Are you a Monmouth County, NJ, resident who was injured on someone else’s property? Property owners have a legal obligation to make reasonable efforts to keep their premises safe. If they fail to do so and you were injured on their property as a result, you may be able to seek compensation for your losses through a premises liability claim.
Monmouth County, New Jersey, has a complex premises liability claim process. However, an experienced Monmouth County premises liability attorney can help you guide you through it.
The attorneys at Noonan & McMahon, LLC are here to help. Contact our law office at (732) 303 7857 to speak with one of our Monmouth County premises liability lawyers and schedule your free consultation.
How Noonan & McMahon, LLC Can Help After a Premises Liability Accident In Monmouth County, NJ
We have over 40 years of experience helping personal injury victims and have recovered millions on our client’s behalf. When you hire one of our seasoned Monmouth County personal injury lawyers, we’ll take every necessary step to obtain a favorable outcome in your case, including:
- Investigate the accident and identify the at-fault parties
- Explain your rights and develop a case strategy
- Gather evidence to support your claims
- Assess the extent of your damages
- Contact the insurance company to negotiate a settlement
- Take your case to trial if necessary
Reach out to our office in Monmouth County, NJ, to learn more about how our Monmouth County premises liability attorneys can help you.
What Are the Causes of Premises Liability Accidents?
A premises liability accident occurs when someone is injured on another person’s property, whether it is private property or a business.
Common causes of premises liability accidents include:
- Slip and fall accidents. These accidents are usually caused by someone slipping on a surface, such as a spill on a grocery store floor.
- Trip and fall accidents. These are similar to slip and falls but occur when someone trips on an object or uneven surface, such as an uneven sidewalk or bunched-up rug.
- Dog bites or other animal attacks. Dog owners can be liable for injuries caused by their dogs.
- Inadequate maintenance. If a property owner fails to adequately maintain their property, this can cause injuries. Examples include parking lot potholes, broken stair railings, or fault escalators.
- Negligent security. You could be attacked or injured as a result of a property owner failing to have adequate security measures in place, such as being attacked in a poorly lit parking garage.
Our attorneys have the experience to handle a wide variety of premises liability claims. Reach out to our office to discuss your case in more detail.
How Common Are Premises Liability Accidents in Monmouth County, NJ?
According to the Centers for Disease Control, over 800,000 people are hospitalized each year due to injuries caused by a fall. In 2021, 2.3% of homeowners insurance losses were due to premises liability claims.
Accidents happen, but if you were injured because of someone else’s property, you may be able to recover compensation for your injuries.
What Is My Monmouth County Premises Liability Case Worth?
You might assume that the value of your premises liability claim is the total value of your medical costs and any property damage, but it’s not that simple.
Many factors will influence the value of your claim and the total that you can recover, such as:
- The extent of your physical injuries
- The extent of your other damages, including pain and suffering, disability, and more
- Whether you were partly at fault for your injuries
- Your relationship with the property owner
- The strength of the evidence supporting your claims
- The insurance policy limit
Your attorney will review your case and explain how these variables may influence the value of your case.
What Kinds of Damages Are Available to Premises Liability Victims in Monmouth County?
Premises liability victims can recover compensation for the losses, called damages. These compensatory damages are intended to restore the victim to their position prior to the accident and make them “whole again.”
There are two types of compensatory damages: economic and non-economic damages.
Economic Damages
Economic damages are the financial consequences that have occurred or that will occur because of an accident or injury.
Economic damages may include:
- Past and future medical expenses
- Property damage
- Lost wages
- Loss of earning capacity
Economic damages are usually straightforward to calculate, but some, such as future medical expenses or loss of earning capacity, may be more difficult to assess. An experienced premises liability attorney can assess your damages and let you know if additional evidence, such as an expert witness, would be helpful.
Non-economic Damages
Unlike economic damages, non-economic damages relate to the other, often intangible or emotional, consequences of an accident or injury.
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Disability
- Deformity
- Loss of companionship
- Loss of consortium
- Loss of quality of life
Non-economic damages can be more difficult to quantify than economic damages because it’s hard to quantify a victim’s subjective experience after an accident. A knowledgeable premises liability lawyer can be especially helpful if you’ve incurred non-economic damages.
How Much Does It Cost to Hire a Premises Liability Lawyer?
Premises liability attorneys usually take cases on a contingent fee basis. Under a contingent fee arrangement, an attorney only gets paid if they successfully obtain compensation for their client. Their fee is usually a percentage of the client’s ultimate financial recovery, and it is collected at the end of the case.
The immediate benefit contingent fees have for injured victims is that there are no attorney’s fees to pay upfront. Thus, anyone can secure legal representation, regardless of their financial circumstances. The attorney’s fee is also contingent upon their client’s success, so there’s no risk of being stuck with hefty attorney’s fees if your case is unsuccessful.
Keep in mind that there are sometimes other costs associated with a personal injury case, such as court filing fees and administrative costs. Your attorney should explain if you are responsible for these fees and whether they must be paid upfront or later in your case.
Our Monmouth County Premises Liability Lawyers Will Fight to Recover Compensation for All of Your Injuries
Just as there are many different types and causes of premises liability accidents, there are many different injuries that can occur as a result of these accidents.
Some common premises liability accident injuries include:
- Broken bones
- Concussions and other traumatic brain injuries
- Head and neck injuries
- Spinal cord injuries
- Back injuries
- Lacerations
- Bruising
- Paralysis
We’ll fight for you to receive compensation for all of your injuries.
What if I’m Being Blamed for the Premises Liability Accident?
In New Jersey, being partially responsible for an accident is not an automatic bar to financial recovery. New Jersey has a modified comparative negligence law, which provides that an injured party may be able to recover compensation if they are less at fault than the defendant.
If a party’s degree of responsibility is 50% or less, then they can still recover compensation. However, it will be reduced proportionally to their degree of blame.
How Do I Prove Negligence After a Premises Liability Injury in New Jersey?
In most premises liability cases, you will need to prove that the at-fault party was negligent. This requires proving each of the following four elements:
Duty of Care
You must show that the property owner owed you a duty of care. Property owners often have a duty to take reasonable steps to remove known hazards or warn visitors of dangerous conditions.
Breach
You must show that the other party breached the duty of care. For instance, by failing to repair a broken stair railing.
Damages
You must also show that you suffered injuries or another type of loss because of the property owner’s breach.
Causation
You must prove that the defendant’s breach was the actual and proximate cause of your injuries. To be the actual cause means that the accident would not have occurred without the defendant’s actions. To be the proximate cause means that your injuries were a reasonably foreseeable consequence of the breach or unsafe condition.
You must prove each of these elements by a preponderance of the evidence.
Strict Liability
While most premises liability claims will be based on negligence, some will be based on strict liability. In strict liability claims, the plaintiff need not prove that the defendant was negligent or acted unreasonably.
How Long Do I Have to File a Lawsuit After a Premises Liability Injury in New Jersey?
In New Jersey, you have two years from the date of the injury to file a premises liability lawsuit. This deadline is also called the statute of limitations. In most cases, you cannot file your lawsuit once the statute of limitations has passed.
While many premises liability cases settle before a lawsuit is filed, the potential to file a lawsuit can be an important strategic tool for negotiating a settlement.
Contact Our Monmouth County Premises Liability Lawyers for a Free Consultation
If you were injured on another’s property, you may be able to recover compensation for your injuries through a premises liability claim. An experienced Monmouth County premises liability attorney at Noonan & McMahon, LLC, can review your case, explain your options, and fight for your compensation.
To schedule a free consultation with a member of our team, contact our law office in Monmouth County, NJ at (732) 303 7857.