Holding Negligent Property Owners Accountable For Your Injuries
At Flynn Law, we understand how overwhelming it can be to recover physically and financially from an accident. However, when you suffer an injury on someone else’s property due to negligence, you may have a valid premises liability claim. When you face such challenging times, you need a law firm that stands by your side with compassion and determination. We are here to support and guide you through every step of your legal journey.
We offer free consultations that can be conducted virtually, in our Mount Laurel office, or in the comfort of your home. Our attorneys bring a wealth of knowledge and dedication to your case. We are committed to using our extensive experience to help you achieve justice. At Flynn Law, you gain access to a dedicated paralegal, familiar with every detail of your case, and an attorney who will be with you from the initial meeting through to trial, if necessary.
Our lawyers have significant trial experience that allows us to confidently represent you in court, should your case demand it. We have secured millions of dollars in settlements and trial victories for our clients. Our approach is client-centric – prioritizing your well-being, striving for efficient resolution to avoid unnecessary legal fees, maintaining open and honest communication, upholding integrity and performing due diligence in every case.
How Premises Liability Claims Work In New Jersey
Premises liability involves injuries that occur on someone else’s property due to unsafe conditions that the property owner should have addressed. In New Jersey, property owners are required to maintain a safe environment or warn people of known dangers. Failure to meet these obligations can result in a valid premises liability claim. You can hold various parties liable for your injuries, depending on the specifics of your case. We will consider the property owner, manager, staff and any other parties that may have contributed to your accident.
Here are the types of premises liability claims we handle:
- Slip-and-fall incidents
- Dog bites
- Negligent or inadequate security
- Inadequate maintenance
- Falling objects
- Fires
In New Jersey, compensation for personal injury claims may include economic damages such as medical expenses, lost wages and lost earning capacity, as compensation for pain and suffering, mental anguish and disfigurement or disability.
Proving negligence in a premises liability case requires evidence such as maintenance records, witness statements and medical documentation of your injuries. An experienced lawyer from Flynn Law, can help you navigate these complexities to build a strong case on your behalf.
Will Your Premises Liability Case Go To Court?
Most premises liability cases in New Jersey are settled out of court. Our team enters negotiations after filing your claim with the property owner’s insurance company. We work hard to secure a fair settlement, especially when we have clear evidence of the property owner’s negligence. As such, many cases are resolved at this stage without going to trial.
The likelihood of settlement can be influenced by:
- The strength of your evidence
- The severity of your injuries
- Any disputes about liability
State law mandates that property owners maintain safe conditions for visitors. This means that favorable settlements are more likely if there is a clear violation of this duty. However, the property owner’s insurance policy limits also affect how much compensation you may receive.
We may recommend filing a lawsuit if a fair settlement is not reached during initial negotiations. This step does not necessarily mean the case will go to trial. The court system encourages settlements throughout litigation, including a mandatory settlement conference before trial. Before trial, some cases may be resolved through alternative dispute resolution (ADR), like:
- Mediation: A neutral third party helps both sides reach an agreement.
- Arbitration: A private arbitrator makes a binding decision, avoiding the need for trial.
These methods are separate from the litigation process and can lead to quicker resolutions. However, if ADR fails, the case will proceed to litigation. Once a lawsuit is filed, the litigation process typically includes:
- Discovery: Both parties exchange evidence and information.
- Pretrial motions and hearings: Legal issues will be addressed and further settlement talks may occur.
The state law promotes settlements through mechanisms like the Offer of Judgment rule. This allows either party to make a formal settlement offer and if it is rejected and the case goes to trial, the rejecting party faces risks. This rule motivates many parties to settle instead of facing the uncertainties of a trial.
Settling out of court is usually faster and less costly. It offers a guaranteed outcome, while trial results can be unpredictable. However, some cases do proceed to trial if there is a disagreement over the settlement amount, complex legal issues or disputes about liability. In some cases involving public entities, New Jersey’s Tort Claims Act may complicate settlements, sometimes leading to trials.
We Will Fight For The Compensation You Deserve
If you have suffered an injury due to someone else’s negligence, do not hesitate to contact Flynn Law. Call us at 888-774-2960 or fill out our online contact form to schedule your free consultation. Whether in our office, virtually or at your home, we are ready to assist you.