Our team of experienced Florida slip and fall attorneys is here to help you through the complex process of filing a personal injury lawsuit.
Summary
- Werner, Hoffman, Greig & Garcia offers expert guidance to navigate the complexities of filing a slip and fall lawsuit in Florida, ensuring fair compensation for injuries and damages.
- To win a slip and fall case, it’s essential to prove the property owner’s knowledge of the hazard, along with duty of care, breach of duty, causation, and actual damages.
- Common causes of slip and fall accidents include poor lighting, uneven flooring, and clutter, leading to injuries such as traumatic brain injuries, spinal cord injuries, and fractures.
- In Florida, you have two years to file a slip and fall claim; hiring an attorney promptly helps meet deadlines and strengthens your case.
If you’ve been injured in a slip and fall accident in Florida, our team of experienced attorneys is here to help you get the compensation that you deserve for your damages. Slip and falls can happen almost anywhere, including businesses, parking lots, rental homes and apartments, at work, and even on someone else’s property, such as a friend or neighbor’s.
These accidents can result in mild to severe injuries, and even the most mild of injuries can result in damages like medical debt and lost wages. By working with Werner, Hoffman, Greig & Garcia on your slip and fall lawsuit, you won’t have to stress about navigating the lawsuit process on your own.
To learn more about our team and how we can help you receive a full and fair settlement offer to cover your damages, contact us online or at (800) 320-HELP as soon as possible.
Proving a Slip and Fall Case
In order to win a slip and fall case, you’ll need to prove that the property owner knew or should have reasonably known about the dangerous condition that caused the accident. To prove this, you’ll need to have a case of evidence that proves that they had actual or constructive knowledge of the condition.
Actual knowledge means that they were fully aware of the condition, and constructive knowledge means that they should have known. For example, if there was a broken stair in your apartment complex for several months, it’s reasonable to assume that your landlord should have known about the condition.
If you sustained an injury in a slip and fall on the rental property, they could be liable. To prove knowledge, you can showcase submitted complaints and statements that back up your claim of the condition existing for a long period of time, photographic and video evidence, and more.
You can also show that:
- The dangerous condition lasted long enough that the property owner reasonably should have known about it
- That the dangerous condition occurred on a regular basis and that no meaningful method of fixing it occurred
- That the property owner had full, actual knowledge of the dangerous situation and made no attempts to fix it
Establishing a Slip and Fall Claim
To win your case, you’ll need to prove each aspect of negligence. Negligence can be broken down into four key aspects:
- Proof of duty of care
- Breach of duty
- Causation
- Actual damages
In slip and fall cases, negligence law states that property owners are responsible for keeping their property free from dangerous conditions. This proves the duty of care; they have a duty to keep those residing in or visiting their property safe from these conditions by fixing them within a reasonable time frame.
Breach of duty refers to the act of negligence itself. What did the property owner do (or more often not do) that broke this duty they owed to residents and visitors? This could be failing to keep the property safe, failing to fix a dangerous condition within a reasonable amount of time, ignoring dangerous conditions, or even fixing these issues poorly.
Causation can be proved by showcasing the link between the breach of duty and your injuries. For example, by showing photographic or video evidence from the scene of the accident, or with medical files that prove your injuries.
In order to file a claim, you must have actual damages, meaning that the accident and resulting injuries caused a loss of some kind. For example, your injuries require you to see medical attention, and therefore, you have medical bills that must be paid. Or, you had to take days off from work and therefore lost income.
Causes of Slip and Fall Accidents
Slip and fall accidents can occur inside and outside and are oftentimes caused by negligence or human error. The most common causes include the following hazards:
- Poor lighting, which, when combined with any of the following, can make hazards even more dangerous
- Uneven, broken, or loose flooring
- Clutter
- Spills
- Broken or uneven stairs
- Potholes
- Trailing cables
- Broken or missing railings
- Loose mats or rugs
Common Types of Injuries Caused by Slip and Falls
A slip and fall can cause a wide variety of injury types, ranging from mild to severe and life-threatening. The most common types of injuries caused by slip and falls include:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Broken bones (fractures)
- Soft tissue injuries (sprains, strains, tears)
- Cuts and bruises
No matter how serious your injury is, you’ll likely incur some sort of monetary damages, such as medical bills and lost wages. The more serious your injury is, the higher those damages will be.
For example, traumatic brain injuries and spinal cord injuries may require more intensive care, such as hospital stays, multiple surgeries, and long-term care that extends for months or even the rest of one’s life.
Finding the Right Florida Slip and Fall Lawyer
The right slip and fall accident lawyer is more important than you might think. Without an attorney, insurance companies won’t take you seriously. They’ll lowball your settlement offer, trying to get you to settle fast and for as little money as possible.
By hiring an attorney, you’re telling them that you mean business and that you’re willing to fight hard for the money that you’re owed. A slip and fall accident attorney will not only negotiate with insurance companies on your behalf.
They’ll also put together your file, collecting evidence, records, and bills to ensure they can prove each aspect of negligence to win your slip and fall case. Additionally, they’ll ensure that your case is filed on time to prevent any delays associated with missing the statute of limitations laid out in Florida law.
Time-Sensitive Nature of Slip and Fall Cases
In Florida, you have two years from the date of your accident to file a slip and fall case. By hiring an attorney, you can ensure that you meet this statute without any delays. Filing before the statute of limitations runs out is of the utmost importance.
What to Do After a Slip and Fall
After a slip and fall, it’s important to complete the following steps to preserve your case. However, your well-being is vital, so don’t stress about these steps if you require emergency medical care.
If you’re able to stay at the scene of the accident, you should complete the following:
- Take pictures and videos of the scene and record a personal statement that documents what happened while your memory is still fresh. Make sure to take pictures before the hazard can be cleaned up or fixed.
- Talk to any witnesses and get their contact information.
- File an incident report with the business if possible. Get the contact information for the property owner. Do not sign anything or accept any settlement offers without speaking to an attorney first.
- Seek immediate medical care upon leaving the scene of the accident. Document your injuries and keep any medical records given.
- Contact a Florida slip and fall attorney to start the process of filing a lawsuit against the property owner, store owner, or company.
Getting the Compensation You Deserve
A successful slip and fall case in Florida can result in a settlement that covers the damages you’ve incurred. However, a personal injury claim and an experienced lawyer are recommended in order to receive full and fair compensation. The compensation you can receive covers damages such as:
- Medical bills (past and future)
- Hospital stays
- Surgery
- Prescriptions
- Doctors/specialist visits
- Physical therapy
- In-home care
- Lost wages (past and future)
- Lost earning capacity
- Pain and suffering
Contact Werner, Hoffman, Grieg & Garcia to Speak with an Experienced Florida Slip and Fall Attorney as Soon as Possible
If you or someone you love has been injured in a slip and fall, it’s not too late to seek compensation. We’re ready and eager to help you through the complex lawsuit process, taking the weight off your shoulders so you can focus on resting, recovering, and relaxing.
To learn more about our experienced team of slip and fall accident attorneys, please contact us online or at (800) 320-HELP to schedule a free consultation. We’ll ensure that the property owner is held responsible for the damage done and that you receive the compensation that you deserve for your damages.
Frequently Asked Questions About Florida Slip and Fall Accidents
When should I hire a personal injury lawyer in Florida?
You should hire a slip and fall attorney as soon as possible after you’re injured. It’s especially important to hire one before you speak with an insurance company, to protect your case from early damage.
How long does it take to settle a slip and fall case in Florida?
The amount of time it takes to settle a slip and fall claim is incredibly personal. However, many of these cases settle between nine and twelve months. It can be longer or shorter depending on the complexity of your injuries and whether or not your medical treatment is complete.
How do you win a slip and fall case in Florida?
To win a slip and fall lawsuit, you’ll want to work with an experienced attorney to build an iron-clad case file that showcases how the at-fault party acted with negligence to cause your injuries and damages.
What’s the average payout for a slip and fall in Florida?
The payout for a slip and fall in Florida can change dramatically depending on the severity of your injuries and the amount of damages you’ve incurred. However, there is no cap on compensation for damages in Florida, so these payouts can range from a few thousand to hundreds of thousands of dollars depending on your injuries.
