Slip and Fall Lawyer in Middlesex County, NJ

Your Rights After a Fall Explained By Our Slip and Fall Lawyer in Middlesex County, NJ

Call our Wrongful Death Lawyer in Middlesex County, NJ for Help

People slip and fall every day for a variety of reasons. While some people are fine or sustain only minor injuries, other people are not as fortunate. It may not be well known that slip and fall accidents are the leading cause of traumatic brain injuries, one of the leading causes of spinal cord injuries, and are the leading cause of injuries that are non-fatal in older adults and children under the age of 19. A great deal of people are hospitalized every year due to slip and fall injuries, approximately 800,000 annually in the United States alone. Due to those injuries and hospitalizations, there are over $50 billion in medical bills and costs. These injuries can be disabling and may or may not be permanent. In some cases, our slip and fall lawyer in Middlesex County, NJ knows that they can be fatal.

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We offer FREE consultations and can help advise you and your family on what your rights may be. You could also you can also send us a message using our convenient “contact us” box available here.

We are located in Monroe Township, New Jersey. We have meeting locations available throughout New Jersey and New York. We are happy to come to you or meet at a convenient meeting location near you. We also are happy to meet virtually or speak by phone.

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Slip and Falls are Considered to be a Premises Liability Case

If your slip and fall accident was caused by a dangerous, hazardous, or defective condition, it may be considered to be a premises liability case. Premises liability cases involve use of property. Properties may include a business, store, private residence, or government building. Premises liability refers to statutory requirements, common law principles, and municipal guidelines or codes that dictate how a building, store, or property should be maintained or built.

Premises liability laws allow an accident victim to hold the property manager or business owner responsible for their injuries if it is determined that negligence caused the accident. In order to prove negligence occurred, the victim is required to prove all four of these elements of negligence:

  • The property owner or manager owed a duty of care
  • The property owner or manager breached that duty of care
  • That breach caused injuries
  • That damages resulted from those injuries

Additionally, a victim who fell would also have to to prove one of the following notice requirements:

  • Constructive notice – The hazard was present for an extended period of time, meaning the defendant had ample time to identify and fix the hazard during a routine inspection
  • Recurring notice – This refers to when a reoccurring problem continues to happen with out the owner repairing the problem (i..e leaking roof every time it rained in the same spot)
  • Creation – the defendant actually created the hazard or defect
  • Actual notice – the defendant was well-aware of the defect but failed to repair it, such as when another customer complained about the defect before you fell

Causes of Slip and Fall Accidents in New Jersey

There are many causes of falls that our slip and fall lawyer in Middlesex County, NJ could handle for you. Most of these causes are due to negligence and careless conduct. The most common causes include the following:

  • Failing to clean up substances that have been spilled on a floor
  • Damaged tiles or flooring, causing a person to slip
  • Uneven walking surfaces
  • Rainwater or wetness from snow that is tracked into a building, causing a slippery condition
  • Slippery walkways, driveways or flooring
  • Holes in the floor
  • Use of excessive cleaning supplies or wax applied to a floor
  • Dripping air conditioner units
  • Leaking containers or chemicals
  • Snow and ice accumulation
  • Leaking refrigeration units
  • Inadequate lighting
  • Debris left on the floor, causing a person to slip
  • Wet and slippery stairs
  • Broken tiles, and
  • Many other causes that Silverberg Law Firm LLC could help you recover compensation for in New Jersey.

Many slip and fall cases could have been entirely prevented if the business owner or property manager took the appropriate steps to fix the problem or warm pedestrians of the hazard (i.e. caution wet floor sign). Thus is is very important to contact a skilled slip and fall lawyer in Middlesex County, NJ that can review your case to help you understand your rights for compensation.

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Types of Slip and Fall Personal Injuries

This type of accident can cause minor to very serious injuries. Examples of injuries sustained in these types of accidents include the following:

  • Sprains
  • Strains
  • Spinal cord injuries
  • Paraplegia or quadriplegia
  • Hip fractures
  • Traumatic brain injuries (i.e. brain bleeds, concussions, brain damage, etc.)
  • Torn ligaments in the shoulder or knee
  • Meniscus tears in the knee
  • Neck injuries
  • Back injuries (i..e herniated discs, annular tears, slipped discs)
  • Wrongful death
  • SLAP tears
  • Rotator cuff tears
  • Joint damage
  • Broken bones or fractures, some that may require surgery to repair the break or fracture
  • Spinal cord injuries
  • Wrongful death, and
  • Many other types of injuries.

These are just a few of the most common types of personal injuries when an individual falls and has a premises liability claim. There are many other types of injuries that a person could sustain which may result in damages, but they have to be proximately caused by the defendant’s negligence in maintaining their property.

How to Prove Your Slip and Fall Case in New Jersey

You are considered an invitee under the law any time you visit a private home, public building or park. Due to this, this means that the homeowner, property manager, or manager is responsible to ensure that you and all other people that enter the building are safe.

Sadly, all too often property owners, homeowners and managers fail to maintain their property and are therefore neglectful of that responsibility. If there is a known hazard on the property that the owner or manager fails to repair, warn others about or attempt to hire additional people to maintain the property, they may be considered liable for any injuries sustained.

To prove a slip and fall case, it is essential to establish by the “burden of proof” that there is a viable cause of action. It is also known as the burden of persuasion, which refers to the confidence level of a jury or judge in order to legally find the claim that was placed successful.

The most well known burden of the “beyond a reasonable doubt” burden of proof which requires persuasion of 98-100%. However, the civil burden is lower. That is the “preponderance of evidence” standard which only requires 51% that it more likely than not that the defendant’s negligence caused your damages. This makes it much easier to prove a case as the plaintiff really only needs to establish 51% verses the 98-100% of reasonable doubt. However, it also means that a defendant only needs to prove a defense by 50% or more because a “tie” goes in the defendant’s favor. This is why it is imperative to retain an experienced and skilled slip and fall lawyer in Middlesex County, NJ like ours at Silverberg Law Firm LLC.

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Damages From a Slip and Fall Accident

The goal of compensation in a personal injury award is to make the injured party as recovered or “whole” as possible, placing the injured party in the same position they would have been in had the accident not caused the injuries sustained. That being said, many personal injuries are disabling and permanent so the injured party will never truly be “whole.” It is the hope that the compensation gained will help the injured party to live as independent of a life as possible with as good quality of life as possible.

Some of the most common damages that a slip and fall injury victim may recover includes the following:

  • Ongoing medical care costs
  • Emergency transportation
  • Medical expenses (i..e doctor visits, physical therapy, occupational therapy, surgeries, nursing care, etc.)
  • Lost off wages
  • Loss of future wages if the individual will be unable to carry out his or her former job duties
  • Loss of consortium
  • Medical equipment (i.e. wheelchairs, walkers, braces)
  • Home or vehicle modifications
  • Funeral expenses
  • Burial costs

Any other damages that may be deemed appropriate considering the circumstances of the accident and needs of the victim and his or her family.

Injured on the Property of Another?

You May Have a Premises Liability Case

If you or a loved one were seriously injured, or if a loved one was wrongfully killed, in any type of trip or slip and fall accident in New Jersey or New York, call Silverberg Law Firm LLC to learn what your rights to compensation may be under the law. We have over 30 years of experience representing residents of Middlesex County, Somerset County, Mercer County, Monmouth County, or anywhere else throughout New Jersey and New York.

Contact Silverberg Law Firm LLC

Here at Silverberg Law Firm LLC, our wrongful death lawyer in Middlesex County, Somerset County, Mercer County, Monmouth County and other parts of New Jersey and New York. If you have lost a loved one due to the actions of another, please call us today to learn how we can help you.

We offer FREE consultations and can help advise you and your family on what your rights may be. You could also you can also send us a message using our convenient “contact us” box available here.

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