Post-Holiday Recovery: Filing a NJ Slip and Fall Claim Before the New Year

The hustle and bustle of the holiday season is already in the rearview mirror, but for those who sustained a slip and fall injury while out shopping, the reality of what lies ahead is just beginning. Between the last-minute Christmas shopping rush and taking advantage of those end-of-year clearance sales, big-box stores like Target and Walmart have been their most crowded and unfortunately, also their most dangerous. 

If you slipped and fell while out shopping these past few weeks, you don’t have to face the burden of lost wages and costly medical bills alone as we head into the New Year. Our team has put together a helpful guide that covers everything you need to know about filing a slip and fall accident claim and how a lawyer can maximize your recovery. 

Why Slip and Fall Accident Risks Increase During the Holiday Season

Big-box stores have a legal duty to keep their premises safe, not just during the holiday season, but all year round. However, the season’s high foot traffic often results in many hazards being overlooked. For example:

• Spilled liquids in grocery stores may not be cleaned up right away
• Melted snow or slush may be tracked into entranceways
• Holiday displays may not be properly secured, exposing cables
• Packing material or merchandise may fall off shelves and remain in aisles

Though these hazards may be common, they don’t negate the store’s responsibility to maintain safe premises for their customers. When they fail to ensure your safety, you have the right to pursue a personal injury claim. 

Steps to Take Following a Slip and Fall Accident Claim 

If you were injured because of any of the scenarios listed above, you’re likely wondering what steps you should take next. The steps you take immediately following a slip and fall accident are critical for ensuring your health and ability to pursue compensation. 

Report the Accident 

Following the accident, be sure to speak with the manager so they can create an accident report. This is critical for connecting your injuries to the fall. 

Take Photos of the Trip Hazard

Before the area can be cleaned up, take photos of the scene. Photograph any spills, loose tiles or carpet, cables, or anything else that indicates negligence. 

Get Prompt Medical Care

Even if you feel fine in the moments immediately following the accident, you should still seek medical attention. Many injuries, especially those that are internal, may not present symptoms right away. Not only can going to the ER diagnose common slip and fall injuries such as hairline fractures and concussions promptly, but it gives the insurance company less wiggle room to deny your claim.

Remember, insurance companies are looking for any reason to deny your claim and lags in medical treatment provides them a perfect excuse. 

Get Contact Information of Witnesses

If there were any witnesses to your slip and fall, write down their names and contact information. Note their description of events, too. The more people confirming your version of events, the better, especially when dealing with corporate insurance companies. 

What Evidence Do You Need in a Slip and Fall Accident Claim? 

Building a successful premises liability claim requires evidence. It’s not enough to simply say you fell; you need concrete proof that the store was negligent. 

In addition to photos of the scene, the accident report and witness testimony, the following evidence is critical to proving the store’s negligence: 

• Surveillance Footage: Most stores have surveillance cameras that will have caught your slip and fall. However, this footage is erased often, usually within days. Your lawyer can send the retailer a spoliation letter to preserve this evidence so it isn’t lost. 
• Medical Records and Bills: Co-pays, ER visits, after-visit summaries, prescriptions, and diagnostic records can all be used to support your claim and provide evidence of your injury, as well as the severity of it. Your current and ongoing medical costs will be used to help calculate your damages. 
• Expert Testimony: In complex cases, expert testimony may be used to support your claim. For example, medical professionals and economists may be brought in to testify about the long-term impact of your injuries and lost future income, or floor safety experts may be brought in to testify about coefficient of friction. 
• Maintenance Logs: These can show when the aisle was last inspected or cleaned. For example, if a trip hazard remained in an aisle for hours without being tended to, these logs could show the store’s negligence. 

What if You Were Partially At Fault for the Slip and Fall? 

If you were partially at fault for the slip and fall accident, you still have the right to pursue compensation as long as you were not more than 50% at fault. New Jersey operates under a modified comparative negligence rule, meaning that you can still pursue compensation as long as your fault is 50% or less. However, your compensation award will be reduced by your percentage of fault. 

For example, if you were found to be 20% at fault and received $100,000, that money would be reduced to $80,000. A personal injury lawyer from Drazin and Warshaw can investigate your case to determine where fault lies and help you understand your rights and options under New Jersey law. 

Were You Injured in a Slip and Fall Accident While Shopping in New Jersey? Drazin and Warshaw Can Help You Pursue a Claim

Bix box stores have a responsibility to keep their premises safe. When they fail to do so and a slip and fall accident occurs as a result, you have rights to pursue a personal injury claim. With big insurance companies on their side, our firm understands first hand how challenging these claims can be when tackled by yourself. That’s why our attorneys are here to help. 

We’ll thoroughly investigate your claim and negotiate with these insurance companies on your behalf so you get the money you need. If you were injured in a slip and fall, don’t wait to contact Drazin and Warshaw for legal guidance. We can be reached at 732-333-8141. Or, submit our online contact form to schedule a free consultation. We represent clients throughout New Jersey, including Plainfield, Westfield, West Orange, and Red Bank. 

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.