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It is important to be aware of your rights after being injured on someone else’s property. You can file a claim or lawsuit against an owner or occupier if you were injured due to their negligence. Work with a New Jersey premises liability lawyer to learn how you can settle your slip and fall claim.
Premises liability is the legal concept that makes the owner or occupier of a property liable for any accidents or injuries that occur on their property due to their own negligence. This law makes property owners legally responsible for maintaining reasonably safe and hazard-free conditions. If a guest of the property, whether it be someone visiting a friend’s house or a patron at a retail store, is legally allowed to be on the premises and is not trespassing, they are protected by this law.
For example, consider a clothing store where a step on the staircase is broken. If a customer, during business hours, falls because of the broken step and injures themselves, the property owner or manager can be held legally responsible. However, if a person breaks into the store after business hours with the intention of committing theft and injures themselves on the staircase, they are likely not protected by premises liability laws.
If you were injured in a slip and fall accident, the following are the general steps to take to settle a claim.
While you are not legally required to obtain a lawyer when filing an insurance claim it can prove extremely beneficial. They can assess your case to determine what you need to file a successful claim as well as help collect and organize evidence. During a claim, evidence of your accident is crucial. Try to take photos at the scene including the conditions of the area, hazards, visible injuries, etc. Document all medical records and expenses and obtain copies of the police or accident report.
When you have sufficient evidence, file a claim with the liable party’s insurance. The insurance company will likely try to minimize the amount of compensation they have to give you or attempt to deny your claim. If they offer you a settlement amount, you can negotiate with the help of your lawyer. Do not accept a lowball offer, consult your attorney on the best way to counter. The negotiation process can be time-consuming.
If you are able to reach a suitable agreement, you can sign their offer and accept the settlement. However, if the insurance company denies the claim or you cannot agree on an amount, you may have to resort to litigation.
You can file a lawsuit against the liable property owner, given that you did not sign an insurance settlement which waives your right to pursue further legal action. After presenting both sides in court, a judge or jury will determine how much, if any, compensation to award. Speak with an experienced lawyer for more information and representation.
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