How Can I File an Insurance Claim for a Slip and Fall Injury Case?

By Greg Kohn

You should notify the property owner if you got injured from slipping or tripping and falling on someone else’s property due to a hazardous condition of the premises. The property owner’s liability insurance carrier will likely contact you for information about the incident.

You do not have to deal directly with the landowner or insurance company if a New Jersey personal injury attorney represents you in your injury claim. Your lawyer can handle your injury case and answer your questions, like how can I file an insurance claim for a slip and fall injury case?

What You Have to Prove in an Insurance Claim for a Slip and Fall Injury in New Jersey

The first thing you will need to address in your slip and fall injury insurance claim is fault. The property owner must have done something wrong that caused or contributed to your fall to be responsible for your damages. You will have to show all four of these factors to hold the property owner accountable for your injuries:

  • The landowner had a legal duty. Let’s say that the plaintiff was a shopper in a department store that had multiple levels. The owner has a duty to keep the stairs in the store safe, well-lit, with suitable handrails, and free from debris and spills.
  • The landowner breached the duty of care. The stairs between the floors had handrails, but one of them was missing screws that held it to the wall. Failure to maintain the stairs in a safe condition is negligence on the part of the store owner.
  • The carelessness must be the cause of the injury. The shopper grasped the handrail for balance when climbing down the stairs. Because the handrail lacked some of the attaching screws, the handrail pulled away from the wall, causing the shopper to lose his balance and fall down the stairs to the floor below.
  • The plaintiff must experience measurable losses. The shopper broke his neck in the fall and became paralyzed. Physical injuries satisfy the requirement of quantifiable losses.

In this scenario, the plaintiff would be able to prove all the required elements for a slip and fall injury insurance claim.

Damages Available in a Successful Slip and Fall Case

A successful claimant in a slip and fall case can recover economic losses like medical expenses to treat the wounds and lost wages for the time away from work because of the accident and injuries. New Jersey also allows injured people to collect “intangible” losses like pain and suffering in personal injury cases. Other examples of intangible losses include disfigurement from large scars or amputations, chronic depression or anxiety, and loss of enjoyment of life due to ongoing impairment.

Be sure to get medical attention right away if you get hurt from a slip and fall accident on someone else’s property. Your medical records will be essential evidence you will need to prove your injury claim. If you wait very long to go to the emergency room or doctor, the insurance company might deny liability, claiming that your injuries were from something other than the fall accident. New Jersey does not give people much time to file lawsuits, so you might want to talk to a New Jersey personal injury attorney as soon as possible. Contact our office today for legal assistance, we are here to help.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.