Slip and Fall Accident Attorneys in Roseland

If you were injured in a fall on someone else’s property in New Jersey, a Roseland slip and fall attorney can help you seek the compensation you deserve. Slip and fall accidents can result in traumatic and life-changing injuries that require extensive medical treatment and impact your ability to work.

Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with one of our experienced slip and fall accident lawyers. Our firm has recovered over $535 million for our clients through negotiated settlements and trial verdicts, and we’re prepared to help you seek the maximum compensation available for your injuries.

Common Injuries Suffered in Slip and Fall Cases

Slip and fall victims can suffer from serious injuries with long-term consequences, making it crucial that they seek compensation to cover their medical expenses, lost wages, and other accident-related losses. Some of the most common and severe injuries resulting from slips and falls in Roseland include:

• Traumatic Brain Injuries: TBIs occur when the brain strikes the inside of the skull after a blow to the head, such as if you hit your head on the ground or another object when falling, or when an object penetrates the skull and brain. These injuries can cause the brain to swell or bleed, potentially causing permanent physical and cognitive disability.
• Spinal Cord Injuries: SCIs occur when the nerves running along the spinal column become damaged or severed, which can happen if you fall and land badly on your back. These injuries can cause chronic back pain, tingling or numbness in the extremities, or partial or complete paralysis.
• Bone Fractures: Falling is one of the leading causes of broken bones, particularly among older adults. Wrists and forearms are at increased risk as people tend to stretch out their arms in an attempt to brace for a fall. For older adults, falls can also result in dangerous hip fractures.
• Soft Tissue Injuries: The muscles, ligaments, and tendons in your ankles and knees are at risk of strains, sprains, and tears during slip and fall accidents. These accidents can cause the legs to twist in unnatural ways, leading to these injuries.

Types of Property Visitors in Roseland Slip and Fall Cases

Like other states, New Jersey uses the Common Law principle of premises liability when an individual sustains an injury caused by a hazard on public or private property. Under premises liability, the property owner or manager can be held liable for injuries caused by hazards. However, not all visitors to the property are treated equally. Depending on what type of property visitor you are, the property owner may owe you a different level of care:

• Invitees are those on a property for the commercial benefit of the property owner. If you are a customer in a store, you count as an invitee. Property owners owe invitees the highest level of care and must warn them of known hazards, take steps to remedy the hazards, and routinely check for new ones.
• Licensees have permission to be on a property and are there for personal reasons. These visitors are also often referred to as social guests. The level of care property owners owe licensees involves warning them of known hazards that may not be obvious and taking steps to remedy them, but not proactively searching for hazards to fix.
• Trespassers are those who don’t have permission to be on a property. Property owners must warn trespassers of artificial hazards on their property that could result in serious bodily harm. Additionally, they should take steps to prevent children from accessing “attractive nuisances” like swimming pools.

Seeking Compensation After a Roseland Slip and Fall

After a slip and fall injury in Roseland, NJ, you can seek various forms of compensation from the at-fault party. The two main categories of compensation are economic and non-economic damages.

Economic Damages

Economic damages refer to the compensation sought for your losses with tangible monetary value. For example, your past and future medical expenses, lost wages, loss of future earning potential, and modifications to make your home or vehicle accessible after becoming disabled all count toward these damages.

Non-Economic Damages

Non-economic damages refer to the compensation sought for your losses without tangible monetary value. These losses include the physical pain and emotional suffering you experienced because of your injuries, the impact your injuries have had on your life, and the impact they’ve had on your relationships.

While calculating economic damages typically involves adding up bills and estimating future costs, calculating non-economic damages is far more subjective. One of the most popular methods for calculating these damages is to multiply the economic damages by a number between one point five and five, depending on the severity of your injuries.

Modified Comparative Negligence

NJ Revised Statutes Section 2A:15-5.1 outlines the state’s modified comparative negligence rule, which could impact your compensation. Under this rule, the compensation that injured people can receive through a trial award is reduced in proportion to their degree of fault for the accident. And if their degree of fault is more than 50 percent, they cannot recover any compensation for their injuries.

One of the main reasons to work with a slip and fall accident attorney is to push back against the defendant’s claims that you were partly at fault for your injuries.

Deadline for Filing a Slip and Fall Lawsuit in Roseland

Under NJ Revised Statutes Section 2A:14-2, slip and fall victims have two years to file lawsuits against the parties responsible for their injuries. Failure to file your lawsuit within this period will result in the courts barring you from recovering compensation. An experienced slip and fall injury lawyer can handle your case and file your lawsuit. They’ll handle all the details of your case so you don’t have to worry about missing this deadline.

Frequently Asked Questions

Below, you’ll find answers to some of the most frequently asked questions about slip and fall cases in Roseland, NJ.

How can I prove negligence in a slip and fall accident in Roseland?

Proving negligence in a slip and fall accident case in Roseland, Essex County, involves collecting various types of evidence. The evidence must demonstrate that the property owner knew or should have known about the hazard. It must also show that they didn’t take reasonable steps to fix it. For example, if you slipped and fell down stairs because of a loose railing, you may be able to show that the property owner should have known about it because other visitors had reported it before.

Some of the evidence your lawyer may collect to prove negligence in your case includes:

• Accident scene photographs that clearly show the hazard that caused your injuries
• Security camera footage depicting your slip and fall
• Eyewitness statements corroborating your version of events or providing additional information about the hazard or the property owner’s knowledge of it
• Expert testimony explaining how the property owner’s response to the hazard went against industry norms and standards
• Medical evidence outlining your injuries, how they were caused, and the treatments your doctor prescribed for them

What if the property owner claims they didn’t cause the slip and fall accident in Roseland?

If the property owner claims they didn’t cause the slip and fall accident that caused your injuries, it may be more difficult to settle your case. However, settlement offers typically come from the property owner’s insurer, not the owners themselves. If you have solid evidence showing the property owner caused your injuries, their insurer may still choose to settle the case rather than go to trial.

Most personal injury cases settle before trial. However, if the insurance company refuses to offer a fair settlement, our lawyers are prepared to fight for the compensation you deserve in court. We prepare for trial from the start of every case to give our clients the best chance of recovering compensation.

Can I claim compensation if I slip and fall in a private home in Roseland?

You can seek compensation for injuries sustained in a slip and fall in a private home. Seeking compensation for a slip and fall on residential property works the same as seeking it after a fall on commercial property. The main difference is that you are likely a licensee rather than an invitee, so the level of care the property owner owes you may be reduced.

Many slip and fall victims don’t want to sue their friends or family members if they get injured on their property. However, the homeowner typically isn’t personally liable for your losses. Instead, their homeowners or renters insurance would be on the hook for your losses. This allows you to preserve your relationship with the homeowner.

Contact Our Slip and Fall Accident Attorneys Serving Roseland

Were you injured in a slip and fall on someone else’s property? Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with a skilled premises liability attorney about your case. During your consultation, we’ll review the accident details, go over your options for seeking compensation, and answer your remaining questions.