Elizabeth, NJ Slip & Fall Attorney

                                                                   

Slip and fall accidents can happen unexpectedly, leaving victims with injuries and financial burdens. If you’ve experienced a slip and fall on someone else’s property in New Jersey, understanding your rights and legal options is crucial. If you or a loved one has been injured in a slip and fall, car accident, commercial vehicle accident, or dog bite, an attorney can help. When considering hiring a lawyer for a slip-and-fall case, it’s important to evaluate their expertise, experience, and track record. Here are some detailed reasons why you might consider hiring Brett M. Rosen for your case:

1. Expertise in Personal Injury Law: Brett M. Rosen specializes in personal injury law, which includes slip and fall cases. This specialization means he is likely familiar with the nuances and complexities of such cases.
2. Establishing Liability: A key aspect of slip and fall cases is establishing liability. An experienced lawyer like Mr. Rosen can help determine who is at fault for your accident and gather the necessary evidence to support your claim.
3. Valuation of Damages: Accurately assessing the damages you’ve suffered, including medical expenses, lost wages, and pain and suffering, is crucial for fair compensation. A lawyer can help ensure that all damages are properly calculated and claimed.
4. Dealing with Insurance Companies: Insurance companies often aim to minimize payouts. A lawyer can negotiate with these companies on your behalf to seek a settlement that reflects the true value of your claim.
5. Navigating Legal Processes: The legal process can be complex and daunting. An attorney can guide you through the necessary steps, from filing a lawsuit to representing you in court if needed.
6. Contingency Fee Arrangement: Many personal injury lawyers, including Mr. Rosen, work on a contingency fee basis. This means you only pay attorney fees if you win your case, which can make legal representation more accessible.
7. Peace of Mind: Having a knowledgeable lawyer handle your case can provide peace of mind, allowing you to focus on recovery while they manage the legal aspects.
8. Proven Track Record: Brett M. Rosen has a history of settling significant cases, including close to $1 million worth of personal injury cases within three months. This demonstrates his ability to secure favorable outcomes for his clients.

Contact our office today to discuss your slip and fall case here in New Jersey. We are available 24/7.

New Jersey Statute of Limitations for Slip & Fall

• Deadline: New Jersey law imposes a two-year statute of limitations for slip and fall lawsuits. You must file your claim within two years from the date of the accident. This means that you must file a lawsuit within this time frame if you wish to seek compensation for injuries sustained in a slip and fall incident. If the claim involves property damage, such as a broken watch during the fall, the statute of limitations extends to six years. It’s important to note that these time limits are strict, and if you attempt to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case.

• Exceptions: In rare situations, the statute of limitations may pause or “toll,” granting additional time to initiate legal proceedings. Consult an attorney for specific details on exceptions in New Jersey.

Proving Liability in New Jersey Slip & Fall Cases

To succeed in a slip and fall case, you must demonstrate that the property owner’s negligence caused your accident. To prove liability in a New Jersey slip and fall case, you’ll need to establish the following key elements:

1. Duty of Care: Show that the property owner owed you a duty of care. This duty varies depending on whether you were an invitee, licensee, or trespasser on the property.
2. Breach of Duty: Demonstrate that the property owner breached their duty of care by acting unreasonably under the circumstances.
3. Causation: Prove that the property owner’s breach of duty directly caused your slip and fall accident.
4. Damages: Provide evidence of the injuries and losses you suffered as a result of the slip and fall.

Evidence that can support your claim includes:

• Photographs of the hazardous condition
• Surveillance camera footage
• Eyewitness testimony
• Maintenance records
• A written account of the accident
• The police accident report
• Medical records

Contact our office today to discuss your New Jersey slip and fall case.

Comparative Negligence

New Jersey follows a comparative negligence standard for premises liability claims. This means that if you share some responsibility for the accident, your compensation may be affected. Here’s how it works:

1. Fault Assessment: The fault is assessed for all parties involved in the accident. This includes the injured party (plaintiff) and the property owner or other parties (defendants).
2. Modified Comparative Negligence: New Jersey follows a modified comparative negligence rule, which allows an injured party to recover damages even if they are partly at fault, as long as their share of the blame is not more than the defendant’s.
3. Damage Reduction: The compensation awarded to the injured party is reduced by their percentage of fault. For example, if you are found to be 30% responsible for your slip and fall accident and the total damages amount to $100,000, you would be able to recover 70% of this amount, or $70,000.
4. 50% Threshold: If the injured party’s fault is equal to or greater than the fault of the defendant(s), they cannot recover any damages. This means that if you are found to be 50% or more responsible for the accident, you would not be entitled to compensation.

Understanding this law is crucial because it directly affects the amount of compensation you can recover in a slip and fall case. If you’re involved in such an incident, it’s advisable to consult with a knowledgeable personal injury lawyer who can help you navigate the legal process and maximize your potential recovery. Contact our office today to discuss your New Jersey Slip & Fall case.

Preponderance of the Evidence Standard in NJ

In New Jersey slip and fall cases, the ‘preponderance of the evidence’ is the standard of proof that the plaintiff must meet to win the case. It means that the plaintiff must show that it is more likely than not that the defendant was negligent and that this negligence caused the plaintiff’s injuries. Here’s a detailed explanation:

1. More Likely Than Not: The evidence must convince the court that the defendant’s negligence is more probable than not—the evidence does not need to eliminate all doubt but must tip the scales in the plaintiff’s favor.
2. Quality and Quantity of Evidence: It’s not just about the amount of evidence, but also the quality. The plaintiff must present sufficient, credible evidence to support their claim.
3. Comparison of Evidence: The jury or judge will weigh the evidence presented by both sides. The side with the stronger evidence, as judged by its believability and relevance, will meet the preponderance of the evidence standard.
4. Burden of Proof: The burden of proof lies with the plaintiff, who must prove every element of the claim (duty, breach, causation, and damages) to the preponderance of the evidence standard.

If the plaintiff’s evidence is more convincing than the defendant’s evidence, then the plaintiff has met the preponderance of the evidence standard and may be awarded damages for their injuries. It’s a lower threshold than ‘beyond a reasonable doubt,’ which is used in criminal cases.

Damages and Compensation in NJ Slip & Fall Cases

In a New Jersey slip and fall case, you may be entitled to recover compensation for various types of damages, including:

• Medical Expenses: Costs incurred from any emergency medical treatment immediately following the accident, hospitalization, surgeries, medical procedures, medications, and rehabilitation costs.
• Lost Wages: Compensation for the income you lost due to being unable to work because of your injuries.
• Pain and Suffering: Compensation for the physical pain and emotional distress you have endured as a result of the accident.
• Diminished Earning Capacity: If your injuries prevent you from returning to your previous job role or affect your ability to earn income in the future.

It’s important to keep in mind that each case is unique, and the specific compensation you may be eligible for will depend on the details of your case and the extent of your injuries. Consulting with a personal injury attorney can help you understand what compensation you may be entitled to and assist you in pursuing your claim. Contact our office today to discuss your slip and fall case.

Frequently Asked Questions (FAQs)

• Question: What are common causes of slip and falls in New Jersey?
  • Answer: Common causes of slip and fall accidents in New Jersey include:
    • Uneven Surfaces: Cracked pavement, potholes, and poorly maintained walkways can cause individuals to trip and fall.
    • Wet and Slippery Surfaces: Surfaces that are wet from pool water, spilled drinks, or morning dew can become hazardous.
    • Inadequate Lighting: Poor lighting can make it difficult to see potential hazards, especially at night or in dimly lit areas.
    • Improperly Maintained Stairs and Ramps: Loose handrails, worn-out steps, and lack of traction on ramps can lead to falls.
    • Negligent Pool Safety: Swimming pools without proper safety measures can be dangerous.
    • Inadequate Maintenance: Failure to address known hazards or perform regular upkeep can create dangerous conditions.
    • Construction or Renovation Sites: These areas may have various hazards like loose cables, uneven carpeting, or potholes.
  • Property owners have a legal duty to address these conditions to prevent accidents. If you’ve been injured in a slip and fall, documenting the scene and gathering evidence can be crucial for your claim.

• Question: Can I sue the state of New Jersey for a slip and fall case?
  • Answer: Yes, you can sue the state of New Jersey for a slip and fall case, but there are specific procedures and limitations to be aware of. When suing a government entity, you must file a notice of claim within 90 days of the incident. This notice is a prerequisite before filing a lawsuit and must include details about the claim and the damages sought.
  • After the notice is filed, the state has a period during which it can respond or settle the claim. If the claim is denied or not resolved, you may then proceed to file a formal lawsuit. However, suing the state can be more complex than suing a private party due to sovereign immunity, which can limit or prohibit lawsuits against the government in certain circumstances.

• Question: What if my slip and fall here in New Jersey occurred while I was working?
  • Answer: If your slip and fall accident occurred while you were working in New Jersey, you would typically be covered under New Jersey’s workers’ compensation system. Here’s what you need to know:
    • Workers’ Compensation Coverage: Falls and subsequent injuries that occur at work are generally covered by workers’ compensation.
      • Benefits: Workers’ compensation benefits can include medical treatment, lost wages, and compensation for permanent disabilities.
      • No-Fault System: Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who was at fault for the accident.
      • Exclusive Remedy: In most cases, workers’ compensation is the exclusive remedy, which means you cannot sue your employer for a workplace injury. However, there may be exceptions if the injury was caused by intentional acts.
      • Third-Party Claims: If a third party’s negligence contributed to your accident, you might have the right to sue that third party in addition to filing a workers’ compensation claim.
    • It’s important to report the injury to your employer as soon as possible and to consult with a workers’ compensation attorney to ensure that you receive all the benefits you’re entitled to. Contact our office today to discuss your case.

• Question: Will I need to hire an expert for my slip and fall case?
  • Answer: Whether you need to hire an expert for your slip and fall case in New Jersey can depend on several factors, such as the complexity of the case, the circumstances of the accident, and the legal arguments you plan to make. Experts can provide valuable insights and testimony that may strengthen your case, especially if there are technical aspects related to the cause of the fall or the extent of the injuries sustained.
  • In New Jersey, slip and fall cases often involve questions of premises liability and negligence. An expert could help establish the property owner’s failure to maintain a safe environment or to warn of dangerous conditions. Experts in fields such as accident reconstruction, engineering, or medical professionals can be particularly useful in providing evidence that supports your claim.
  • It’s also worth noting that there are many expert witnesses and consultants available in New Jersey who specialize in slip and fall cases. They can form expert opinions, draft reports, and provide testimony at deposition and trial. Additionally, there are attorneys in New Jersey who focus on slip and fall accidents and can guide you on the necessity of hiring an expert based on the specifics of your situation.

 

Top-Tier New Jersey Slip & Fall Lawyer

Navigating slip and fall lawsuits requires knowledge of New Jersey’s legal landscape. Seek professional guidance, gather evidence, and protect your rights. Remember, timely action is essential, so don’t delay in pursuing your claim.

Brett M. Rosen is recognized for his dedication and assertiveness in representing clients, particularly in personal injury cases, including slip and fall incidents. His recent achievements include:

• Winning a challenging case that seemed impossible, showcasing his legal prowess and dedication.
• Settling close to $1 million in personal injury cases within three months, demonstrating his capability to secure favorable outcomes for his clients.

His approach is client-oriented, treating clients with respect and professionalism, and he is known for his passion for justice and human rights advocacy. Retaining him could provide you with an advocate who is committed to achieving the best possible outcome for your case. Contact our office today to discuss your New Jersey slip and fall case.