Slip and Fall Attorney in East Orange NJ
Understandably, you might be wondering how much you will receive in your settlement after your slip and fall case. There are some important things for you to understand about these types of personal injury cases to clarify how much compensation you will receive and what you can do to increase your settlement.
Businesses and homeowners have an obligation to keep their property safe for guests, and guests have a duty of care to property owners to follow safety rules and common sense. But a trip and fall accident can happen when a business or property owner does not take care of things such as cracked, uneven pavement or an upturned rug that leads a person to trip and fall. Read on to learn how Newark slip and fall attorneys can help you.
What is the average settlement for a slip and fall accident?
In New Jersey, the total cost of older adult falls in 2014 was $1,349,000,000 and accounted for $912 million in Medicare spending. These included hospital fees, nursing home care fees, and costs related to rehabilitation medical equipment and prescription drugs.
Each case is different, and how much you get in your personal injury lawsuit is going to depend on a couple of factors. First, whether or not you will require future medical treatment for your New Jersey slip and fall injury. Slip and fall accidents can cause significant injury that can affect the victim for the rest of their life. Victims often need follow-up care in New Jersey. For example, if you broke your hip in a slip and fall accident, then you will need at least several weeks or months to learn how to walk on your new hip after you have been injured.
The age of the victim and their health prior to the slip and accident are also taken into consideration. A person who was very active, young, and healthy would be more likely to recover from their slip and fall injuries than an elderly person who is already struggling with mobility. This is why New Jersey slip and fall accidents need to be handled individually by slip and fall lawyers who are knowledgeable in premises liability law in Newark.
The best thing to do is to contact the law office that you are interested in representing you and ask them how much they have won for their slip and fall clients. You want to pick a New Jersey fall accident attorney who has a strong and winning record representing their clients.
What damages can I recover?
Because slip and fall accidents in New Jersey often involve serious injuries such as broken bones, they can be quite painful to recover from. A slip and fall injury may also prevent you from working, getting around on your own, or participating in activities that are meaningful to you. If you have been injured in a fall accident, then you may be entitled to compensation under premises liability law. Slip and fall attorneys have experience in dealing with insurance companies and determining liability. If you have mounting medical bills, then you need a slip-and-fall attorney right away.
Our Newark, New Jersey premises liability accident lawyers can help you recover damages from the property owner or other liable party for your pain and suffering as well as medical expenses and lost wages related to your Newark slip and fall. Injury victims that are still unable to work should contact a slip and fall lawyer about future lost wages, which compensates the victim for money that they would’ve made had the property owner not been negligent and the accident not happened. Contact us today to schedule your free consultation to speak with one of our slip and fall injury attorneys.
Should I get a lawyer for a slip and fall?
In order to win a slip and fall claim, you must prove the property owner’s negligence or some other form of negligence that proves that that particular person or owner is legally responsible for your injuries. An attorney investigates your claim by figuring out who the potentially liable parties are and then narrowing it down to the parties who were actually negligent.
A personal injury lawyer can help you build a claim and establish fault by proving that the property owner was negligent. A lawyer with extensive experience in Newark slip and fall cases knows that the lawyers for the defendant will claim that the victim missed a step, or was wearing footwear that was inappropriate for where they were walking, or they were not holding onto a handrail. Sometimes they even claim that victims were using a cell phone or were otherwise distracted when the accident happened or were carrying something that threw them off balance or obstructed their view.
How much is pain and suffering worth in a slip and fall?
How much you receive in pain and suffering compensation is based on the severity of your injuries. Because there’s no way to assess or test a person’s level of pain, a personal injury attorney can bring in an expert witness who can inform the judge and jury, or the insurance company, about the injuries and the typical amount of suffering that patients often face. For example, they may discuss the details of a hip surgery as well as the difficulties to be faced in physical therapy.
Next, the amount of pain and suffering is used to determine a multiplier that is calculated against all of your other economic damages. Your economic damages include costs that you have incurred due to the accident. These include:
- Medical expenses For the initial visit
- Lost wages
- Follow-up medical care
- Future lost earnings
How high the multiplier will depend on the severity of the injuries. For example, if the injuries required surgery for a fractured hip, then that person will receive higher compensation than someone who experienced only a sprained wrist after their accident. Because the severity of a hip fracture is much higher than a sprained wrist, the attorney could argue for an increased settlement to compensate for the pain and suffering their client has experienced.
How much time do you have to sue after a slip and fall?
The law has protections built into it to prevent people from being accused and convicted of crimes based on evidence that has deteriorated over the years, including memories, which have been neuroscientifically proven to deteriorate over time. Memory accuracy drops every year after an accident or a major event. Bruises heal, and new injuries occur.
That is why the law has what are called statutes of limitations. These are set time periods that people have to bring forth a personal injury suit against someone they believe is liable for their injuries. Every state sets its own statute of limitations for how long someone has to bring forward a suit. In the state of New Jersey, the statute of limitation for personal injury cases is two years from the date of the accident for the person who is injured to file a lawsuit against the person or entity responsible for the slip and fall accident.
What should I expect during my slip and fall case?
When you work with your slip and fall accident attorney you will very likely be responsible for ensuring that they receive your medical records, copies of your wages or salary to determine how much you should be compensated for those and, of course, explaining exactly what happened as accurately as you can recall. Among the many questions that you will be asked about your slip and fall accident are:
- Where did your slip and fall injuries occur?
- What body part hit the ground first?
- Did you see any obstructions, ice, puddles, or any other slick areas?
- Which part of your body slipped first? A hand on a handrail? A foot?
- Were you carrying anything at the time? If so, what was it? How big was it and how much did it weigh?
- What shoes and clothes were you wearing?
- What length were the pants or skirt you were wearing?
- Where were you looking?
Your attorney may also want to know how your injuries have changed as you have healed. It is important to keep a diary of your recovery that includes relevant information such as your mobility, pain, and whether or not you attended physical therapy. Taking pictures of your recovery can also help your case as they provide hard evidence of your injuries and healing.
The Newark Slip and Fall Lawyers at Goldstein & Goldstein
When it comes to a slip and fall accident case, you want to pick an attorney with several years of experience. Not all personal injury attorneys share the same practice areas. Some attorneys focus on other practice areas within personal these types of tort laws, but at Goldstein & Goldstein, LLP we have a combined 40 years of experience with premises liability and personal injury cases.