When you’re injured on someone else’s property due to unsafe conditions, you may be entitled to compensation through a premises liability claim. However, successfully navigating a personal injury case in New Jersey requires careful attention to detail and avoiding common pitfalls. At The Law Offices of Harold J. Gerr, we’ve seen how even small mistakes can impact the outcome of a claim. This guide will explore common mistakes to avoid when filing a premises liability claim, ensuring you have the best chance of securing the compensation you deserve.
1. Failing to Document the Scene of the Accident
One of the most critical steps in any premises liability claim is thoroughly documenting the accident scene. Photographs, videos, and witness statements can serve as vital evidence to support your claim. If you fail to collect this information at the time of the incident, it may be challenging to prove the hazardous condition that led to your injury later on.
How to Avoid This Mistake:
After your accident, take photos of the area where the injury occurred, capturing any hazards such as wet floors, broken steps, or poor lighting. Also, collect the contact details of any witnesses who saw the accident. This will help establish that the property owner was negligent and failed to maintain a safe environment.
2. Waiting Too Long to File a Claim
New Jersey’s statute of limitations requires you to file a premises liability lawsuit within a specific time frame. For personal injury claims, this is generally two years from the date of the injury. If you wait too long, you may lose your right to compensation, regardless of the severity of your injuries or the property owner's negligence.
How to Avoid This Mistake:
As soon as you are injured on someone else’s property, consult a personal injury attorney to understand your legal options. The Law Offices of Harold J. Gerr can help you take immediate steps to ensure your claim is filed within the required timeframe and guide you through the legal process.
3. Not Seeking Immediate Medical Attention
Even if your injuries seem minor, failing to seek prompt medical care can jeopardize your claim. Insurance companies may argue that your injuries weren’t severe or that they weren’t related to the accident if there is a gap between the incident and your medical treatment.
How to Avoid This Mistake:
Seek medical attention immediately following your accident, even if you believe the injuries are minor. Your medical records will serve as evidence of the harm you suffered and establish a clear link between the accident and your injuries.
4. Not Reporting the Accident to the Property Owner
After an accident, it’s essential to notify the property owner or manager about what happened. Failing to report the incident promptly can lead to disputes about the timing and details of the accident, making it harder to prove your claim.
How to Avoid This Mistake:
Immediately inform the property owner, manager, or any relevant personnel about your injury. In some cases, the business or property may have an accident report form. Ensure you get a copy of this report for your records.
5. Underestimating the Role of Comparative Negligence in NJ
In New Jersey, the Comparative Negligence Act means your compensation can be reduced if you are partially at fault for the accident. Under this law, as long as you are 50% or less at fault, you can still recover damages. However, if you're more than 50% responsible, you may be barred from recovery entirely.
How to Avoid This Mistake:
Work with an experienced attorney to build a strong case showing that the property owner’s negligence was the primary cause of your injury. By presenting clear evidence, you can reduce your assigned percentage of fault and maximize your compensation.
6. Speaking with the Insurance Company Without Legal Representation
After filing a claim, the property owner’s insurance company may contact you to discuss your case. Many victims make the mistake of providing too much information or accepting a low settlement offer without understanding the full extent of their injuries.
How to Avoid This Mistake:
Never speak with the insurance company or agree to any settlement before consulting an attorney. At The Law Offices of Harold J. Gerr, we can negotiate on your behalf, ensuring that you receive fair compensation for your injuries.
7. Failing to Consider Long-Term Effects of Injuries
It’s easy to focus on immediate medical expenses and overlook the long-term impact of your injuries. Premises liability claims should take into account any future medical treatments, rehabilitation, lost wages, and changes to your quality of life.
How to Avoid This Mistake:
Before accepting any settlement, ensure that your attorney has evaluated the full extent of your injuries. This includes future medical costs and any long-term effects on your ability to work or enjoy life.
8. Ignoring the Importance of an Experienced Attorney
Navigating a premises liability claim can be complicated, and attempting to handle it on your own can lead to costly mistakes. From dealing with insurance adjusters to proving negligence, an experienced attorney can make a significant difference in the outcome of your case.
How to Avoid This Mistake:
Hire an experienced premises liability attorney who understands New Jersey’s personal injury laws. At The Law Offices of Harold J. Gerr, we specialize in helping victims of accidents on someone else’s property receive the compensation they deserve.
9. Accepting the First Settlement Offer
Insurance companies often try to settle premises liability claims quickly, offering low settlements that may not cover the full cost of your injuries. Accepting the first offer can leave you paying out of pocket for future medical expenses or lost wages.
How to Avoid This Mistake:
Consult your attorney before accepting any settlement offer. A skilled lawyer will negotiate with the insurance company to ensure you receive fair compensation for your injuries, both now and in the future.
10. Not Keeping Detailed Records of Expenses and Losses
Premises liability claims require you to prove the financial losses you’ve suffered as a result of the accident. This includes medical bills, lost wages, and any other costs related to your injury. If you don’t keep detailed records, it may be challenging to receive full compensation.
How to Avoid This Mistake:
Keep detailed records of all expenses related to your injury, including medical bills, rehabilitation costs, transportation expenses, and lost wages. These records will serve as essential evidence when calculating the compensation you deserve.
Strengthening Your Premises Liability Claim in New Jersey
Filing a premises liability claim in New Jersey can be a complex process, but avoiding these common mistakes can greatly improve your chances of success. From documenting the accident to seeking immediate legal counsel, each step plays a crucial role in ensuring you receive fair compensation. At The Law Offices of Harold J. Gerr, we are dedicated to guiding clients through every stage of the legal process, helping them secure the justice they deserve after an accident.
Take Action Now: Contact Our New Jersey Premises Liability Lawyers for a Free Consultation Today
If you've been injured in a slip and fall, trip and fall, or any other accident on someone else's property in New Jersey, The Law Offices of Harold J. Gerr is here to help. We proudly serve clients throughout the state, including Burlington, Ocean, Middlesex, Somerset, Monmouth, and Union Counties and beyond, providing skilled legal representation in premises liability and personal injury cases. With decades of experience, our team is committed to securing the compensation you deserve. Contact us today for a free consultation and learn how we can support you in your recovery. Let us fight for your rights while you focus on healing.
