jersey State Tort Claims Act. This means that you will need to fill out appropriate claim forms from such an agency or municipality. Call them immediately and have them fax or mail the forms to you. YOU MUST DO THIS WITHIN 90 DAYS OF THE ACCIDENT. An additional requirement is that your medical bills must be in excess of $3,000 to sue a government entity. However, a Tort Claims Notice should be completed and served upon the responsible entity even though your medical bills may not reach $3,600. Any supplemental questions sent to you by the governmental entity must be responded to within the initial 90 days following the accident.
The courts strictly enforce this deadline. If you file suit after the limitations period expires, the defendant will likely file a motion in court and the judge will dismiss the case, forfeiting your right to compensation. There are limited exceptions to the statute of limitations, particularly if your claim is against a government entity. Speaking with an attorney is crucial to learn the time limit that applies to your case.
Talk to an Experienced Slip and Fall Lawyer in Edison, NJ Today
When we enter property owned by someone else, such as a grocery store, apartment complex, or a house for a holiday party, we do so trusting that it’s a safe place to visit. When hosts fail to provide a safe environment for their guests and someone slips and falls, the property owner may be on the hook for compensating injured victims.
If a property owner, their employee, or a third party fails to keep their premises safe and you get hurt, New Jersey law gives you the right to hold them accountable and seek appropriate compensation. However, proving they are to blame and owe you money can be challenging without assistance from a skilled and knowledgeable slip-and-fall attorney.
Don’t settle for less than you deserve. Get Davis, Saperstein & Salomon on your side. Call us now for a free consultation with an Edison slip-and-fall attorney. We can meet you at one of our multiple offices in New Jersey or virtually via FaceTime, Zoom, or Skype if you prefer.
Diversity matters to us — we also have Spanish-speaking team members and translators for other languages, including Russian, Polish, Portuguese, and more. Contact us today.