Question for Attorney Carbone: A Slip and Fall Aggravated an Old Injury. Can I Still Sue?
Question: I got into a car accident a few years back. I injured my back in the accident and it never completely healed, although it doesn’t affect my day-to-day life. Recently, I was at the gas station buying some milk. Someone had commented that I should be careful of the puddles surrounding the leaky case. Despite the warning, I slipped and fell, reinjuring my back. I’m now in a lot of pain and may need to have surgery. Is it possible to sue the gas station?
Answer: Ths is a question we get a lot from slip and fall accident victims. And with a huge winter storm heading our way, we thought this was an appropriate question to answer today.
It’s true that your past injury will be brought up by the insurance company when you make a claim. But it should not have a negative effect on your case. Since your previous injury was made worse because of your accident, then according to New Jersey law, you can still file and recover money from your slip and fall accident. But remember, you need to show that the slip and fall accident was the cause for aggravating your injury. And that means you’re going to need proof. If you have seen the doctor and have medical records showing that your accident caused a re-injury, then that will help your case.
However, in the case you described above, you may be facing an uphill battle because you may be found partially to blame for the accident. The defense can argue that although you had been warned of the leak, you didn’t pay attention. New Jersey uses a modified comparative negligence rule when deciding on personal injury cases such as a slip and fall. If the court finds you partially to blame for the accident, then you may receive only a portion of the damages. This is why it’s essential to get a good slip and fall attorney who has experience in these types of cases.
If you had a slip and fall accident in New Jersey, get legal help today. Contact the Law Offices of Anthony Carbone today for a free consultation.