A slip and fall accident can result in broken bones, concussions, or even death. In 2021 alone, nearly 50,000 Americans died from slip and fall accidents. When you suffer a slip and fall accident, the Monmouth County slip and fall accident lawyers of Noonan Personal Injury Lawyers, LLC are ready to stand right by your side.
Our Monmouth County slip and fall accident attorneys can help you fight for justice. After 40 years of practice, our reputation in Monmouth, New Jersey, speaks for itself. We take pride in our hands-on, client-centered approach. You are a client, not a case number.
Contact our office today at (732) 303 7857 to get the personal attention you deserve after a Monmouth County, NJ slip and fall accident.
How Noonan Personal Injury Lawyers, LLC Can Help You Win Your Monmouth County Slip and Fall Accident Claim
A law firm with negotiation skills but no courtroom experience cannot command the highest settlement value. Our Monmouth County slip and fall accident lawyers have successfully represented thousands of clients. In doing so, we’ve accumulated a wealth of trial experience with over 70 jury trials under our belt. You might be surprised how fast the opposing party experiences an ‘attitude adjustment’ once they learn you have hired Noonan Personal Injury Lawyers, LLC to represent you.
Our Monmouth County personal injury lawyers can help in the following ways:
- Offering legal guidance on New Jersey statutes and regulations governing slip and fall accidents
- Gathering and analyzing evidence to establish negligence on the part of a property owner
- Handling all communications with insurance companies
- Determining the full extent of your compensation, including medical expenses, lost wages, and pain and suffering
- Complying with the statute of limitations for filing a New Jersey slip and fall lawsuit
- Evaluating settlement offers and providing advice on whether to settle or proceed to trial
- Obtaining expert testimony that can strengthen your claim
- Creating a unique legal strategy tailored to your specific case
- Drafting a settlement agreement that protects your interests
- Representing you in court, should your case go to trial
Statistically, the odds that you will resolve your case at the settlement table rather than at trial are overwhelming. However, our attorneys are prepared to devise an effective case strategy for your Monmouth County, NJ slip and fall accident case.
How Does the Legal Process Work for a Slip and Fall Claim in New Jersey?
If you believe that your slip and fall injuries were someone else’s fault, you can file a third-party insurance claim against their liability insurance policy if they have one. For example, businesses typically have insurance covering slip and fall claims. If you fell in a private home, homeowners’ or renters’ insurance may be applicable for your case. Alternatively, you might file a personal injury lawsuit directly against the at-fault party.
What are Some Common Causes of Slip and Fall Accidents?
Slip and fall accidents often occur for the following reasons:
- Improperly secured electrical cords and cables
- Uneven flooring
- Icy or snowy conditions in parking lots
- Lack of warning signs around wet floors
- Loose or torn mats and rugs
- Obstacles and clutter, such as debris and obstructions in walkways
- Poor lighting in hallways, staircases, and parking lots
- Oil spills in garages and industrial settings
- Broken stairs and handrails
A full list might include hundreds of items, but understanding common dangerous conditions can help protect you and others.
How Does Premises Liability Work in a Monmouth County Slip and Fall Accident?
The owner or administrator of real property must repair is responsible for the safety of legal visitors to the property (but not necessarily to trespassers). They must repair or warn of any dangerous conditions they find.
They also owe invited guests, such as customers, the obligation to inspect for non-obvious dangerous conditions, such as rotting floorboards, and either repair or warn about them. Sometimes a warning is not enough–actual repair is required.
How to Determine Fault for Your Slip and Fall Case
To determine fault in a New Jersey slip and fall case, determine whether the property owner was negligent under premises liability law. Did the owner negligently fail to ensure safe conditions? Were you partially at fault? You might need to launch an investigation and conduct pre-trial discovery.
What Types of Damages Can I Claim After a Slip and Fall Accident?
You can seek economic and non-economic damages for your financial and emotional harm.
Your damages may include the following:
- Medical bills
- Estimated future medical expenses
- Lost earnings
- Diminished earning capacity (in cases of long-term disability)
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Various other kinds of noneconomic damages
In cases where the defendant’s conduct was outrageous, you might even qualify for punitive damages.
How Does Product Liability Work in a Monmouth County Slip and Fall Accident?
Perhaps you can trace the cause of your slip and fall accident to a defective product. Maybe a department store escalator malfunctioned, for example, due to a manufacturing defect. If you can establish the existence of a manufacturing defect (or a design defect, or inadequate product warnings), you might have a product liability.
Can I Still Receive Compensation if I’m Partially at Fault for the Accident?
Yes, as long as your percentage of fault for the accident does not exceed 50%. New Jersey is a modified comparative negligence state. If your percentage of fault (as determined by a court) is anywhere between 51% and 99%, you will not receive compensation and may have to pay the opposing party’s damages.
If your percentage of fault lies between 1% and 50%, you will receive partial damages in proportion to your percentage of fault. If you were 30% at fault, for example, you would lose 30% of your compensation. At the settlement table, the two sides will have to bargain these percentages based on the strength of evidence and support for claims.
How Do Weather Conditions Affect Slip and Fall Accidents and Liability in Monmouth County?
Sometimes an accident is nobody’s fault. An accident caused by inclement weather might be nobody’s fault, for example. On the other hand, you might argue that the defendant should have taken precautions to avoid an accident-–by taking a snow shovel to their parking lot, for example.
Can I Sue a Government Entity for a Slip and Fall in New Jersey?
Yes, you can sue the local, state, or federal government for a slip and fall accident. However, these cases may differ from slip and fall claims brought against individuals.
Beware—special deadlines, procedures, and restrictions apply to suing the government. Check the New Jersey Tort Claims Act and the Federal Tort Claims Act for details and consult a personal injury attorney.
How is Pain and Suffering Calculated in a Slip and Fall Case?
There are three main ways to calculate the value for a pain and suffering claim, at least during settlement negotiations–the per diem method, the multiplier method, and insurance company software.
- Under the per diem method, you calculate a daily value for your pain and then multiply it by the number of days you suffered.
- Under the multiplier method, you choose a ‘multiplier’ between 1.5 and 5 and multiply it by your total medical expenses.
- The insurance company might use software such as Colossus, which is biased in favor of the insurance company and regularly spits out “lowball” settlement offers. Don’t let these software programs intimidate you–they are just tools that insurance companies use to justify inadequate settlement offers.
Pain and suffering damages often amount to more than 50% of the total value of a personal injury claim.
Can Family Members Sue for Wrongful Death in a Slip and Fall Accident?
Only the executor (personal representative) of the victim’s probate estate can file a New Jersey wrongful death claim. If the victim had a last will and testament, it often names the executor. If it doesn’t, or if the deceased victim did not leave a will, the probate court will appoint the executor. Typically, the executor is a close family member–the victim’s spouse, child, or parent.
How Long Do I Have to Bring a Personal Injury Lawsuit After a Slip and Fall?
In New Jersey, you typically have two years to bring a personal injury lawsuit against an at-fault party. If you fail to bring your claim in time, you may be barred from recovering damages for your slip and fall accident injuries.
Contact Our Monmouth County Slip and Fall Accident Lawyers to Schedule a Free Case Consultation
Insurance companies and personal injury defendants absolutely love injury victims who exercise their constitutional right to represent themselves. By representing yourself, you drastically decrease your odds of winning. Even if you do “win,” winning might mean a woefully inadequate settlement.
Contact our Monmouth County slip and fall accident lawyer at Noonan Personal Injury Lawyers, LLC by calling (732) 303 7857 anytime 24/7. Alternatively, you can reach out to us online to discuss your Monmouth County, NJ slip and fall case. Our consultations are free of charge, and we won’t charge you a penny in legal fees unless we win your case.