How Do Slip and Fall Claims Differ from Other Types of Lawsuits?
Did you fall on someone else’s property? You need a NJ Slip-and-fall attorney fighting for you!
While slip-and-fall claims are in many ways similar to other types of personal injury lawsuits, there are some important differences as well. If you have been injured in a slip-and-fall accident in New Jersey, here are four key facts to know about your claim for financial compensation:
1. Negligence Does Not Result in Immediate Injury
In most personal injury cases, there is an immediate link between one person’s negligence and another person’s injury. Take a car accident, for example: When a driver fails to stop at a red light (or makes any other common driving mistake), this causes an accident right away. Both parties are at the scene, and both parties are directly involved in the incident that leads to the victim’s injuries.
Slip-and-fall cases tend to be different. In fact, it could be hours, days, or even weeks before a dangerous property condition leads to an accident. Property conditions can also deteriorate over time (such as crumbling steps), and injury victims will still be equally entitled to seek financial compensation.
2. Two Different Types of Compensation Claims
Where did you fall? If you fell at a store or restaurant, you may have a claim based upon the law of personal injury. If you fell at work, you may have a claim for workers’ compensation. There are several important differences between personal injury and workers’ compensation claims, and knowing which type of claim to file (or, if you should file both) will be critical to ensuring your financial recovery.
3. Special Rules for Invitees, Licensees, and Trespassers
Perhaps the most unique factor in slip-and-fall cases is the law’s distinction between “invitees,” “licensees,” and “trespassers.” When it comes to personal injury claims, slip-and-fall accident victims will have different rights depending upon their reasons for being on the premises where they were injured. Invitees, such as shoppers who are patronizing a store, receive the greatest protections, while trespassers may not be entitled to any protections at all.
4. Importance of Collecting Evidence at the Scene
Finally, due to these and other factors, it can be especially important for slip and fall victims to try to collect evidence at the scene of the accident. If you fell in a vacant stairwell or empty store, there might not be any witnesses who can corroborate your story. But, this does not mean that you should be prevented from pursuing a claim for compensation. Report the accident to the property owner or tenant immediately, take photos with your phone, tell your doctor exactly what happened, and follow these other steps for documenting your slip-and-fall accident claim.
Contact the Law Offices of Jeffrey S. Hasson, P.C. | NJ Slip-and-Fall Accident Lawyers
With offices in Teaneck, the attorneys at the Law Offices of Jeffrey S. Hasson, P.C. handle slip-and-fall accident claims throughout the Bergen County, Hudson County, and Union City areas. If you were injured in a fall and would like more information about your legal rights, call (201) 254-8484 or contact us online to schedule a free consultation today.