Property owners have an obligation to maintain an environment that’s safe for their guests. If they don’t — and if you suffer a serious injury as a result — they should be held accountable, and you shouldn’t be left to handle the consequences of the injury alone. At Wapner Newman, we’re dedicated to standing up for the rights of injured people in New Jersey and surrounding areas. If you’ve been injured, please get in touch to speak with a Trenton slip and fall lawyer today.
Many people mistakenly believe that slip and fall lawsuits can only be filed against commercial property owners. However, if you’re hurt by unsafe conditions at someone’s home or other property, you may still be able to recover compensation.
How Are Damages Determined in a Slip and Fall Case?
You Deserve Compensation for What You’ve Lost
When you have a consultation with an attorney after a slip and fall accident, one of the first things the attorney will do is try to determine the value of your case. Personal injury attorneys only get paid if you receive compensation, so they will generally only take on cases where they can potentially recover enough compensation to make the investment of time and energy worthwhile.
For example, if you slip and fall, go to the doctor, and find out you just have some bruising, a Trenton slip and fall attorney is very unlikely to take your case. However, if you slip and fall and hit your head hard enough to cause a traumatic brain injury, there’s a greater chance that an attorney might be able to help you.
How much might your case be worth? Each case is different, and one of our attorneys will be able to go over your case’s potential value with you during your free consultation. However, generally, several elements are factored in when determining damages.
Past and Future Medical Bills
As you may have already discovered, serious injuries can be very costly to treat. When a Trenton slip and fall attorney determines the potential value of your case, medical bills are among the most important things taken into account. At your consultation, your attorney will likely ask you for copies of the following:
- Bills from emergency medical services
- Hospital bills
- Hospital discharge summaries
- Medical bills for any follow-up care
- Receipts for any medical equipment you had to purchase as a result of your injuries
- Receipts for any medications you were prescribed as a result of your injury.
However, the medical bills you’ve already incurred aren’t the only ones factored into the value of your case. If your injuries will require ongoing care, your legal team will likely seek compensation for your estimated future medical costs as well.
Past and Future Lost Wages
While you’re recuperating from a major injury, you almost certainly won’t be able to work. That means no income, and having no income can make it impossible to cover everyday expenses.
In some cases, your injury may heal completely, allowing you to return to your previous job with no issues. However, if you suffer a permanent partial disability or total disability, your earning potential may be decreased for life. If this happens, your slip and fall lawyer in Trenton will likely seek compensation to make up for those lost potential earnings.
Physical and Emotional Pain
In some cases, you may also receive compensation for both physical and emotional pain and suffering. However, most attorneys will not take cases where you suffered emotional pain but have no quantifiable damages (like medical bills and lost wages).
Determining how much your case is worth can be challenging, but an attorney can give you a general valuation. Please call our office at (215) 569-0900 or get in touch online to schedule a free consultation.
What Should I Do If I’m Hurt in a Slip and Fall?
When you’ve just suffered a major injury, it can be difficult to have the presence of mind to know what to do. However, taking the right steps after an accident can both protect your health and preserve your ability to build a slip and fall case. If you are able, you should take certain steps right after getting hurt.
Call for Medical Help Immediately
This step may seem obvious, but its importance can’t be overstated. With most kinds of severe injuries, quick intervention leads to improved outcomes.
You might be tempted to wait and seek medical care later, especially if you aren’t sure whether your injuries are serious. However, this is a bad idea for several reasons:
- Some injuries (including some spinal injuries) don’t show symptoms right away.
- If you leave the scene, the other party’s legal team could argue that you got the injuries somewhere else.
- If you don’t seek immediate care, the other side could argue that your injuries aren’t serious.
When in doubt, it’s better to call for medical help. If you have an injury that isn’t immediately showing symptoms, prompt medical attention might save your life.
Document the Scene
If you’re able to, take photos of the scene. For example, if you slip and fall on a patch of ice in front of a store, a photo of the ice patch may be helpful in establishing your case. When you get the chance, you also should make sure the photos are backed up somewhere. If you took them on your phone, you might want to email them to yourself, upload them to cloud storage, or both.
Gather Witness Information
Witnesses can be very helpful to your case. Anyone who saw your slip and fall can corroborate your version of events. Even if a witness didn’t see the accident, they may be familiar with the existing safety hazard that caused it.
If your injuries are so severe that you are unable to document the scene or get contact information from witnesses, don’t worry. Your slip and fall attorney will thoroughly investigate your case and do their best to gather as much information as possible.
Speak to a Personal Injury Attorney
Once you are medically stabilized, you should speak to a slip and fall attorney in Trenton as soon as possible. It’s especially important to speak to an attorney before you speak to the negligent party’s insurance company. Usually, insurance companies talk to you about the accident in hopes that you’ll say something that implies the fall was your fault. Once you have retained a lawyer, they can speak to insurance companies for you if needed.
File a Report
Depending on where your injury occurred, this step may not be applicable. However, if you are hurt at a hotel or other business, the business might have a standard incident report form. Filling out a form is important because it documents how and when the accident happened.
FAQ
For many of our clients, this is their first encounter with the legal system. Here are some of the questions we’re most frequently asked.
How much does it cost to work with you?
We work on a contingency basis, meaning we get paid only if you get paid. If we win your case, you pay us a percentage of the compensation you receive. If we don’t win, you pay nothing.
How much is my case worth?
Many different factors go into the valuation of a case, and each case is different. At your free consultation, one of our attorneys can give you an idea of what your case may be worth.
How do you win a slip and fall case?
To win a case, your legal team must prove that negligence on the part of a property owner (or the person responsible for maintaining the property) directly caused your injury. They also must prove that you have recoverable damages (like medical bills and lost wages).
What should I do if I get hurt in a slip and fall?
The first thing you should do is call for emergency medical help. Document the scene, get contact information from witnesses if possible, and call a personal injury attorney as soon as you are able to.
We understand that the period after a serious injury can be overwhelming and confusing. If you have further questions, please don’t hesitate to ask.
Why Choose Us?
Experience That Works for You
When choosing legal representation for a slip and fall, you don’t want just any attorney — you need someone with extensive personal injury experience and the results to back it up. At Wapner Newman, we have decades of experience with personal injury cases, and our results speak for themselves.
We also understand that navigating a slip and fall case can be challenging, especially if you’re also trying to heal from a major injury. Our attorneys take the time to connect with you, explain your options, and keep you updated on the progress of your case. Fighting for compensation for injured people is an important part of what we do, but so is supporting you through the process.
If you’ve been hurt in a slip and fall accident, the attorneys at Wapner Newman are here for you. Please fill out our online contact form or call our office at (215) 569-0900 to speak to a slip and fall lawyer in Trenton today.