Few things are more jarring than sustaining a serious injury in a trip or slip and fall accident. Unfortunately, these accidents are more common than you may think, and they are actually among the most common causes of TBIs. That being said, if you or a loved one has sustained a TBI in a slip and fall accident, there’s a strong chance you’ll be able to sue for compensation, and our team is here to fight for you. Continue reading and reach out to a seasoned Union County slip and fall accident lawyer from The Mark Law Firm to learn more about these accidents and how we can help if you’ve been injured in one. Here are some of the questions you may have:

When Can a Property Owner Be Liable for a Slip & Fall TBI?

Generally speaking, simply falling on another person’s property does not automatically mean that the property owner is responsible for your injuries.

Instead, you will typically have to demonstrate that a dangerous condition existed, that the property owner or another responsible party knew or reasonably should have known about that condition, and that the condition caused your fall and resulting TBI. Some common examples of dangerous property conditions are as follows:

  • Wet or slippery floors
  • Snow or ice that was not properly addressed
  • Broken or uneven sidewalks
  • Torn carpeting or loose floor mats
  • Defective stairs or handrails
  • Poorly lit hallways or staircases
  • Merchandise, cords, debris, or other hazards in walkways

For example, if a store employee knew that liquid had spilled on the floor but nobody cleaned it up or placed a warning sign nearby, and a customer then slipped, struck his or her head, and suffered a TBI, that evidence may play an important role in a personal injury claim.

That being said, these cases can become more complicated when there is a dispute over how long the condition existed or whether the property owner had a reasonable opportunity to discover it.

For this reason, photographs, surveillance footage, incident reports, maintenance records, and witness testimony can all become extremely important.

How Can I Prove That My Slip & Fall Caused a Traumatic Brain Injury?

One of the difficult things about traumatic brain injuries is that they are not always as immediately obvious as other injuries.

For example, if you break your arm during a fall, there may be swelling, severe pain, or an obvious deformity right away. A TBI, on the other hand, may initially seem like nothing more than a headache or feeling somewhat shaken after the accident. Some potential symptoms of a traumatic brain injury can include the following:

  • Persistent headaches
  • Difficulty remembering things
  • Problems concentrating
  • Dizziness
  • Balance problems
  • Sensitivity to light or sound
  • Sleep problems
  • Changes in mood or personality
  • Confusion or slowed thinking

If you experience any of these symptoms after a fall, it is important to seek medical attention.

Medical records can help establish that you actually suffered a brain injury and, perhaps just as importantly, that the injury was connected to the accident in question.

Additionally, depending on the severity of your injury, neurologists, therapists, rehabilitation specialists, vocational experts, and other professionals may be needed to explain how the TBI has affected your life and your ability to work going forward.

What Compensation Can I Recover for a Slip & Fall TBI in New Jersey?

A serious brain injury can affect far more than your health.

In many cases, victims are left dealing with expensive medical treatment, time away from work, rehabilitation, and, unfortunately, long-term physical or cognitive problems.

Depending on the facts of your case, you may be entitled to compensation for:

  • Medical bills
  • Rehabilitation expenses
  • Future medical treatment
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Loss of enjoyment of life

Finally, in most New Jersey personal injury cases, you will have two years from the date your claim accrues to file a lawsuit, though certain exceptions may apply.

If you sustained a traumatic brain injury in a slip and fall accident, our firm is here to help. Contact The Mark Law Firm to schedule a free and confidential consultation with our seasoned legal team today.