Hazlet Slip and Fall Lawyers

Millions of Americans suffer slip and fall injuries each year. While accidents may be unavoidable in certain circumstances, some falls are the result of someone else’s negligence. When this happens, you may be able to file a slip and fall claim to seek compensation for your injuries. It is far from guaranteed that you would receive any money in your case, let alone the full amount of compensation you deserve. Thus, you should hire a slip and fall accident lawyer to represent you in the legal process as you seek to hold the property owner accountable. 

Common Causes of Slip and Fall Accidents

Any unexpected hazard that is in your path can catch you unaware. Common causes of slip and fall accidents include:

  • Wet or slippery floors
  • Inadequate lighting
  • Cracked or broken flooring or pavement
  • Missing handrails
  • Loose strings in the carpet
  • Debris in a walking path
  • Failure to clear snow and ice

Common Injuries in Slip and Fall Accidents

Slip and fall injuries can be far worse than you think. You may have suffered one or more of the following injuries:

  • Broken or fractured bones
  • Soft tissue injuries
  • Internal injuries
  • Herniated disc or other back injuries
  • Spinal cord injury
  • Traumatic brain injury
  • Cuts and lacerations

It is essential that you get your slip and fall accident injuries treated immediately. If you wait too long to get medical treatment, the insurance company may question the fact that your injuries were caused by the fall. For example, if you are claiming a neck injury, the insurance company may say that you had a different condition, and you were not hurt by the fall. In addition, you have a legal responsibility to mitigate your own damages by getting prompt medical treatment.

How to Win a Slip and Fall Accident Case

Like any other personal injury action, you would need to prove that someone was negligent in the accident. In most cases, you would sue the property owner. In some instances, the owner has leased the premises out to someone else, and you would sue the person who had control of the property at the time of your accident. In a slip and fall case, there are two ways to prove that someone was negligent:

  • You can prove that the defendant was directly responsible for the hazard being in your path.
  • You can prove that the defendant knew or should have known about the hazard that someone else created, and they failed to remedy it within a reasonable amount of time.

Helpful Evidence in a Slip and Fall Claim

As the person who is seeking compensation, you have the burden of proof to demonstrate that someone else was negligent. You would need to prove your case by a preponderance of the evidence. Although this standard is a lower one than beyond a reasonable doubt, you still need to have evidence that shows liability. Nonetheless, it may be difficult for you to gather evidence that you need to win your case at the scene because you are hurt, making it even more crucial that you hire a slip and fall lawyer very shortly after the incident. 

Evidence that you can use to prove negligence includes:

  • Statements from witnesses who saw your fall
  • Pictures of the scene of the accident
  • The police report written by the officer who was called to the scene
  • Video footage of the accident
  • The internal report of the incident written by the property owner
  • Testimony from an accident reconstruction expert

Some of the evidence that you need to win your case may be in the hands of the responsible party. When you hire a slip and fall accident lawyer, they would direct the responsible party to preserve this evidence in advance of litigation. If you are forced to file a slip and fall lawsuit, you will be able to obtain this evidence during the discovery process.

Damages in a Slip and Fall Case

Your slip and fall claim may be worth more than you think. Anytime that you have suffered a physical injury in an accident, you may be looking at high expenses and damages. Slip and fall accident damages include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Emotional distress

You would likely have to negotiate compensation before you can reach a settlement agreement. You can always expect that initial settlement offers would be for less than the full amount you deserve. Your slip and fall lawyer would give you advice about whether to continue negotiating with the insurance company or to file a lawsuit in court. 

What Challenges Will I Face in a Slip and Fall Case?

Insurance companies often take a “prove it” attitude towards slip and fall cases. They see many of these claims very often. In some instances, the insurance company will err on the side of denying a claim because they are more skeptical of slip and fall cases than they are of other types of personal injury actions. You may need to overcome some common defenses that property owners and their insurance companies may use to try to blame you for the accident or escape liability, including:

  • You were not taking the appropriate amount of care of yourself.
  • The danger that caused you to fall was open and obvious.
  • You were distracted at the time of the accident.
  • There was no way that the property owner could have known of the danger in time to take prompt and reasonable action.

Then, the insurance company may also do whatever is in its power to minimize the extent of your injuries. Since these accidents are common, the insurance company may claim that it was “just a fall” when the reality is that you were seriously injured. You would need the help of an experienced slip and fall lawyer to deal with the insurance company. Our firm will stand up for your legal rights while we provide you with personalized attention. 

Contact a Hazlet Slip and Fall Lawyer at Mikita & Roccanova for Help with Your Case

A Hazlet slip and fall lawyer at Mikita & Roccanova can provide you with vigorous legal representation when you have been injured on the property of another. However, it is essential that you contact us as soon as possible after your fall so we can provide you with the most effective counsel. To schedule a free initial consultation, contact us online or call today at 732-705-3363. We have office locations in Hazlet and Highland Park, New Jersey, and we proudly serve clients in Ocean County, Sussex County, Neptune, Middlesex County, and Pennsylvania.