Slip and Fall Accidents: Proving Fault
One minute you’re visiting your favorite store and the next, you’re flat on your back with intense pain. Whether you are taken to the hospital or you follow up with your doctor, you are likely wondering how you will cover the costs. If your injury is intense, it is possible that you will need to take time off work, leading to even more costs.
Important Steps Following a Slip and Fall Accident
The steps that you take immediately following a slip and fall case are important to your ability to collect compensation. If your injury requires medical care or time off work that leads to lost wages, you will rely on that compensation to recover following the injury. Protect your legal rights with the following steps:
- Receive immediate medical care: If you experience a slip and fall accident, it is important to receive immediate medical care. Even if you feel fine, it is possible that your injuries will not show up for a few hours, or even a few days. In order to connect the injury to the accident, it is important to receive medical care.
- Document the entire process: Collecting documentation is important in building your case and proving fault in a slip and fall case. Remember important details and if possible, capture images or video of the accident scene. You might even collect witness information that can discuss the details of the injury.
- Follow up with all medical care: It is not only important to get the medical care that you need, but to also continue to follow up with it.
- Discuss your case with a personal injury lawyer: Discussing the details of your case with a personal injury lawyer can help you determine your filing options. Your lawyer will also help you collect the necessary information, like medical records, witness reports, income statements, and photos, to identify fault in the case.
Keeping statute of limitations of New Jersey in mind when dealing with a slip and fall case is also important. New Jersey gives us just two years from the date of the slip and fall to file a case. Because it takes time to file your case, it is necessary to reach out to a lawyer to discuss your case as soon as possible.
Proving Fault in a Slip and Fall Case
One of the important elements of a slip and fall case is to determine who is at fault. There are a few individuals who could be at fault and identifying that person is necessary. This is often determined by considering one of the following conditions are met:
- The property owner or responsible person must have caused the conditions that led to the slip and fall injury.
- The property owner or responsible person must have been aware of the dangerous environment that led to the slip and fall.
It can also be helpful to identify that the property owner should have made a reasonable attempt to improve the dangerous situation, and prevent the accident.
In most cases that involve slip and fall, negligence is to blame. Of course, it is not always easy to determine these important elements, especially that the property owner made a reasonable attempt to improve the dangerous situation. This is why it is important to discuss your case in detail with a lawyer.
Contact a Nutley Personal Injury Lawyer to Discuss Your Slip and Fall Case in New Jersey
Did you or a loved one sustain serious injuries due to 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 Birkhold & Maider, LLC represent clients injured because of a slip and fall in Hudson County, Essex County, Mercer County, Union County, and throughout New Jersey. Call (973) 947-4670 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite 1, Nutley NJ 07110, as well as an office in Hamilton, NJ.
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.