How are Slip and Fall Settlements Calculated in New Jersey?
Posted August 23rd, 2022 by Anthony Carbone.
Categories: Slip and Falls.
Slip and falls are consistently one of the most commonly reported accidents in North Jersey. The NFSI estimates that more than one million people nationwide receive emergency medical care for slip and fall accidents annually. Following a serious fall accident, you need compensation to pay medical bills and support yourself and your family.
A negligent business or property owner can be held liable for a slip and fall accident that occurs on its premises. You may be wondering: How are slip and fall accident settlements calculated in New Jersey? Slip and fall settlements are always highly case-specific. Here, our Jersey City slip and fall accident lawyer highlights the three key factors that will determine how a settlement is calculated.
Three Factors that Will Determine the Value of Your Slip and Fall Settlement in New Jersey
1. Liability
A business or property owner in New Jersey is not automatically liable for a slip and fall accident that happens on their premises. A slip and fall accident is a fault-based legal claim. To get a settlement for a slip and fall injury, you must prove liability. In effect, this means presenting evidence that proves that your accident occurred because of unreasonably unsafe conditions on the property.
New Jersey uses a comparative negligence standard for premises liability claims. To maximize your slip and fall accident settlement, you must establish liability. If you are held partially responsible for your slip and fall accident—which defendants and their insurers will often try to argue—it will reduce your slip and fall settlement.
2. Damages
Beyond establishing liability for a slip and fall accident, you must prove the extent of economic and non-economic injuries. A slip and fall accident settlement is designed to be compensatory. That means that it is calculated by looking at the actual damages suffered by the victim. Some damages that may be recoverable as part of a settlement include:
- Emergency medical treatment;
- Hospital bills;
- Other health care expenses;
- Lost wages;
- Loss of earning ability;
- Pain and suffering; and
- Permanent disability or disfigurement.
3. Negotiation
The property insurance companies that handle most slip and fall accident claims in New Jersey are not exactly eager to pay out full and fair settlements to injured victims. A settlement comes through a negotiation. To get a maximized slip and fall accident in New Jersey, effective negotiation is a must. An experienced Jersey City slip and fall accident injury attorney can help you and your family secure the compensation that you need to pay your bills and move forward with your life.
Contact Our New Jersey Slip and Fall Accident Lawyer Today
At The Law Offices of Anthony Carbone, our New Jersey premises liability lawyer has extensive experience representing victims in slip and fall accident cases. If you have questions about how slip and fall settlements are calculated, we are ready to help. Contact our law firm now for your no-cost case review. From our Jersey City law office, we handle slip and fall accident claims throughout North Jersey, including in Union City, North Bergen, West New York, Newark, and Elizabeth.
