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3 considerations that can impact your New Jersey slip-and-fall claim

On Behalf of | May 25, 2023 | Personal Injury |

Trips, slips and falls can happen when they are least expected. One moment, you are strolling through your favorite grocery store and the next; you are en route to the ER following a catastrophic slip and fall. If you slip and fall while lawfully on another person’s property, you may be eligible for financial restitution via a premises liability claim.

However, premises liability claims, like other personal injury claims can be quite complex, especially when you have life-altering injuries to deal with. These are three considerations that can impact the outcome of your New Jersey premises liability claim.

New Jersey’s approach to negligence

All premises liability claims are founded on the precept that they were preventable had the defendant exercised their duty of care to the victim. In New Jersey, you may pursue damages as long as your contribution to the slip-and-fall incident was less than the plaintiff’s. This is known as the modified comparative negligence statute. In other words, if the court establishes that you were 51 percent liable, then you may not recover damages.

New Jersey statute of limitations concerns

Every state has laws that govern when you can sue a liable party for damages. This is known as the statute of limitations period. In New Jersey, you have up to two years from the date of your injury to file a claim.

New Jersey wrongful death claims

Sometimes, a slip-and-fall accident can be fatal. When this happens, a surviving family member may pursue the defendant on behalf of the victim as they would were they to survive their injuries. But while wrongful death can be devastating for everyone, New Jersey laws restrict who may sue for damages. These are the decedent’s spouse, children, parents, siblings or anyone who can prove their dependence on the decedent.

Safeguarding your interests

The laws governing New Jersey premises liability claims can be complicated, to say the least. However, these laws can greatly impact your ability to recover the damages you may be entitled to following a slip-and-fall accident that was not (or was only partially) your fault. As a result, seeking legal guidance as proactively as possible is important.