Falls are one of the most common causes of injury in New Jersey and across the country. It is not only older adults who are at risk for suffering fall injuries. While one in three older New Jersey residents suffer falls each year, younger people are also at risk of falling based on dangerous conditions anywhere that they go. For example, anyone can be injured in a slip and fall when the following happens:
Insurance companies like to portray any slip and fall claim as minor and the accident victim as clumsy. Their interest is in ensuring that they pay as little as possible, if they even pay you at all. However, no amount of insurance company posturing can hide the truth – you have legal rights to financial compensation when you have been injured in a slip and fall that was the result of someone else’s negligence.
Never hesitate to contact a New Jersey slip and fall lawyer from Varcadipane & Pinnisi, PC, right away after an injury.
There are several ways that a slip and fall accident could happen:
Under both of these circumstances, the property owner would be considered negligent. If they made the danger themselves, it does not matter how long the condition existed – they would be legally responsible. If someone else made the problem, the property owner can not either delay dealing with it or pretend that it does not exist. Negligence law would assume that they knew about it after a certain period of time passes.
In any slip and fall case, you have the burden of proof to show that the defendant was negligent. Here is where your claim for compensation could get challenging. Your best hope is that someone saw your fall who could testify. Direct testimony from an objective third party is always the most effective way to prove liability. Even if you do not have witness testimony, you can still prove that someone was responsible for your fall.
You can also use the following evidence to prove your claim:
You will have a challenge getting the insurance company to believe your claim. They can hide behind a “prove it” attitude, knowing that slip and fall claims are not always the easiest to prove. The longer you wait to hire an attorney, the more challenging your claim can get. You can lose valuable evidence that can be used to prove your claim.
There are other defenses that you may face that are designed to keep you from getting a settlement check. The insurance company or defendant may claim that:
As you can see, slip and fall cases may be as much about defending you as they are about proving that the defendant did something wrong. If you do not have an attorney, the insurance company may find you to be an easy target in trying to escape liability.
When you are able to prove liability for the accident, you have the legal right to full payment for your injuries. Slip and fall compensation should include:
Damages are another area where the insurance company tries to take advantage of perceptions attached to slip and falls. They would try to minimize your injuries, arguing that you could not have been injured that badly in a fall. They consciously overlook the fact that you could suffer some of the following serious injuries:
Any of these injuries could have significant costs attached. If someone else was responsible for your fall, they must pay for all of the damages. An attorney could pursue compensation on your behalf, negotiating to obtain an amount that fairly pays you back for the full extent of your injuries.
If you have been injured in a trip and fall case, you need an experienced personal injury attorney on your side to have a fighting chance to get what you deserve for your accident. It is extremely difficult to prove liability on your own, and it is every bit as hard to get enough financial compensation for your injuries. Call the attorneys at Varcadipane & Pinnisi, P.C. today at (800) 616-2916, or contact us online to schedule your free initial consultation to discuss your case and learn about your legal options.
Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (800) 616-2916
Andrew L. Client
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