Whether you suffered a debilitating back injury, head trauma, spinal cord injury, or other critical injury in a slip and fall accident, if your injuries have had a significant impact on your life, you may have grounds for a legal claim. Although a slip and fall may seem like a minor accident, the aftereffects of the incident may prove to be costly in more ways than one. Not only could you find yourself with thousands of dollars in medical expenses, but you may also find your injuries leave you with lasting side effects or permanent disability.
If someone else is or could be responsible for the injuries you sustained, you may have the right to file a civil lawsuit or insurance claim against them. With the support of an experienced Ewing slip and fall accident lawyer from Rand Spear, you can fight to get the most out of your claim. Connect with a skilled Ewing personal injury lawyer from our firm today to learn more about how slip and fall accident lawsuits work, whether you have the right to file a claim against the property owner, and which personal injury laws could have the greatest impact on the outcome of your case.
Rand Spear Walks You Through the Claims Process
After the trauma of your experience, going through a legal battle may be the last thing you want to do. Having insight into the slip and fall accident claims process may make you feel more confident pursuing your claim. With that in mind, here is a basic overview of how slip and fall accident cases unfold:
- You hire a Ewing slip and fall accident attorney to take on your case
- We investigate and gather supporting evidence
- Your personal injury lawyer identifies the liable party
- We calculate the value of your losses
- Our team files a claim with the property owner’s insurance policy and negotiates settlement terms
- We move forward with a personal injury lawsuit if your settlement with the insurance company is inadequate
Every person’s case is different. If your insurance settlement is enough to meet the total value of your losses, going to trial may be unnecessary. The at-fault party may also be willing to offer a fair settlement before your trial date, which could provide you with the compensation you deserve without having to set foot in a courtroom.
Ewing Slip and Fall Accident FAQ
What Are the Top Causes of Slips and Falls?
Identifying the cause of your slip and fall accident will help your Ewing premises liability lawyer identify the liable party and build a powerful case against them. The type of slip and fall accident you were involved in will help us determine the cause. Some of the most common causes of slips and falls, according to the Occupational Safety and Health Administration (OSHA) include:
- Wet floors
- Broken pavement
- Debris in walkways
- Snow and ice
- Ladder accidents
- Improperly secured railings
- Lack of safety repairs
- Negligent security
- Elevator accidents
- Loose carpeting
- Loose floorboards
- Escalator accidents
- Stair accidents
- Wrongful death
What Are Compensatory Damages?
Compensatory damages refer to the losses you are entitled to recover. They include a combination of your economic and non-economic damages. While you may be able to sue for emotional distress after an accident, you can also request compensation for pain and suffering, lost wages, and medical bills, which are considered compensatory damages, though punitive damages are not compensatory. This means they are not a loss you have the right to recoup as part of your slip and fall accident claim.
How Will the Open and Obvious Doctrine Impact My Claim?
According to the open and obvious doctrine as described in Emmanoulidis v. The City of Jersey City, when hazardous conditions on the property would have been considered open or obvious to any other reasonable person, the property owner may escape some liability for your damages. New Jersey is a modified comparative negligence state under Charge 7.13 from the New Jersey Courts, so the property owner could still be responsible for compensating you, even if the hazardous conditions were open and obvious. However, the open and obvious defense is one of the most common ways at-fault parties can avoid paying out on injury victims’ claims.
A good example of the open and obvious doctrine could be a spilled liquid in a grocery store. If the grocery store put up a bright yellow wet floor sign near the spill to warn shoppers of potential safety hazards, the grocery store may not be at fault if someone slips and falls, as the placement of the wet floor sign has absolved them from further responsibility. However, if the grocery store did not put up the floor sign, and a shopper was seriously injured in a slip and fall accident, the grocery store could be held accountable.
Is There a Deadline for Filing My Slip and Fall Accident Lawsuit?
Yes, your slip and fall accident lawsuit must be filed within two years of the accident date. This is a general guideline under New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 14-2. However, it may surprise you to learn that there are some instances in which the amount of time you have to file your claim is extended.
While the statute of limitations itself will not be longer, the countdown can pause temporarily. This is known as “tolling” the statute of limitations. This only happens in limited circumstances, such as cases where victims have delayed diagnosis or injury victims are under the age of 18.
How Much Is a Slip and Fall Accident Lawyer in Ewing?
You can hire an Ewing slip and fall accident attorney on contingency when you choose Rand Spear the Accident Lawyer. When you Demand Rand, you do not have to pay anything out of your own pocket, as described under New Jersey Revised Statutes §52:13C-21.5. We have a strict no-win, no-fee guarantee, so you pay zero dollars in legal fees if we lose.
Ewing Slip and Fall Accident Lawyer Near Me (215) 985-2424
Turn to a Trial-Tested Slip and Fall Accident Lawyer in Ewing for Help Today
Your slip and fall accident injuries are not something you should just “get over.” The liable party should be held accountable to the fullest extent of the law, as you will likely carry the weight of not only the injuries you sustained but the accident itself for the rest of your life. When someone else’s negligence has such a profound impact on you, they should be brought to justice.
While you focus on healing and picking up the pieces of your life, your dedicated slip and fall accident attorney in Ewing with Rand Spear The Accident Lawyer will work tirelessly to build a compelling claim against the at-fault party. Let us take care of your legal needs while you recuperate. Fill out our convenient contact form or call our office to schedule your free, no-obligation consultation as soon as today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
