Injuries sustained from a slip and fall accident can vary from minor to serious, and medical bills that usually follow them can be very expensive and worrisome. In order to receive compensation for your slip and fall case, you must file a lawsuit against a negligent party. Hiring an experienced personal injury lawyer can substantially increase your chances of obtaining the compensation that you may be entitled to after your accident.
At The Law Place, we have 75 years of combined experience in navigating the Florida legal system and have ample knowledge regarding the laws that deal with personal injury claims. Slip and fall cases can be complex, so it’s important to hire an experienced lawyer who’s well-versed in cases such as yours. Our personal injury attorneys will analyze your case and determine who should be held liable for the slip and fall accident. By doing this, they can ensure that you obtain the compensation that you may be entitled to.
We’re committed to getting the justice that our clients deserve, so you can ensure we will fight tirelessly to win compensation for your claim. Call us at (941) 444-4444 to schedule a free consultation with a slip and fall attorney today.
What Is the Average Slip and Fall Lawsuit Worth?
In short, an average slip and fall settlement doesn’t exist. As is the case with car accident cases, each settlement awarded for a slip and fall case is calculated based on the circumstances surrounding each specific case. The factors that can affect the final settlement awarded for a slip and fall lawsuit include:
- Who was liable for the accident.
- Type of injury/injuries sustained.
- The medical treatment needed to treat the injuries.
- The impact on the victim’s quality of life.
- Quality of evidence put forward to prove your claim.
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Premises Liability Claims in Florida
In order for a claimant to receive compensation for their claim, an attorney must prove that the property owner of where the accident took place was liable for the accident that occurred. Under Florida Statute 768.0755, in order for a claim to be successful, a claimant must prove that the property owner of the place in which the accident occurred failed to provide a safe and secure environment which ultimately led to the slip and fall accident. Likewise, the claimant must prove that the property owner knew of the hazard that caused the slip and fall accident before the accident occurred and failed to act.
When filing a slip and fall lawsuit, an attorney must prove the following:
- The property owner owed the claimant a duty of care.
- The duty of care was breached.
- Because of this breach, the claimant sustained injuries.
When property owners fail to provide a person on their property with a duty of care, and the individual sustains an injury, the property owner may be held liable for negligence. In order to receive compensation for your claim, a lawsuit must be filed against the property owner.
How Could an Insurance Company Devalue My Claim?
Insurance providers are businesses that prioritize profits over people. Insurance companies may try to devalue your claim so that they can reduce the final settlement they may have to pay you. In order to devalue a claim, an insurance company may argue that:
- The claimant was acting recklessly and therefore was partially responsible for the accident.
- The claimant didn’t have permission to be on the property.
- The claimant was aware of the hazard that caused the accident but failed to avoid it.
Claimants should note that, under Florida Statute 627.7407, Florida is a no-fault state which means that claims must first be filed with the claimant’s own insurance provider. If the debts you incur as a result of your accident exceed your own insurance policy limit, your attorney can help you file a personal injury lawsuit against the at-fault person’s insurance company.
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Comparative Negligence Law in Florida
Under Florida Statute 768.81, the State of Florida operates using comparative negligence laws meaning that more than one party involved in a claim can be held liable for an accident. In theory, Florida’s comparative negligence rule means that an insurance provider may be able to place some liability for the accident on the claimant.
A court must first determine whether or not the property owner was responsible for the accident. Once this has been determined, it must then determine if the claimant was partially responsible for their accident too. In the case that the court finds a claimant partially responsible for their own accident, their final settlement will be reduced by a percentage under the comparative negligence law. For example, if the claimant is initially rewarded $20,000 for their accident but is found to be 20% liable for what happened, their final settlement will be reduced by 20%. So, in this example, the claimant would receive $16,000.
A personal injury lawyer will fight insurance providers to ensure that they are unable to devalue your claim by holding you partially responsible for your accident. At The Law Place, we know how insurance companies operate, so we’re always ready to defend your personal injury case against them.
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Statute of Limitations and Slip and Fall Cases
In Florida, claimants normally have a time limit to file personal injury cases. Under Florida Statute 95.11, a person wanting to file a slip and fall claim has 4 years from the date of the accident to file the lawsuit. After 4 years have passed, the claimant is no longer permitted to file the slip and fall claim. In the case that the accident resulted in wrongful death, the law states that claimants only have 2 years to file a lawsuit.
At The Law Place, we highly recommend filing your personal injury claim soon after the accident occurs. Most evidence of accidents occurring, such as CCTV footage, is usually only available for a limited period of time, and the memories of eyewitnesses can become hazy with time. Therefore, it’s important to file a lawsuit soon after the accident. Call our law firm to discuss your case with one of our attorneys during a free consultation today.
Injuries Commonly Sustained After a Slip and Fall Accident
Slip and fall accidents can cause devastating injuries for those affected. In particular, when an elderly person sustains slip and fall injuries, they can sometimes prove fatal. Therefore, it’s important to seek medical attention soon after sustaining an injury. Some injuries do not become apparent until days, weeks, or even months after the accident, so asking your doctor for a physical examination is highly recommended after an accident. Some of the common slip and fall injuries that a person can sustain after a slip and fall accident include:
- Traumatic brain injuries.
- Bruises, cuts, and sprains.
- Internal bleeding.
- Soft tissue injuries.
- Spinal cord injury.
- Broken bones.
- Hip fractures.
According to The National Safety Council (NSC), over 800,000 people are hospitalized every year in the US due to slip and fall accidents. Accident victims who sustain injuries such as these are often left in hundreds if not thousands of dollars in debt. These injuries often require medical treatment that can be very expensive, so seeking compensation to cover these costs is crucial. A Florida slip and fall lawyer can help you recover these expenses.
Damages You May Be Able to Claim From a Slip and Fall Lawsuit
Knowing what damages you may be able to claim after your accident is important. At The Law Place, we believe it’s essential for our clients to be kept in the loop, which is why we ensure that our clients know exactly what damages we plan to peruse for them. Damages that are often claimed after a slip and fall incident include:
- Medical bills – Medical care in Florida can be very expensive. Slip and fall accidents are usually unforeseeable, so many accident victims are not financially prepared to deal with the large medical bills that usually follow them. A lawyer can calculate how much you may be owed in medical expenses and fight to ensure you receive compensation to cover these costs.
- Lost wages – An attorney can help you recover the income you may have lost as a result of not being to work after your accident. Sustaining a serious injury can make it difficult to return to work for an extended period of time, so it’s important to seek compensation to cover your lost income.
- Property damage – During your accident, your property may have been damaged. A lawyer can seek compensation to cover the costs of repairing or replacing your damaged property.
- Pain and suffering – These damages are known as non-economic damages as they are designed to cover physical pain and emotional trauma that you may have experienced as a result of your accident. You may have developed anxiety, depression, or PTSD due to your accident, and claimants have a right to seek compensation for this.
- Wrongful death – In the case that you have lost a loved one due to a slip and fall accident, you may be able to obtain compensation. Compensation for wrongful death covers things such as funeral costs and medical expenses the person incurred before their death. A family member of the deceased can also claim for the loss of love, support, and guidance they have experienced since the death of the person.
What Can a Slip and Fall Lawyer Do for Me?
Hiring a slip and fall lawyer can increase the likelihood of obtaining the highest amount of compensation possible for your claim. Things that a slip and fall attorney can do for accident victims include:
- Provide legal advice – Understanding the complexities of Florida law can be difficult and confusing, so having a lawyer to answer questions and clarify the doubts you may have throughout the legal process can be very useful.
- Collect evidence – In order to have a successful case, strong evidence must be collected and used to prove that what you’re claiming is true. Evidence, including eyewitness statements and CCTV footage, is sometimes difficult to obtain, but our lawyers can quickly source this evidence in order to strengthen your claim.
- Establish negligence – It’s crucial to establish that a property owner acted negligently, which ultimately led to your fall. Without establishing negligence, it’s very difficult for a claimant to win compensation. A lawyer can do this for you.
- Calculate damages – A personal injury lawyer can quickly calculate the compensation you may be owed. They will review the details of the case and determine what a fair settlement would be for your claim.
- Lead insurance negotiations – Insurance providers often dispute claims in order to avoid paying out large settlements. Your lawyer will lead negotiations with the insurance companies involved in your case to ensure they act reasonably and offer a fair settlement.
- Represent you in court – Our legal team won’t hesitate to represent you in court if necessary. They will deal with court deadlines and paperwork so that the legal process is as stress-free as possible.
Contact The Law Place Today
If you have been involved in a slip and fall accident on someone else’s property, contact The Law Place today. At our law firm, we have ample experience dealing with slip and fall cases, and we know how to get the best outcome for your specific case. Injuries caused by these accidents can be devastating, and seeking compensation to cover the expenses that are usually incurred can help alleviate financial worries and concerns.
Your lawyer will review your case and determine the best legal route to pursue the compensation that you deserve. Personal injury cases can sometimes be complex, which is why having a lawyer fighting your corner every step of the way is so important. A legal professional will help you file your lawsuit and seek justice for your accident.
Our phone lines are always open, so you can contact us at any time of any day. Call us at (941) 444-4444 to schedule your free consultation and discuss your Florida slip and fall case in detail with a personal injury attorney.
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