Mishap can occur in a moment. One minute you are strolling through a grocery retailer, workplace lobby, or car parking zone, and the next thing you are on the floor, wondering how you got there.
In America alone, slip and fall accidents are one of the leading causes of personal injury. The National Safety Council estimates that over 8 million people are rushed to the ER every year because of a fall, that’s one out of three trips to the emergency facility.
Even though these incidents happen relatively frequently, many victims are often unaware that they may have the right to collect damages if someone else is responsible for them tripping and falling.
For more than 20 years, Goldman Daszkal & Stallone has been helping Florida slip-and-fall victims establish their rights in the legal system and obtain their compensation. Taking specific steps after an accident could be the difference between winning and losing your case.
What Is Slip And Fall Law?
The law of slip and fall is under a broader concept of the law of premises liability. It is implied that the property owners, the business owners, and landlords owe a duty of care to ensure that their premises are in a reasonably safe condition and hazard-free.
They may be prosecuted against the injuries when they do not do just that, and a person is injured due to it.
In a nutshell, the case of slipping and falling boils down to evidence that a hazardous situation did exist, the knowledge of the same was known or ought to have been known by the owner, and that it is this negligence which led to your injury.
Common conditions that can result in a fall include:
- Slippery floors that are wet and have no warning signs.
- Unequal flooring, or loose tiles.
- Inadequate lighting of corridors or parking lots.
- Damaged sidewalks or steps
- Aisles should not have cluttered walkways or left-over obstructions.
- Shifting, easy-to- move floor coverings.
Even a seemingly trivial element, such as a spillage that has not been taken care of, can result in severe injuries such as broken bones, head injuries, etc.
The Implications Of Duty Of Care And Negligence On Slip And Fall Cases
In order to present an effective slip and fall claim, you will have to establish that the carelessness of the property owner led to your accident. The property owners should bear some responsibility of care to the visitors; they should exercise reasonable actions to ensure that the property is safe.
For example:
- The owner should pay attention to the inspection of the premises on a regular basis.
- A landlord must maintain broken stairs or railings in proper condition.
- A store manager should be able to clean spills and put up warning signs whenever there is a wet floor.
In case of violation of this responsibility, they can be made liable for any later injuries. In a slip and fall case, it is not always an easy task to prove negligence. Your personal injury lawyer and you must demonstrate that there was indeed a dangerous state of nature on the premises, the owner had actual or should have known about the danger, and that the owner failed to either remedy the issue or to warn people of the danger.
You should also prove that this failure directly resulted in your injury. Such a statement cannot be easily proven unless there is any solid evidence, including photos, eyewitness testimonies, or medical history.
That is why the prompt intervention and proper registration of all the post-accident facts are important measures to safeguard your rights.
General Advice On What To Do Right After A Slip And Fall Accident
In case you have sustained an injury due to slip and fall, anything you do during the minutes and days after that event may have a large influence on the success of your claim. Here’s what you should do:
- Consult a doctor instantly. The symptoms can manifest a few hours or days later, even when the injury seems insignificant. Medical records are very important evidence.
- Report the incident. Notify the property owner, the manager of the business or the landlord on the location of the accident. Demand a written report on the same and hold a copy.
- Record all that you can: photograph or record video of the dangerous situation, time, lighting, weather, and get names and contacts of possible witnesses.
- Keep your footwear and clothes. They will be able to support the situation during the fall.
In most cases, it is always advisable to provide detailed statements to insurance firms without involving an attorney, since most of them will attempt to reduce or deny responsibility.
Contact a slip and fall attorney. The more you can seek legal advice the higher the rates of securing your rights and creating a good case.
These measures, when acted immediately after a slip and fall accident will be the difference in your case. The better you are placed to seek the compensation you are owed the more pieces of evidence you can maintain and the sooner you have an effective slip and fall attorney.
Common Challenges In Slip And Fall Cases
Each instance of personal injury is different, but the slip and fall cases have their own impediments. Being aware of such barriers will enable you to be more prepared.
1. Proving Negligence
You should also prove that the owner of the property was careless. By so doing you have to demonstrate that the risk was not unforeseeable and sudden e.g., a spill that was caused just right before you fell may not lead to any liability.
2. Comparative Negligence
Florida is a comparative negligence state, and therefore, if you were partially liable, your compensation will be low. This would affect how much you recover in case you were distracted, put on unsafe shoes or ignored warning signs.
3. Statute of Limitations
A slip and fall case has a time limit to file the case. In Florida, the statute of limitation of personal injury is normally two years after the accident occurred. Wait too much, and you will never see your compensation again.
4. Insurance Company Tactics
Minimizing the injury, questioning the liability, or making a lowball settlement are common attempts by insurers. Having a seasoned lawyer will ensure that you do not take less than what you are supposed to get.
Forms Of Compensation In Slip And Fall Claims
The compensation that may be awarded to victims of slip and fall injuries may be different, and all of them will be determined by the situation. These may include:
- Medical Bills: Emergency expenses, hospitalization, surgery, and rehabilitation expenses.
- Lost wages: You will be paid lost wages in case the injury temporarily or permanently prevents you to be at work.
- Pain and suffering: It is the compensation of physical pain, emotional distress, and a lowering of the quality of life.
- Out-of-pocket expenses in economy-medication, transportation, and assistive devices.
In extreme situations, a slip and fall attorney will be capable of helping to get damages due to long-term care or permanent disability. The idea is to assist you in reclaiming the money that you have lost and to be back on your feet again after having a traumatizing fall.
Building A Solid Slip And Fall Case
To win a slip and fall lawsuit, it is necessary to prepare and provide good evidence. The following is the way that a competent personal injury lawyer will assist you to develop a solid case:
- Scene investigation: collection of photos, video surveillance and records of inspection.
- Witness interview: get witnesses to give statements which will corroborate the way the accident happened.
- Review medical evidence: With the help of your medical records give a direct correlation between your fall and your injuries.
- Demonstrate negligence: To demonstrate that the owner of the property is negligent in creating a dangerous situation or in failing to remedy that situation.
- Dealing with insurance companies: negotiating a fair settlement without loss of rights
- Preparation on trial: In case this fails, your lawyer will bring it to court and seek the judgment you are entitled to.
The fall lawyer can assist you to guard your best interests during the process. Goldman Daszkal & Stallone is a contingency fee firm, which involves only paying when we are able to win a case on liability.
Time Taken To Resolve A Slip And Fall Case
The duration of your slip and fall case is dependent on many factors, including the complexity with which it will be substantiated that a person or company is at fault, the severity of your injuries, how much time you need to recover, the disposition of the insurance companies to compromise, and the court time and regulations.
There are those cases which may be resolved in a few months. The others will be longer in case they are taken to court. In the process, your lawyer assists you in knowing the realistic schedules of the entire case and takes you through the entire process.
Why Choose Goldman Daszkal, P.A.
Fall cases are potentially catastrophic to the victims. We are at Goldman Daszkal, Stallone P.A. where we understand the degree of the physical agony, huge medical expenses, and loss of income, and uncertainty of what the future holds that many of our clients go through.
Our firm has slip and fall lawyers who have been in practice and have handled thousands of personal injury cases across the state of Florida. We understand how to research complicated cases, establish that the owner of the property was negligent, and make parties accountable.
By calling our law firm, you will obtain:
- Free case assessment to know what your rights and options are.
- Personal contact with a qualified lawyer who will hear them out.
- Honest suggestions as to your possible case and the damages you may be in a position to claim.
- Contingency fee plan-you do not pay unless we win.
We boast of the reputation of aggressive representation, caring treatment of clients, and proven outcomes. Regardless of whether your accident occurred in a shopping mall, residential or in the parking lot, our lawyers strive to ensure that you receive the compensation you rightly deserve.
In the event of your injury caused by a slip and fall, you should never wait to seek the services of an attorney. The faster you get action, the better your case will be.
We are here to give you the knowledge of your rights, safeguard your interests and get you through the entire legal procedure at Goldman Daszkal. We also have a professional personal injury law firm with the level of expertise, focus, and resources to seek justice on your behalf.
You can call us and get your free consultation. We will fight on your behalf and restore you to your feet with the compensation that you deserve.
