Cherry Hill Slip and Fall Lawyers
Slip and fall accidents occur unexpectedly, leaving individuals with serious injuries and mounting medical bills. These incidents can happen anywhere—in grocery stores, restaurants, office buildings, or even on public sidewalks. The aftermath of a slip and fall accident can be overwhelming. You may be dealing with painful injuries, time away from work, and significant financial strain.
At Pressman, Doyle, Bloom, & York, our Cherry Hill slip and fall lawyers help injured clients recover compensation for accidents that were not their fault. We can thoroughly investigate the circumstances of your accident to build a strong claim on your behalf.
What Compensation Can I Recover in a Slip and Fall Case?
That depends on the specifics of your case. Medical expenses are typically the primary component of recovery, including emergency room visits, hospital stays, surgeries, physical therapy, medication, and ongoing treatment costs. Lost wages are another significant factor if your injuries prevent you from working temporarily or permanently.
Additionally, you may be entitled to compensation for pain and suffering, which addresses the physical discomfort and emotional distress caused by your injuries. In cases involving long-term or permanent disabilities, you might recover damages for diminished earning capacity and life quality changes. Property damage, such as broken personal items during the fall, may also be included in your claim.
What Evidence Is Most Important to Collect After a Slip and Fall?
The strength of your slip and fall case often depends on the quality of evidence collected.
- Photographs of the accident scene, including the specific hazard that caused your fall, are invaluable. These images should capture the condition from multiple angles and distances to provide context.
- Documentation of your injuries through medical records and photographs is also vital.
- Witness statements from people who saw the accident occur or were familiar with the dangerous condition can provide important corroboration.
- Incident reports filed with the property owner or manager, along with any video surveillance footage, can establish the timeline and circumstances of the accident.
- Your clothing and footwear from the accident should be preserved as they may become evidence.
What if I Was Partially at Fault for My Slip and Fall Accident?
New Jersey follows a modified comparative negligence rule, which means you can still recover damages even if you were partially responsible for your accident—up to a certain point. Under this rule, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you cannot recover any damages. Common allegations of partial fault include not watching where you were walking, ignoring warning signs, wearing inappropriate footwear, or entering restricted areas. Our Cherry Hill slip and fall lawyers can work diligently to counter these claims and minimize any assignment of fault to maximize your recovery.
Can I Still Pursue a Claim if I Did Not Seek Immediate Medical Attention?
While it is always recommended to seek medical attention immediately after a slip and fall accident, you can still pursue a claim if you delay treatment. However, this delay may present challenges to your case. Insurance companies often argue that delayed medical care indicates less severe injuries or suggests the injuries occurred through other means. To strengthen your case despite delayed treatment, document when symptoms appeared or worsened and explain why you did not seek immediate care. Maintain consistent medical treatment once you do see a doctor, and be honest with healthcare providers about your symptoms and their onset.
How Do Landlord-Tenant Relationships Affect Slip and Fall Liability?
Landlord-tenant relationships create specific obligations regarding property maintenance and safety. In New Jersey, landlords are responsible for maintaining common areas like hallways, stairs, and parking lots. They must address known hazards and conduct reasonable inspections to discover potential dangers.
Tenants generally bear responsibility for maintaining safe conditions within their rented spaces. However, landlords may still be liable for hazards within rental units if they result from structural issues, code violations, or problems the landlord knew about but failed to repair. These nuanced liability questions require thorough legal analysis.
What Are the Differences Between Settlement Negotiations and Going to Trial?
Most slip and fall cases resolve through settlement negotiations rather than trial. Settlements offer faster resolution and lower legal costs. The negotiation process involves presenting your case evidence to the insurance company and responding to their offers until they reach an acceptable amount.
Trials, while less common, may be necessary when settlement offers are inadequate or liability is contested. Trials involve formal courtroom proceedings with testimony, cross-examination, and a judge or jury decision. They offer the potential for higher compensation but come with increased time, expense, and uncertainty.
How Do Insurance Companies Typically Defend Against Slip and Fall Claims?
Insurance companies employ various strategies to minimize payouts on slip and fall claims. Common defenses include questioning the hazard’s existence or visibility, claiming the danger was open and obvious, arguing you were distracted or careless, suggesting your injuries existed before the fall, or asserting that the property owner had no knowledge of the dangerous condition. Insurers may also use surveillance to document your activities, request extensive medical records to find pre-existing conditions, or delay proceedings, hoping you will accept a lower offer out of frustration. Our Cherry Hill slip and fall lawyers anticipate and counter these tactics, fighting to protect your rights.
What Unique Challenges Exist for Slip and Fall Cases in Retail Environments?
Retail environments present particular challenges for slip and fall cases. Stores often have established cleaning and inspection protocols they can point to as evidence of reasonable care. The transient nature of hazards in busy retail settings, such as spilled liquids or fallen merchandise, can make it difficult to prove how long the condition existed. Additionally, most retail locations have surveillance systems, which can either help or hurt your case, depending on what they capture. Our Cherry Hill slip and fall lawyers understand these challenges and develop strategies to address them effectively.
Experienced Cherry Hill Slip and Fall Lawyers at Pressman, Doyle, Bloom, & York Will Stand by Your Side After an Injury Happens
Our Cherry Hill slip and fall lawyers at Pressman, Doyle, Bloom, & York fight tirelessly for the full compensation our clients deserve while providing compassionate support during difficult times. For a free consultation, call 856-843-8990 or submit our online form. Located in Milmont Park, Pennsylvania and Cherry Hill, New Jersey, we serve clients in Pennsylvania and New Jersey.