Have you been the victim of a slip and fall accident in the State of Florida? These incidents have always been notorious for causing a series of hardships to all victims. The physical damage created from the accident can range from mild to severe depending on the nature of the fall. However, due to the unexpectedness of the incident, most slip and fall victims tend to suffer considerable damages.
For example, according to the National Floor Safety Institute, slip and falls account for more than 8 million emergency room visits per year in the United States. Apart from the physical and emotional distress, slip and fall accidents will also affect your wallet. Depending on the severity of your injuries you will be forced to spend a specific amount of time at home or the hospital while recuperating your health.
Trip and fall accidents lead to an array of legal battles with the responsible party of the establishment, or owner of the property in which the fall took place. Furthermore, the insurance representatives of these establishments will try to undermine your potential injury claim and then proceed to offer you very unfair and low compensation.
We understand that the entirety of this situation may sound quite complex and that you may not have any options to move forward correctly. However, we are happy to tell you that this is not true!
By hiring the services of a slip and fall lawyer in the State of Florida, you will increase your chances of achieving just and fair compensation for your physical, emotional, and financial damages. Additionally, you will be properly represented by a highly-skilled legal professional. Throughout our article, we will discuss the most common causes of slip and falls, the legal framework concerning these accidents, and the benefits of hiring a slip and fall attorney when dealing with this issue. Let’s get started!
What Are Slip and Fall Accidents?
Slip and falls are accidents that occur when someone trips and falls on someone else’s property. More specifically, they can occur in public spaces such as supermarkets, restaurants, malls, and banks.
Despite the reference to a “slip”, this branch of tort law encompasses any accident that results from an individual encountering an insecure condition that leads to a stumble, overextension, twist, or other movements.
Slip and fall
accidents are categorized as “premises liability” claims. This means that the
establishment owner is legally responsible for keeping his/her property free of
any dangerous conditions. These can be the following factors:
- Floor debris,
- Clutter on stairways,
- Torn carpeting,
- Slippery floors,
- Potholes,
- Uneven surfaces,
- Cracked sidewalks,
- Ice and snow,
- Poor lighting in closed areas.
These unsafe conditions can lead to the following personal injuries:
- Fractures in hands, fingers, wrists, legs, and hips.
- Soft tissue injuries such as sprains, strains, and contusions. However, slip and fall victims who suffer from other conditions like bursitis and tendonitis may notice their pre-existing ailments worsen considerably. Usually, soft tissue injuries develop days after the first day of fall. That is why it is very important to seek medical assistance right after the incident.
- Traumatic brain injury (TBI) is among one of the most serious potential consequences of a slip and fall accident. Brain injuries can produce reduced mental capacity, confusion, migraines, dizziness, nausea, and other severe repercussions that can negatively affect your quality of life.
Legal Standards of Slip and Fall Accidents in Florida
- Florida’s Statute of Limitations: This law determines how long after an accident an injured victim of the accident has to file a personal injury accident lawsuit. Once the victim fails to file the claim after the time limit given, the victims have no legal right to seek compensation for their damages. In Florida, victims are given four years from the date of the fall and in some cases, from the date they discover their injuries to file their lawsuit.
- Comparative Negligence Law: This mandate establishes the contribution of each party to the incident. Florida follows a “pure comparative negligence law”. This means that the known awards of slip and fall personal injury victims will be reduced according to their fault percentage. For example, if you were 20% liable, a compensation of $100,000 will be $80,000. This law also defends establishment owners. For instance, examples of this can occur in the following circumstances:
·
You were a trespasser at the time of the fall,
·
You were not paying attention to where you were walking (perhaps texting
while walking),
· There is proof that you were aware or pre-warned about a possible hazard that could have caused a potential fall.
This Is Why You Need a Florida Slip and Fall Attorney
- Slip and fall lawyers will guide you through the entire process of your claim. They will help you properly file your claim and assist you in understanding the legal verbiage within those specific documents.
- Slip and fall attorneys are experts on tort state law. These injury lawyers will make sure that your claim complies with all of Florida’s mandates.
- As we mentioned before, establishment owners and their insurers will try to undermine your claim or offer you inaccurate amounts of compensation. Slip and fall lawyers know how to properly determine your award by properly representing your pain and suffering, as well as calculating your lost income.
- Gathering evidence in a slip and fall case is a must-need asset. You must prove that the other party caused the incident. Having that in mind, your slip and fall attorney can prove this by getting access to surveillance footage, eyewitness testimonies, and your medical reports.
Contact a Slip and Fall Lawyer Right Now!
This information has been brought to you by the best law firm in Florida. You should not allow your pain and suffering to deteriorate your quality of life. By hiring a slip and fall lawyer, your rights and interests will be defended by a highly skilled legal expert. What are you waiting for? Call a slip and fall lawyer right away!