What Factors Can Weaken My Slip and Fall Case?
Experienced Premises Liability Lawyers Fighting for Injury Victims Across New Jersey
When you are injured in a traumatic accident, it is easy to second-guess yourself: Was the accident my fault? Was there something I could have done differently? Do I really deserve to be compensated for my losses?
When these types of questions creep into your mind, it is critical that you not let them take control. Your injuries could have costly consequences for years to come, and you need to protect your rights as much as possible. While there are certain factors that can weaken a slip and fall accident claim, most of them come into play after the accident.
Five Factors that Can Weaken a Slip and Fall Case in New Jersey
While the following factors can make it more difficult to secure compensation for a slip and fall accident under certain circumstances, none of them are flat-out bars to securing a financial recovery. You should not make any decisions or assumptions about your rights until you speak with an experienced attorney.
1. You Knowingly Put Yourself at Risk
Under New Jersey law, if your own negligence contributed to your injuries, this could weaken your claim for compensation. But, as long as you were not more at fault than the property owner, you will still be entitled to at least a partial recovery.
2. You Were Trespassing
For purposes of slip and fall compensation claims, New Jersey law treats trespassers differently from those who are lawfully on someone else’s property. While property owners owe a legal duty to protect their guests and business invitees from harm, they owe a much lesser duty to those who are trespassing without consent.
3. You Failed to Seek Medical Attention
When you are injured in any type of accident, it is important to seek medical attention as soon as possible. If you do not have medical records demonstrating that you sought prompt medical attention for injuries consistent with a fall, this could make it more difficult to pursue a claim for maximum value.
4. You Waited Too Long to Seek Legal Representation
In addition to seeking prompt medical attention, there are other steps that you need to take in order to protect your rights. You will also need to have someone investigate and collect evidence. If you wait too long to file a claim, you could lose your rights entirely. An experienced attorney will be able to help you avoid unknowingly jeopardizing your rights.
5. You Gave the Insurance Company Damaging Information
Finally, after a slip and fall accident, you need to be careful not to speak with anyone other than your attorney about what happened. You do not want to give a recorded statement to the insurance company, and you do not want to post photos or statements on social media that the insurance company may be able to use against you.
Injured in a Slip and Fall Accident? Contact Us Now for a Free Consultation
If you have been injured in a slip and fall accident in New Jersey, contact the Law Offices of Jeffrey S. Hasson, P.C. for a free, no-obligation consultation. Our attorneys have decades of experience and have recovered millions of dollars for their clients’ losses. To learn more about what you need to do to protect your rights, call (201) 928-0300 or contact us online today.