Can a New Jersey Premises Liability Attorney Help Me if I Was Hurt on Someone Else’s Property?
Have you ever slipped on a patch of ice or tripped over some loose carpet? Many people associate falls with minor cuts and bruises. However, a fall can actually result in serious, life-altering injuries. In fact, one out of five falls causes a serious injury, according to the Centers for Disease Control and Prevention (CDC). A slip and fall can result in broken bones and head injuries, making it difficult to do everyday things or go back to work.
If you were injured on someone else’s property due to the negligence of the owner, you may be able to receive compensation for your losses. Our New Jersey premises liability attorneys at Peter N. Davis & Associates, LLC are experienced with handling premises liability cases and are ready to fight for you.
Our legal team will help you understand what to expect during a premises liability case and walk you through the complicated steps of filing a claim or lawsuit.
Common Causes of Premises Liability Accidents
New Jersey premises liability law states that owners and occupiers of property who allow people to come onto their property may be held legally responsible for any accidents and injuries that occur.
The owner of the property is responsible for maintaining safe conditions for his/her guests. This means he/she must repair hazards and/or put up signs warning guests of any threats that can’t be fixed immediately. Before we take you through the steps of filing a claim, here are the most common causes of slip and fall accidents:
- Ice or snow on a walkway
- Wet surfaces
- Insufficient railings
- Poor lighting
- Unmarked obstacles
- Loose wiring
- Uneven flooring
Steps to Filing a Claim
After a slip and fall, it is important to follow these steps in order to give yourself the best chance of receiving compensation for your losses.
1. Seek Immediate Medical Attention
Even if you believe your injuries are minor, it is very important to receive a medical evaluation after an accident. Some injuries may take days or even weeks for pain to arise.
2. Fill Out an Incident Report
Before leaving the premises, an incident report should be given to you by the owner or a manager to fill out. If not, be sure to ask for one, so it’s in writing that you reported your accident.
3. Take Photos / Get Contact Information
Collecting evidence of the property owner’s negligence that caused your injury will be extremely helpful when your attorney is building your case. If possible, take photos of the hazardous conditions and get statements and contact information from any witnesses.
4. Speak With a New Jersey Premises Liability Attorney
This type of case is hard to handle alone. An attorney can help you file a claim or lawsuit, if necessary, and navigate the complex legal system.
Slip and Fall Statute of Limitations in New Jersey
While the majority of premises liability claims are settled outside of court, you may be able to file a lawsuit against the property owner if you’re unable to reach a fair settlement agreement.
In the event that filing a lawsuit becomes necessary, it’s important to know your state’s statute of limitations. A statute of limitations is the amount of time allotted for an injured victim to file a lawsuit in order to receive compensation. The statute of limitations in New Jersey for premises liability cases is two years.
In other words, starting from the date of your accident, you have two years to file a premises liability lawsuit. For this reason, it is important to file your insurance claim as soon as possible after your accident. Insurance claims can take months to settle. If for some reason, your claim doesn’t settle after months of waiting, you now have less time to file a lawsuit to seek compensation.
Do I Need to Write a Demand Letter?
The owner or manager of the property where you fell may try anything to avoid a lawsuit. Sending a demand letter will let the owner know you aren’t going away.
In your demand letter, you should:
- Go over the accident in detail
- Ask for a fair amount of damages by a set date
- Threaten legal pursuit
- Be polite
Writing a demand letter can be tricky. You don’t want to come across as too threatening, or too polite. You also don’t want to incriminate yourself by using language as simple as, “I’m sorry for the inconvenience my accident caused.”
For these reasons, it is important to consult a New Jersey premises liability lawyer for help. Our attorneys will assist you in writing a demand letter that will ensure the property owner knows you mean business.
Ready to Talk? So Are We!
A premises liability case is a difficult legal matter. Receiving the maximum amount of compensation you deserve can be challenging to do without an experienced attorney fighting for you.
If you or a loved one has suffered an injury on someone else’s property, the attorneys and staff at Peter N. Davis and Associates, LLC are ready to help you. We will walk you through everything you need to know about filing a slip and fall lawsuit.