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Slip & Falls

Slip & Falls

By Edward R Weinstein

 

My office represents victims of falls and accidents on a contingency basis, receiving a legal fee only after the case is settled. We also provide a free telephone or in-person consultation regarding your claim. Accordingly, please feel free to review the following information regarding personal injury claims or contact our office by calling 1-732-246-0909 or email.

Slip & Fall • Automobile Accident

 

A store or other commercial facility has a duty to maintain its premises in a safe manner. If a "business invitee" falls due to the facility's negligence, a personal injury claim can be presented. The owner of the premises owes the invitee a duty to exercise reasonable care in maintaining the premises. Failure to use reasonable care is called negligence. In some cases, we will use an expert engineer to identify violations of applicable codes and standards to establish negligence. Despite the high standard of care owned to invitees, an invitee is not protected from every conceivable injury or hazard that may occur.

 

In recent years, there have been severe restrictions on the ability of automobile accident victims to obtain compensation for their injuries. In New Jersey, drivers select either the verbal threshold or the no threshold option on their insurance policies. Since the verbal threshold is less expensive, more than 85% of drivers in New Jersey have this coverage. With the verbal threshold, you can obtain compensation only if you meet one of these categories:

  • Death

  • Dismemberment

  • Significant disfigurement

  • Fractures

  • Loss of a fetus

  • Permanent loss of use of a body organ member, function or system

  • Permanent consequential limitation of use of a body organ or member

  • Significant limitation of use of a body function or system

  • Non-permanent injury or impairment which prevents the performance of substantially all of your customary and usual daily activities for at least ninety of the one hundred eight days after the accident.

Whether or not an individual's injury meets the verbal threshold must be determined on a case by case basis. If you believe that an accident involves a sufficiently serious injury you should do the following:

  • Go to see a doctor, immediately

  • Take photographs of any damage to your vehicle, and maintain the damage report

  • Take a photograph of the area where the accident occurred

  • Maintain a log indicating your pain and discomfort and any financial losses you have suffered, such as lost wages

  • Take pictures of your injuries

  • Determine if there are any witnesses to the accident, or your pain, discomfort, or lost wages.

  • A co-worker or a friend who can attest to your pain is far more persuasive than the self-interested testimony of the plaintiff himself.

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