If you’ve been injured in an accident, an experienced Florida slip and fall attorney 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. Our firm operates on a contingency fee basis, meaning you only pay if your case is successful.
These accidents can result in mild to serious injuries, and even the mildest 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 handling the lawsuit process on your own. Our Boca Raton slip and fall attorneys and Coral Gables slip and fall lawyers are ready to help you get the fair compensation you deserve. Insurance coverage is important in determining the value and viability of your claim, and our firm can help you handle these complexities.
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 800-320-4537 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 negligence, 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 the property owner owed a duty to be fully aware of the condition, and constructive knowledge means that they should have known. For example, if there was a broken stair causing slip and fall injuries 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, the landlord or owner could be liable. To prove knowledge, you can showcase submitted complaints and incident report statements that back up your claim of the condition existing for a long period of time, photographic and video evidence, and more. Preserving such evidence against negligent property owners, such as photographs and witness statements, is crucial to strengthen your case.
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 under Florida premises liability law, 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
Handling the legal process can be complex, and consulting an experienced personal injury attorney in Florida is important.
In slip and fall cases, negligence law states that property owners are responsible for keeping their property free from dangerous conditions and displaying proper warning signs . 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. An experienced personal injury attorney can help prove negligence and secure the financial compensation you deserve.
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
- Slippery floors, which can result from spills, leaks, or cleaning activities
It is important for businesses and property owners to use adequate warning signs to alert people to hazardous conditions and prevent accidents.
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:
- Spinal cord injuries
- Neck and back injuries
- Broken bones (fractures)
- Soft tissue injuries (sprains, strains, tears)
- Cuts and bruises
- Head injuries, including concussions and traumatic brain injuries (TBIs)
Some serious injuries can lead to permanent disability, significantly impacting the victim’s quality of life and future earning capacity.
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 slip and fall attorney in Florida, accident victims find that 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.
Our firm offers a wide range of legal services to assist clients with their cases, helping them recover compensation and ensuring they receive the support they need throughout the legal process.
By hiring an slip and fall lawyer in Florida, 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, but answer all of your questions.
An experienced attorney will also put together your file, collecting valuable 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.
Acting quickly to pursue compensation is crucial to avoid missing the statute of limitations. Consulting an attorney promptly can aid in gathering evidence and building a strong case.
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 steps:
- Take pictures and videos of the accident 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, gather witness statements, 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 maximum compensation. Insurance companies often seek to minimize the severity of injuries and may unfairly shift blame onto victims, making legal representation integral to handling these interactions. The compensation you can receive under Florida law covers damages such as emotional distress, medical bills, and lost wage:
- Medical expenses and 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, Greig & 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. As a reputable law firm with extensive experience in slip and fall cases, Werner, Hoffman, Greig & Garcia is well-equipped to handle your claim effectively.
To learn more about our experienced team of slip and fall accident attorneys, please contact us online or at 800-320-4537 to schedule a free consultation. We’ll ensure that the property owner is held responsible for the damage done. We can also ensure that you receive the compensation that you deserve for your damages. Additionally, our law firm offers a free case evaluation to help you assess your claim without any financial obligation.