Episode 8 of Jersey Justice Podcast™: Trip and Fall Accidents in New Jersey: A Case Study Uncovering Negligence and Liability with Stephanie Tolnai, Esq.
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Welcome to Jersey Justice, a civil law podcast that shares
Speaker:practical tips and stories about personal and workplace injuries.
Speaker:Joined two of the brightest New Jersey injury attorneys, Gerald Clark
Speaker:and Mark Morris of Clark Law Firm.
Speaker:As they take you behind the scenes of.
Speaker:Justice and civil law.
Speaker:But first, a quick disclaimer.
Speaker:The information shared on this podcast is for general information purposes only.
Speaker:Nothing on this site should be taken as legal advice for any
Speaker:individual case or situation.
Speaker:This information is not intended to create and does not constitute
Speaker:an attorney-client relationship.
Speaker:Welcome back to Jersey Justice, and today we are gonna be talking about slip and
Speaker:fall injuries, and we're gonna be talking about how you can be more safe and what
Speaker:you need to know about negligence on part of establishments and business owners.
Speaker:And we're gonna get into what you really need to understand about slip
Speaker:and fall injuries in New Jersey.
Speaker:And today we are with Stephanie Tok because she is gonna be talking to
Speaker:us about slip and fall injuries.
Speaker:We wanna welcome Stephanie.
Speaker:So Stephanie, welcome to the show.
Speaker:Thank you.
Speaker:Glad to be here.
Speaker:Stephanie, we're so excited to have you here today.
Speaker:So for our audience, I'd love for you to share a little bit more about yourself.
Speaker:It can be anything.
Speaker:It can be about why you decided to become a lawyer or maybe you know,
Speaker:what you like to do when you're not working in the field of law, and you
Speaker:know, just any fun fact, anything you'd like to share with the audience.
Speaker:Well, thank you.
Speaker:I'm glad to be here today.
Speaker:I have always wanted to be an attorney, even when I was younger.
Speaker:I'm not sure of the exact reason why, but I, I always like the presenting
Speaker:your case, arguing your opinion.
Speaker:I used to do defense for a little bit, you know, 20 years ago.
Speaker:And I didn't enjoy that as much because I didn't feel the one-on-one connection with
Speaker:the client that I definitely feel now.
Speaker:It's almost like a story, cuz I love to read too, and I feel
Speaker:like a case is like a story.
Speaker:It starts in the beginning how the incident happened, how the crash or the
Speaker:slip and fall or whatever it is, and how it has impacted that person's life.
Speaker:And then the ending is, If I'm successful or our attorneys at our firm
Speaker:are successful, which we frequently are, and most likely are, then they
Speaker:have a good ending to their story.
Speaker:So the connection that we get with our clients is amazing.
Speaker:Our firm, I've had many clients after I'm done representing them,
Speaker:say I've never had that connection before, and that they appreciated
Speaker:it and they get immediate responses.
Speaker:And that's something I feel that I pride myself in.
Speaker:And I feel like that it benefits the clients.
Speaker:Things I love to do.
Speaker:I love to travel.
Speaker:I travel with my family.
Speaker:I travel with my two kids who are older and we go everywhere
Speaker:from Europe to Colorado to, so that, that's one thing I enjoy.
Speaker:Awesome.
Speaker:Awesome.
Speaker:Thank you so much for sharing that with us.
Speaker:I love that you love to travel.
Speaker:That's so much fun.
Speaker:And yes, that personal connection is so important and when we're
Speaker:dealing with people, we're dealing with their lives and livelihood.
Speaker:That's really commendable.
Speaker:So thank you for sharing that.
Speaker:So, you know, today, Stephanie, we're we're talking about
Speaker:slip and fall injuries.
Speaker:I know that you've handled a lot of slip and fall cases at the firm, and first
Speaker:of all, maybe for our audience, you can share with us when it comes to slip and
Speaker:fall, like, you know, What's defined as a slip and fall or slip and trip or, you
Speaker:know, are there any slang, terminology, words that, that are used in New Jersey as
Speaker:well to describe these type of injuries?
Speaker:Well, I mean, there's numerous examples of slip and fall.
Speaker:You could have, it could be on ice, it could be outside of a big box
Speaker:store that perhaps, you know where the loading zone is and somebody drops
Speaker:something off the back of the truck.
Speaker:It could be some sort of material that, that the person doesn't even know.
Speaker:It could be at a restaurant with spilled something.
Speaker:It could be you're walking on a sidewalk on your way to the bus and there's a
Speaker:differential in the sidewalk or a pot, you know, a pothole in the street.
Speaker:And you happen to step on that.
Speaker:So there's many instances of what a slip and fall could be.
Speaker:It's interesting you say that about whether it's a slip and fall or a
Speaker:trip and fall, and there's times where you do need to be very careful of
Speaker:how you phrase it, because sometimes if you say trip and fall, it makes,
Speaker:it seems like it was the customer or the client's fault for tripping on
Speaker:something, when in fact it was, you know, something was left out in the walkway
Speaker:or something was left out in the area.
Speaker:So, That's one thing to keep in mind.
Speaker:Thank you so much for sharing that because I'm just getting this vision
Speaker:of someone at a grocery store and there could be a box or something sticking
Speaker:out of the aisle and they don't see that and they trip over it and they fall.
Speaker:I mean, obviously that's not really their fault because they didn't see it and there
Speaker:were no safety cones like preventing that.
Speaker:So thank you for sharing that.
Speaker:So Jerry, I wanna get your perspective on this.
Speaker:When it comes to slip and fall injuries in New Jersey, what's one
Speaker:of the most important things that the public needs to know about?
Speaker:Slip and fall injuries specifically in the state of New Jersey?
Speaker:Well, the first thing I would say, you know, you say, oh, slip and fall injuries.
Speaker:The first thing that comes to mind to me is like ambulance chasing
Speaker:lawyer, and, oh, he slipped on a banana peel and let's sue someone.
Speaker:So I actually don't like, To refer to them as slip and fall injuries, just cuz
Speaker:there's like a bad connotation about that.
Speaker:I like to refer them more as like fall down injuries, that kind of thing.
Speaker:So the big picture, like kind of the big picture about that is that
Speaker:there are all kinds of building codes and construction codes.
Speaker:In essence, they are basic safety rules that are designed to keep everyone safe.
Speaker:So if you walk.
Speaker:Upstairs, like the height of the stairs has to be the same.
Speaker:You can't have one stair riser being, you know, a certain amount of inches.
Speaker:And then the next double and then the platform, the step that you step
Speaker:on has to be a certain width and it has to be uniform and there has to be
Speaker:handrails and all that thing, and the handrails have to go to a certain way
Speaker:that's natural with the way you walk.
Speaker:So that where you would naturally put your hand down.
Speaker:You wouldn't miss the stairwell and fall.
Speaker:So there's all kinds of building codes and basic safety rules that are in place
Speaker:to prevent disaster happening to people.
Speaker:I've had fall down cases where there's like skull fractures.
Speaker:A person's gone blind.
Speaker:We've had, we have had many fall down cases where there are serious broken
Speaker:bones, which required surgery and.
Speaker:Rods and screws put in and in almost every case that I've had in that
Speaker:regard, there was a decision made by like a property owner or a business
Speaker:to just disregard basic safety rules.
Speaker:Whether it is a stairwell that is not up to code or a restaurant or a big chain
Speaker:supermarket where there's a spilled something on the floor, which is a hazard.
Speaker:And it's funny because like when you're younger, You know, oh,
Speaker:you fall down, it's no big deal.
Speaker:You look at the nfl, the guys are jumping and falling all over the place,
Speaker:but those are young, young people.
Speaker:But when you get older, A simple fall down can wreck the rest of your life.
Speaker:We've seen it many, many times, and again, it's ordinarily because there's
Speaker:a basic set of safety rules that have been ignored, and often we find they're
Speaker:ignored because a business may wanna like maximize profits and not spend the
Speaker:money or the effort that it takes to clean up a mess or to make an area safe.
Speaker:You know, for example, like you said, something's sticking in
Speaker:an aisle and it's funny because.
Speaker:Like I've been to other countries where either they don't have
Speaker:building codes or, or they don't have like a personal injury system.
Speaker:Like for example, I've been to Mexico and it's very, very hard to bring a personal
Speaker:injury case in Mexico as I understand it.
Speaker:I mean, I don't practice in Mexico.
Speaker:I don't know for sure.
Speaker:But from speaking with attorneys in Mexico and everything, they don't,
Speaker:they don't really enforce building codes in many, in many instances.
Speaker:So when you walk in another country, You're used to walking in the United
Speaker:States and you're, you're used to just the stairs being even, and the handrail being
Speaker:where it should be, and you know, they're not being big craters in the sidewalk.
Speaker:So when you go to another country, you gotta be very careful because
Speaker:they don't have these building codes and they don't have.
Speaker:Law where if you get hurt, you can actually go to an attorney
Speaker:on a contingency basis where you can bring a case and, and
Speaker:don't have to pay an attorney fee unless, unless there's a recovery.
Speaker:So I think the biggest thing for kind of the public to know about fall down
Speaker:cases, Is that there's basic set of safety rules that have to be followed, and if
Speaker:they're not followed, disaster can happen.
Speaker:And if that happens and you go to a law firm or an attorney that's
Speaker:experienced in that can help you out.
Speaker:You know, because we've had people that can't feed their families, they can't
Speaker:work because they, they get hurt falling down spinal injuries and the like.
Speaker:Yeah, I mean a lot of those injuries can be quite serious and it can
Speaker:take, you know, months and months of recovering and physical therapy
Speaker:and a lot of things are involved.
Speaker:So thank you for sharing that.
Speaker:I wanna go back over to Stephanie.
Speaker:And Stephanie.
Speaker:I wanted to know from you, can you think of a case that you've handled at the firm
Speaker:that had to do with the slip and fall?
Speaker:Maybe give us a little bit of details, some background history of why the
Speaker:person fell, what caused the fall, what their injuries were, and, and
Speaker:how the, that case was handled.
Speaker:Sure I had a recent case and it involved woman, she was probably in
Speaker:her seventies, and it kind of goes along with Jerry's point of, you know,
Speaker:when you're younger and you fracture something, you can recover a lot easier.
Speaker:But when these, a lot of our older clients.
Speaker:Suffer an injury, it, it's hard for them.
Speaker:And then what happens is in this situation, the woman was going
Speaker:with her family to a restaurant to have something to eat.
Speaker:And it was dark.
Speaker:It was in November, end of November, and the facility had a big Christmas tree out
Speaker:in front of the door and it wasn't lit.
Speaker:And they decided, and this is ignoring the, a basic safety rule, they decided
Speaker:the restaurant as well as the Christmas tree company that put the tree up.
Speaker:To remove a paver from the walkway, and they thought that it would be a
Speaker:good idea to stake the missing paver with a wire to cross it across the
Speaker:walkway and attach it to the tree.
Speaker:So my client comes walking up, it's dark.
Speaker:The tree's not lit.
Speaker:It was dark outside the restaurant too, and her foot not only gets
Speaker:stuck in the missing paver, but then she trips over the wire.
Speaker:So in that case, she had a broken femur, which is right above her
Speaker:kneecap, and she had to have surgery.
Speaker:And actually then maybe about five to six months later, she had to have
Speaker:surgery to have the hardware removed because she had some plates and screws
Speaker:in there and they were really bothering when she was trying to do her pt.
Speaker:So then she had another surgery.
Speaker:She had to have that all removed.
Speaker:So that was a situation where, you know, we got an expert report to say that
Speaker:clearly that both the restaurant and the.
Speaker:Christmas Tree Company violated basic safety rules and then, you know, we were
Speaker:able to get very good recovery for her.
Speaker:I think I kind of remember that case.
Speaker:And what was the wire like?
Speaker:Could you see it?
Speaker:I mean, it almost sounds like a trip wire unlike, you know,
Speaker:like, almost like a trip wire.
Speaker:Like what was that wire like?
Speaker:Do you remember?
Speaker:That's exactly what it was.
Speaker:Like.
Speaker:It was a, it was, it was gray, so, and it was a hard stiff wire.
Speaker:And the problem was that they, they staked it from the missing
Speaker:paver all the way across the wall.
Speaker:Not a huge cross the walkway, but a good distance where, and she couldn't see it,
Speaker:so that's why she tripped right over it.
Speaker:They didn't put any flags or anything hanging down on the wire.
Speaker:No.
Speaker:There were no flags.
Speaker:And what's interesting is after the incident, after she was tripped on
Speaker:it and was severely injured, then they decided to put the stations,
Speaker:you know, like you see at a movie theater with the that around it.
Speaker:Then they decided to put that around it.
Speaker:So then the patrons, no, no one else would be hurt.
Speaker:But that was a little too late for this particular, you know,
Speaker:individual who did get injured.
Speaker:So that's clearly they were negligent.
Speaker:Do you know if they put that up to protect other people?
Speaker:Did they do it right after she fell or after our law firm got
Speaker:involved and sent a letter?
Speaker:No, they did it after she fell.
Speaker:They did it after she fell.
Speaker:And actually there were emails between the restaurant and the.
Speaker:And the Christmas tree company the next morning and the restaurant
Speaker:said, Hey, why did you put the Christmas tree up like this?
Speaker:It's a danger to our patrons.
Speaker:And you know, you never did it like this before.
Speaker:So one would think that, oh, it's just a Christmas tree company that is on
Speaker:the hook because they didn't do the correct implementation of, of the tree.
Speaker:But the thing with that is it's the restaurant that hired
Speaker:the Christmas tree company.
Speaker:So that restaurant has a duty of care to its business invitees,
Speaker:which is what it somebody that's coming to the restaurant is called.
Speaker:They have a duty of care to them.
Speaker:So they both violated their safety rules.
Speaker:Wow.
Speaker:I mean, of course, but that's why we have, we need lawyers because
Speaker:things like that happen all the time.
Speaker:So when it comes to slip and fall injuries and you're thinking about.
Speaker:Everywhere, like establishments, like in New Jersey, I mean, people are just
Speaker:going out, you know, for a nice meal.
Speaker:They're going to a restaurant, they're going to a concert or a
Speaker:show, they're going to all these different places and venues.
Speaker:They may not even be aware of the dangers.
Speaker:The sidewalk might not be even at these places.
Speaker:There might be, you know, objects that are on the floor that were not.
Speaker:Noticed and, and cleaned up, there might be spilled beverages
Speaker:that make the floor slippery.
Speaker:Right.
Speaker:So can we talk a little bit about the responsibility of these establishments to
Speaker:make sure that they have an environment that is safe for the patrons that, you
Speaker:know, frequent these establishments?
Speaker:I can respond to something and, and, and it was one of the things that I wanted to
Speaker:point out earlier that sometimes I think.
Speaker:Somebody that, that isn't familiar with the law may think, well, I fell in, I'm
Speaker:not gonna say a store, but you know, the big stores, the stores that we go
Speaker:to, I fell something was on the floor.
Speaker:That store is automatically responsible.
Speaker:But the, the way the law is, the defendants have to have notice
Speaker:and knowledge of that condition.
Speaker:Meaning notice the knowledge that.
Speaker:There was a lemonade in the middle of the, the store that you were
Speaker:shopping in to get your, your tissues.
Speaker:Now there's sometimes where you can get around that notice of knowledge,
Speaker:which one of the situations is if the.
Speaker:Defendant, the store or the business owner created that condition.
Speaker:So for instance, you had given an example before if there was a box in the aisle.
Speaker:So if the store actually put a box in the store, employees actually put a box in the
Speaker:aisle, or the store employees were packing something up and they left it all in the
Speaker:middle of the floor, then we wouldn't have to prove notice of knowledge because
Speaker:that defendant created that condition.
Speaker:And it's the same thing with what's called like a mode of operation.
Speaker:So if you have a, you know, the self-serve big box stores where you're
Speaker:loading all your stuff up in the front, or you have some of the grocery stores
Speaker:where you know it, perhaps it's not in the bag at that point, and they're
Speaker:bagging it, and so something happens there, then you all, then you don't
Speaker:have to show that the defendant had noticed a knowledge of that condition.
Speaker:Yeah, absolutely.
Speaker:Thank you so much for sharing about notice and knowledge.
Speaker:So I think that's a concept that our audience needs to know about.
Speaker:So, Jerry, what else does the audience need to know about slip and fall injuries?
Speaker:And, and maybe you can talk a little bit about like the investigation process.
Speaker:So if someone does come to our firm, what are some of the steps involved
Speaker:in really, you know, investigating their injury and proving that there
Speaker:was negligence, because that's a whole process that we have to take them through.
Speaker:Yeah, I think if someone comes to us for, say, a fall down injury,
Speaker:uh, let's say it's at a restaurant.
Speaker:And to answer your question very simply, the idea is that because these
Speaker:businesses are inviting people to the business to make money, that they have a
Speaker:duty to make the place safe for people.
Speaker:You can't invite people in into a trap.
Speaker:So if someone comes to us and, and they have fallen, every case is
Speaker:different and the steps that are taken in each case is different.
Speaker:But generally speaking, we're gonna try to contact the establishment as
Speaker:soon as possible and see if there's any surveillance videos of the incident.
Speaker:That's always really important.
Speaker:Today, many places are covered by surveillance videos,
Speaker:so we'll try to get that.
Speaker:A lot of times we'll get pictures, we'll try to get pictures, and
Speaker:we'll go to the scene and do like an inspection or investigation.
Speaker:Sometimes we'll go there with an engineer, so like if someone fell down steps,
Speaker:we don't necessarily know if there's anything wrong with the steps until.
Speaker:We have an engineer look at it or get some good pictures of the situation.
Speaker:So, so that's it.
Speaker:So Stephanie told about a case, so I, I gotta do a little bit of a, a war story.
Speaker:We call 'em war stories sometimes.
Speaker:Like, ah, this is what happened, you know, so we had a case and
Speaker:to share a little video here.
Speaker:And so this nice woman was walking out of a restaurant and this
Speaker:video is about 30 seconds long.
Speaker:And she's there with her friend and this restaurant did serve alcohol and
Speaker:no, she was not under the influence of alcohol walking out of there.
Speaker:And she goes to step and falls down.
Speaker:It's, it's always hard looking at that video because it's like kind of traumatic.
Speaker:So, so when you go here and look, it's like, it's like what happened?
Speaker:So we did investigation.
Speaker:We went there and we got a picture of the steps, and it was really wacky and dimple.
Speaker:I have a question for you.
Speaker:You see this picture all right now, where do you think the top platform
Speaker:ends and the first step starts?
Speaker:Can you tell.
Speaker:I'm gonna be honest with you.
Speaker:It's really hard to tell.
Speaker:It almost looks like an optical illusion, in my opinion.
Speaker:All right.
Speaker:That's funny you say that.
Speaker:So when we looked at this, it looks like the first yellow strip here is
Speaker:on the platform at the top platform.
Speaker:Do you see that?
Speaker:Do you, do you see the first yellow strip here?
Speaker:Oh wow.
Speaker:You know what?
Speaker:You're right.
Speaker:It does.
Speaker:That's exactly what it looks like.
Speaker:Doesn't it look like it's on the top of the platform?
Speaker:That's very deceptive.
Speaker:Yes, and that's exactly what happened here.
Speaker:So as she's walking out, it looks like this.
Speaker:Now, where that yellow strip is, there's actually a, it's a step down,
Speaker:but from what you called it an optical illusion, which is what our expert
Speaker:called it in the case, it looks like she's still walking on the same step,
Speaker:and that's why she mistepped and fell.
Speaker:So, That's one of the most common causes of falling is when you miss a
Speaker:step because you don't see the step.
Speaker:And in this video clearly it's very difficult to see the step
Speaker:because where the yellow line is, I mean, it's like deceptive.
Speaker:You know?
Speaker:Imagine if it was an older person who had a bit of cataracts,
Speaker:that would be even worse.
Speaker:Yeah.
Speaker:So you could see she's going to step and if, I don't know
Speaker:how much you can see it there.
Speaker:But you could see the edge of this top of the platform.
Speaker:And her heel is like right in the middle of it.
Speaker:She's thinking she's still on the top platform and goes down, so,
Speaker:so if we look at a closeup picture of that and you could see it.
Speaker:Look at this one.
Speaker:Yeah.
Speaker:Okay.
Speaker:So we had an expert look at that to give you an idea of what these cases are like.
Speaker:And lo and behold, there's a building code that addresses this exactly.
Speaker:And these yellow stripes on the steps are called treatment.
Speaker:They're called step treatments.
Speaker:And if you decide to treat the, first of all, you have to put treatment on it,
Speaker:meaning you have to put the yellow strip because this wood all looks the same.
Speaker:So you have to have a treatment to differentiate it.
Speaker:But when you do the treatment, the building code requires the treatment
Speaker:also to be on the top step for this very thing that happened here.
Speaker:So we investigated the case.
Speaker:We attempted to settle the case pre-suit.
Speaker:They weren't offering any, any reasonable money.
Speaker:We got experts in the case and then the insurance company.
Speaker:So in all these cases, pretty much all these cases, there's an insurance
Speaker:company behind the restaurant.
Speaker:When you file the case, yes, you name the restaurant, but really it's the
Speaker:insurance company that would hire the lawyers for the restaurant and
Speaker:pay any judgment or settlement to the limits of the insurance policy.
Speaker:So really it's the insurance company that you're fighting with.
Speaker:So then they hire these experts that said, oh, it, you don't need a treatment
Speaker:on the top of the step, and it would've made it more dangerous, et cetera, et
Speaker:cetera, and that shouldn't be done.
Speaker:So then in the case, after we got those reports and after they got the
Speaker:report from our expert that did this and laid it out, we went back to the
Speaker:scene and lo and behold, they put a treatment on the top of the step.
Speaker:So they're basically hiring these experts to basically just lie.
Speaker:And it's like, oh, you know, so what happened?
Speaker:So here, there was a bunch of injuries, but one of the more significant injuries
Speaker:was she broke her wrist real bad.
Speaker:You can see the deformity there.
Speaker:And then she had to go to the, to the er, and they put her hand up in the
Speaker:sling and did like a closed reduction.
Speaker:And then what we'll also do from time to time in cases, is
Speaker:we'll get medical illustrations.
Speaker:So this is a, this is a medical illustration of the, the actual
Speaker:x-ray, and then it's drawn to show what happened to the bones, and then
Speaker:there's like plates put in and all this kind of thing, you know, and
Speaker:then there was like other injuries.
Speaker:So that's kind of like an example of one of these cases.
Speaker:And.
Speaker:I mean, a person like that, they could have broke their neck.
Speaker:It could have been an older woman.
Speaker:I mean, this woman had probably $200,000 in medical bills from this.
Speaker:It's not like you do it and then, oh, the insurance company pays the money.
Speaker:No.
Speaker:What they do, because these insurance companies are funded
Speaker:like to billions of dollars.
Speaker:And they used that money to just fight and try to wear you down.
Speaker:We took this case, I think we litigated for like four years, um, and we
Speaker:brought it all the way to trial.
Speaker:We were in the middle of jury selection and then finally they paid, I forget
Speaker:the exact number, it was like got the woman like six or $700,000 and
Speaker:settlement, but it wasn't easy.
Speaker:It was like a lot of work.
Speaker:And then they send her to doctors saying that, oh, her injuries aren't
Speaker:bad, and she had a good result.
Speaker:She also had some spinal injuries and they say, oh, well, She
Speaker:doesn't have spinal injuries.
Speaker:And even if she does, that's from being a cheerleader in high
Speaker:school or something, and they come up with all these crazy things.
Speaker:So that's what we have to fight.
Speaker:So, so again, you gotta be careful out there if you're, if you know,
Speaker:if you're running a business and stuff, make sure you get your general
Speaker:liability insurance and make sure you're following just basic safety rules.
Speaker:And a lot of these safety rules are just common sense, you know, Jared,
Speaker:like that's such a great example.
Speaker:And I mean, what's coming to my mind is, I'm pretty sure.
Speaker:That's not the first time that someone has fallen down that staircase.
Speaker:It's just that that's the first time someone's fallen down and injured
Speaker:themselves or injured themselves enough where you know they broke
Speaker:their wrist and things like that.
Speaker:But I can guarantee someone's probably fallen down unless it was newly built and
Speaker:that she's one of the first few people.
Speaker:The other thing that comes to mind is, When things like this happen,
Speaker:I think clients are not aware.
Speaker:Like they just think like the restaurant's gonna say, oh yeah, I
Speaker:can deal with our insurance agency.
Speaker:And they're not really clear about why it's so important to hire a reputable and
Speaker:knowledgeable personal injury attorney to fight for them because maybe you can
Speaker:shed a little bit of light on what happens when they don't have an attorney to
Speaker:represent them, and they're just trying to deal with the insurance company and
Speaker:the restaurant on their own, for example.
Speaker:Yeah, just real quick on that and then maybe Stephanie can speak to that, but
Speaker:I, I had a quick thing just in what you said, well, maybe they didn't get hurt
Speaker:or maybe they, the other maybe is, you know, if there was other people that
Speaker:fell is maybe they didn't find a lawyer that knows how to handle these cases.
Speaker:We've had many cases come to us that we have settled for many hundreds of
Speaker:thousands or sometimes millions of dollars, where other attorneys either
Speaker:told them you don't have a case, or they handled the case for a while.
Speaker:I just settled the case last Friday.
Speaker:It was for a worker who fell off scaffolding on a job and he had built the
Speaker:scaffolding and it didn't work, and he had to like kind of go off the scaffolding.
Speaker:We settled this case for $400,000 and that again, it was after like five years
Speaker:of litigation, but he was so happy.
Speaker:He goes, you know, I went to this other law firm.
Speaker:And they told me I had no case and I couldn't handle it.
Speaker:And that wasn't like a real estate law firm or a criminal defense law firm.
Speaker:It was a personal injury law firm.
Speaker:So it's important to actually find a law firm that handles the cases
Speaker:that have a reputation of taking cases to trial, that kind of thing.
Speaker:But Stephanie can probably speak a little bit better about what, specifically
Speaker:what, what you had asked about.
Speaker:Can someone handle these cases on their own and get justice?
Speaker:So I think the answer to that is somebody could handle it on their own, but they
Speaker:certainly will not get the amount of money and the compensation that they would
Speaker:get if they hired a well-versed personal injury law firm like ours, or really
Speaker:any firm that knows what they're doing.
Speaker:Cuz the thing is, the insurance company will say to them, oh,
Speaker:here's, you know, Here's $3,000 or $5,000 to keep them quiet.
Speaker:And to a client that might be like, Ooh, okay, that's good.
Speaker:But the thing is, when they come to us, then we say, okay, we, we get the video.
Speaker:We see if there were any prior incidents there.
Speaker:And then once we get involved, the insurance company, they kind of sit up
Speaker:and take notice and say, okay, wait.
Speaker:This is a serious case.
Speaker:So I definitely think if you wanna get the most for your money and be compensated
Speaker:for a safety violation that the store or the restaurant has committed, then
Speaker:I definitely think you need to come to our law firm or an experienced attorney.
Speaker:Yeah, absolutely.
Speaker:That's, that's, you know, really, really crucial because without that,
Speaker:they're just gonna be misled and they may not know what they don't know.
Speaker:Right.
Speaker:It's not their fault for not knowing.
Speaker:And I think that's one of the reasons why we're, you know, putting this podcast
Speaker:out there is to educate New Jersey workers and residents on knowing the
Speaker:difference between the laws and getting the justice that they need because
Speaker:they don't know what they don't know.
Speaker:Right.
Speaker:And we're doing this to.
Speaker:Bring more awareness around injuries, whether it's workplace
Speaker:injuries, whether it's construction injuries, whether it's slip and fall
Speaker:injuries, like all of those things.
Speaker:So thank you for sharing that.
Speaker:And then one of my final questions would be like Jerry, And then maybe if
Speaker:you know you wanna chime in after that, Stephanie as well, that'd be great.
Speaker:But I know like people always wanna know this like, well, how,
Speaker:how are settlements calculated?
Speaker:And I know there's 10 tons of factors that go into calculating a settlement,
Speaker:but for the people that are always asking these questions, maybe you
Speaker:could shed a little bit more light onto that topic, because I know it's
Speaker:a common question that people have.
Speaker:All right, so I'll equate that to a hamburger or a cheeseburger.
Speaker:How is a cheeseburger priced?
Speaker:Well, if you go to McDonald's, the cheeseburger is gonna be priced one way.
Speaker:If you go to Spark Steakhouse in New York City, the cheeseburger is
Speaker:gonna be priced a different way, and a lot of that goes into how
Speaker:many cheeseburgers are they making?
Speaker:What kind of meat are they getting?
Speaker:So at the end of the day, you know, law is a business, law firms, private
Speaker:law firms, personal injury law firms.
Speaker:It is a business and there's, and there's different business models.
Speaker:And some law firms will go for like kind of the fast food law, meaning they'll
Speaker:make a ton of hamburgers and charge $2 for the hamburger, or maybe perhaps on
Speaker:one menu you can get it for a dollar.
Speaker:Whereas a steakhouse is gonna charge a lot more because it's a better hamburger.
Speaker:So, Settlements are calculated on a lot of different things.
Speaker:There's never a guarantee in any of these cases, and we've definitely lost cases.
Speaker:There's no question about that.
Speaker:But we've also won a lot of cases, and we've certainly won
Speaker:far more than we have lost.
Speaker:And we like to think that we get really good settlements and we
Speaker:get high settlements in cases because we we're not a mill.
Speaker:We don't handle big volumes of cases, and I like to think that we have a reputation
Speaker:for taking cases to verdict and trying them and hiring good experts and putting
Speaker:the resources and the tender loving care that these cases require we put into them.
Speaker:And I like to think that because of that we're making.
Speaker:A better hamburger, but we're we're getting better settlements.
Speaker:So there's a lot that goes into how do you value a case and
Speaker:how do you value a settlement.
Speaker:It's the injury, but it's the attorney and the law firm and how they're working
Speaker:the case up and are they investigating it.
Speaker:Like those medical illustrations that I showed you on that case, I
Speaker:think they cost probably $8,000.
Speaker:Some law firms.
Speaker:Won't even think to do medical illustrations like that.
Speaker:They'll just say, oh yeah, they broke the wrist and had surgery.
Speaker:It's one thing to say, it's another thing to show it.
Speaker:A lot of it goes into like the age of the person and what permanent life
Speaker:changes they've had and what the medical bills are and what the wages are.
Speaker:But it's easy to say all those things, but it's another thing to go up against
Speaker:a well-funded insurance company or a corporation that's fighting you in court
Speaker:and fighting everything you do, including fighting your ability to make the claim
Speaker:for medical bills, fighting your ability to make a claim for wages or fighting,
Speaker:your ability to bring in witnesses to testify as to what the injuries are.
Speaker:So a lot goes into how it's valued.
Speaker:So thanks for asking that.
Speaker:Yeah, thank you for sharing that.
Speaker:I mean, and then that was a great analogy, by the way.
Speaker:Thank people can relate to storytelling and hamburgers and all that stuff,
Speaker:so thank you for sharing that.
Speaker:You know, last thoughts are like, let's, let's see if we can leave the
Speaker:audience with some pointers on their day-to-day life and errands that
Speaker:they're running out in New Jersey.
Speaker:Like what are some tips you can give them on staying safe and being
Speaker:more aware of their surroundings so that they are not ending up
Speaker:in one of these slip and fall or.
Speaker:Fall down injuries, as you would say.
Speaker:I think a few tips that I would have is just one of the things that you said is
Speaker:being more aware of your surroundings.
Speaker:So when you park in the parking lot at the, at the mall or one of the
Speaker:big box stores and you get out, think to yourself, okay, am I getting out?
Speaker:And especially if there's ice or there's snowy conditions, don't assume, never
Speaker:assume that it's properly cleared.
Speaker:Never assume that there it was properly salted or that there isn't ice somewhere.
Speaker:So just I, I would say as to that, take your time, be very mindful of your
Speaker:surroundings when you're in a store.
Speaker:The same thing, be mindful of your surroundings.
Speaker:Don't assume that it, the stores are gonna be, the aisles are gonna be
Speaker:clean and neat and there's not gonna be something that's, that's there.
Speaker:But one of the things I wanted to bring up was, Also don't assume because
Speaker:it's not gonna happen, that if you do fall, that that store is gonna
Speaker:have your best interest at heart.
Speaker:So for instance, if you're too injured, you call somebody and have them come,
Speaker:you know, come out to file an incident report to say, Hey, you, you need to
Speaker:save whatever video you have here.
Speaker:Because you can't trust that they will have your interest
Speaker:at heart because they won't.
Speaker:And also, say for instance, you fell outside on a sidewalk at
Speaker:your condominium complex, okay?
Speaker:You might be thinking, oh gosh, I'm, I'm injured, I gotta get,
Speaker:I gotta get to the hospital.
Speaker:I got to get, get this figured out.
Speaker:And that's true, but you can also have maybe somebody in your family say, Hey.
Speaker:Any ring doorbells, we have an issue, one of my cases where there's, she
Speaker:fell outside on her condominium.
Speaker:They didn't properly clear it.
Speaker:There was snow and there was ice.
Speaker:And it was at a time when they, they knew the condominium owners
Speaker:would be out walking their dogs and going to work and it wasn't cleared.
Speaker:And they ended up getting a ring doorbell from somebody, one of their neighbors,
Speaker:that showed exactly what happened.
Speaker:So I guess my point is, if this does happen to you, just
Speaker:really try to be proactive.
Speaker:Don't wait.
Speaker:And I know we're not on this, but same thing with an automobile accident.
Speaker:I mean, you or automobile crash you.
Speaker:Same thing.
Speaker:We just had one where I'd hit by a car.
Speaker:She was walking, she was a pedestrian.
Speaker:And I said to the daughter when she called me, Hey, go to, there's a gas
Speaker:station across the road, isn't there?
Speaker:Let's get that video.
Speaker:And they've got the video and it captured everything.
Speaker:You wait too long and then the video will be erased.
Speaker:So I guess that's what I would say to keep your eyes and your ears open,
Speaker:and if something, God forbid happens, please be your own advocate and see if
Speaker:you can get video and then, Come to us.
Speaker:Thank you, Stephanie.
Speaker:Those are all great tips and you know, actionable things that injured parties can
Speaker:start taking or anyone who's with them can also help them do some of those things.
Speaker:So thank you so much.
Speaker:And, and Jerry, what else would you add to that in terms of any safety
Speaker:pointers and tips for all of our New Jersey residents out there?
Speaker:Well, I know that when I watch podcasts, I definitely lose interest after 20
Speaker:minutes, and I know we're over that part.
Speaker:So my advice would be to tune into the next podcast.
Speaker:You're so smooth, aren't you?
Speaker:But I'm also gonna tell the audience if they are listening to the audio
Speaker:version right now, that we're gonna link the YouTube video in the show
Speaker:notes and make sure you check that out to see the video of the case that
Speaker:Jerry shared where the female fell with the poorly marked staircase.
Speaker:I think you'll find it very fascinating to watch.
Speaker:So make sure you guys do that.
Speaker:And this is a wrap.
Speaker:We'll see you guys next time.
Speaker:And there you have it, folks.
Speaker:Another episode of Jersey Justice Podcast.
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