Slip and fall accidents can result in sprains, broken bones and even traumatic brain injuries, all of which can lead to extensive medical costs, high rehabilitation expenses and possible lost wages as the victim recovers.
To be able to recover damages to help with these expenses, it must be shown that the accident was the result of negligence. It is possible for both the victim and property owner to share in that negligence.
In New Jersey, commercial property owners are subject to the State’s premises liability laws, which impose a “duty of care” on business owners to make sure their property is safe, to clearly mark and identify known hazards, and to warn visitors of potential dangers.
New Jersey also operates under a modified comparative negligence rule. Under this rule, if both the victim and property owner share fault, the amount of compensation the victim can expect to recover is limited by their share of the fault, provided that share is 50% or less. In other words, if a victim is found to be 25% at fault in the accident, they can only recover up to 75% of their damages. If the victim’s level of fault is found to be 51% or higher, they can’t recover any damages.
It is also important to adhere to the statute of limitations when filing a personal injury claim. Generally, the deadline for filing a slip and fall accident claim in New Jersey is two years from the date of the accident. If the victim is a minor, then it is two years from the victim’s 18th birthday. If the accident occurs on government property, a Notice of Tort claim must be filed within 90 days. In most cases, failing to meet these deadlines means forfeiting your right to compensation.
There are steps you can take to improve your chances of recovering damages to help with expenses incurred as a result of your accident. First and foremost is taking care of your health and well-being.
- Seek medical treatment. Seek medical attention; failure to do so can lead the insurance company – or opposing counsel if your case goes to court – to claim your injuries were not as severe as stated. Once you’ve received medical treatment, follow doctor’s orders. Not following doctor’s orders can be used to negate your claim for compensation.
- Take notes/photos recording the conditions that may have contributed to your accident.
- Report the accident as soon as possible providing only the facts – time, date, location; avoid giving detailed statements that can be used against you.
- Collect contact information from witnesses whose testimony may be needed to corroborate your claim. Request surveillance footage from nearby properties.
- Keep track of all doctor and hospital visits and related expenses, including the cost of prescription and other medical devices, therapy sessions, home care, lost wages.
- Refrain from posting about the incident on social media.
- Consult a Personal Injury attorney who can help you understand your rights under the law, make sure all filing deadlines are met, and preserve essential evidence.