Elevator and escalator accidents. Premises liability cases are not trivial matters and the injuries you may incur can be serious or even lead to wrongful death. Most cases we handle end in settlements because it is usually the most efficient and cost-effective way to resolve a fall injury victim's claim, and typically leaves all parties satisfied. Investigation revealed that the substance was due to the negligence of an employee of a subcontractor of the hospital and the case was settled prior to trial. Our attorneys have extensive experience in the personal injury section of the law. So, when I was injured in an auto accident he was the first person I called. Holding a Property Owner Accountable for a Slip and Fall Accident in a Parking Lot. For those sidewalks that are on private land, your best chance of recovering compensation for a fall injury on them would be to hire an attorney and figure out how to prove that the entity responsible did not meet their minimal duty of care to you, causing your injury. Most of the time however, if you miss your two-year deadline, the New Jersey courts will be forced to refuse your case, barring you from compensation forever. These time limits set by the specific statute of limitations may vary in different types of cases. Our firm has a proven track record of successfully negotiating settlements and winning jury judgments for accident victims. Cape may slip and fall law firm long beach. 00 that helped our client and her family get back on their feet and provided a measure of financial security for them. In New Jersey, the comparative fault laws are very similar to New York's comparative fault laws, but with some important distinctions.
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Photographs and video surveillance revealed a gap between the entrance threshold and the mat. Personal Injury | Slip and Falls | Northfield, NJ | Cape May, NJ. New Jersey law allows people who slip and fall on a business's sidewalk to sue for damages, but in this case, the fact that the salesman was working from home did not make his residence a commercial business property. Document all of the details (with pictures/video, in writing, etc. With about 100, 000 residents, Woodbridge has several large malls and many other retail outlets. In some cases, the family of an injured person can also seek "loss of consortium" damages.
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The bottom line is that, in order to ensure all responsible parties are brought to justice, be sure to contact a personal injury attorney after your accident. Because the homeowner refused to relent, we proceeded to a hearing where it was determined that the homeowner was at fault and our client was awarded the entire policy limit of $500, 000. If you have been injured due to the negligence of another person, you should not have to suffer from those injuries or the bills that go along with them. If someone you love has lost their life due to someone else's negligence that caused them to fall on a sidewalk, you may be able to recover damages to cover all expenses that stem from the incident, and to compensate those who have been affected by the death. Cape Cod Personal Injury Lawyer. Reaching a Settlement. If so, you may be entitled to damages under Massachusetts law, including compensation to cover your medical expenses, lost wages, and pain and suffering. Reaching a settlement is the most likely outcome of personal injury cases.
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Let's look at Liliana Arrunategui v. Fairview Cemetery Co. of New Jersey as a real-life example of a sidewalk fall settlement. Cape Cod Slip and Fall Accident Lawyer | Sweeney Merrigan, LLP. We offer free consultations at our offices in Hyannis and Plymouth. Defective or dangerous products. Our Law Firm has Recovered Over $100 MILLION Dollars for over 11, 000 Injured Clients since 1976! If you have been injured due to unsafe conditions on someone else's property, you need to contact a skilled and aggressive Cape Cod personal injury attorney without delay. 'Results may vary depending on your particular facts and legal circumstances'**. Sidewalk injury liability can be very tricky due to the complexities that are inherent in their location and placement.
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Under New Jersey's "modified" comparative fault laws, a claimant may recover damages as long as they are not at majority fault for an incident. We are passionate about helping clients with everything they might need – including honest and straightforward answers to their most pressing questions. You and your attorney will have to figure out whether you have any liability in your own case, how much of that is attributed to your own negligence, and how much negligence was on the part of someone else. Uneven or broken pavement. This is where an attorney's knowledge of prior settlement amounts and negotiation skills will be valuable to your case. Slip and fall attorney near me. We learned that the owner was aware of the defect but only bothered to fix the down spout in the front of the building and not by the employee entrance where our client slipped. This is often a property owner that failed to keep the premises in a safe condition. We filed a lawsuit to uncover all the information surrounding the fall.
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This callous act exposed our client to grave danger and horrific injury. Falls are more than just embarrassing. But through the insurance claim option, the insurance company's own people will investigate the accident, and determine whether or not their policyholder was truly at fault for your fall on the sidewalk. Slip and fall lawyers nj. Lawsuits can easily be the most time consuming, mentally draining, and financially demanding. Initiating a lawsuit requires your attorney to submit a formal "complaint" to the court to clearly state why the defendant was negligent and how your injury resulted from that negligence. It does not matter how or why a person enters a property, the owner may be held responsible should an injury result from any hazards. Keep in mind that a lawsuit will likely require the most amount of work.
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The total awarded damages amounted to $335, 000, of which she received $268, 000 because, under New Jersey's comparative negligence rule, the jury found her 20% liable and the cemetery 80% liable for the injury. We have represented many clients who were hurt in accidents caused by another. I was devastated because due to my fall I had fractured my leg and was unable to work. These types of cases are almost entirely governed by what is known as premises liability. Do not give verbal or written statements to anyone. Anyone who does not fit into the category of a business invitee or a licensee usually does not have permission of any kind to be on the property, and will fall under the category and visitor status of a "trespasser. " Even though the accident wasn't my fault they made me feel like I was the one was to blame. 00, and workers' compensation results. Incorrectly stored merchandise that falls from shelves. Written By:Adam H. Rosenblum. Some exceptions that may apply are as follows: - You are a minor at the time of the incident.
Rosenblum Law Firm, May 12, 2022. After the incident, she was taken to the hospital by an ambulance, where a doctor discovered that she had a very serious displaced comminuted fracture of the right knee cap. During the surgery, something went wrong and Arrunategui was left with a permanent limp. In New Jersey, the statute of limitation for personal injury lawsuits is two years, which means from the time of your fall accident, the clock starts ticking. The owner or manager of a property does not have the same duty of care to these types of visitors on their property. This person or entity will also generally have liability insurance to cover accidents that occur due to their own negligence. The tree trunk landed on our client, pinning her underneath the tree and causing an open fracture to her foot and other injuries.
The good news is that your attorney should take on most, if not all of the stress and "heavy lifting, " so that you can focus on recovering from your injuries. The area became very dangerous and you could not see the ice. Helping You Seek The Compensation You Deserve Following A Personal Injury. An example of this is when landlords hire third-party maintenance or property management companies to carry out daily tasks for them. The duty of care by a landlord depends on the status of the visitor.
Whether you have suffered a head injury, broken bones, back injury, scarring, disfigurement or any other serious injury, we will answer your personal injury questions and work tirelessly to help you get the best possible settlement. Let's take a look at the main options you have when pursuing a sidewalk fall injury case: - Filing an insurance claim. We were able to secure a recovery for our client in the amount of $ 450, 000. Investigation uncovered that the tree had been visibly dying for years and even had large holes in the main trunk area. Defective and poorly maintained elevators and escalators. E-mail or call 888-815-3649 for a free consultation. A formal complaint will prove these aspects by using all of the detailed facts from your accident in accordance with New Jersey law.