If there are hazards on another person’s property and you are injured as a result, you can sue for a slip and fall accident. Slip and fall cases fall under the body of personal injury laws in Florida when you are harmed and incur financial losses.
Speaking with a lawyer may help you determine how to approach the claims process when seeking compensation for your medical costs, lost wages, and more.
What Is a Slip and Fall Accident?
When you fall on someone’s property due to a hazardous condition, it constitutes a slip and fall accident. Not all accidents warrant legal action, however. Insurance companies or civil court systems require evidence of neglect on the part of the store owner or property manager.
For a free legal consultation, call (800) 647-3113
How to Tell If You Have a Slip and Fall Claim
A premises liability claim becomes possible if hazardous conditions caused your fall. If this occurs, you have the right to file a claim if the property owner or manager failed to keep the premises safe.
A few conditions may help establish negligence in your case. Some of which are:
The central theme of a slip and fall case revolves around a hazard on the property that caused you to slip and fall and resulted in medical expenses. Laws only require that the property management keep the premises reasonably safe, though not perfectly safe.
Examples of hazardous conditions include:
- Wet floors
- Cracked sidewalks
- Accumulated precipitation
- Unmaintained structures
- Debris on public walkways
While the above-referenced hazards list does not include every hazardous condition, it does illustrate what may prove dangerous to visitors and guests. The property owner has a duty to keep visitors and invitees safe and should not ignore this responsibility.
The Property Owner Knew the Hazard Existed
It is unfair to blame a property owner for a hazard that they couldn’t reasonably know about. However, this element of your case may allow for a debate about reasonable safety measures. Your case can also involve a property owner who knew about the hazardous conditions and still refused to act.
Proving that the property owner knew or should have known about the hazard presents a challenge. You can discuss your case with a Florida slip and fall lawyer to help you through the process.
Property Owners did Not Warn Visitors About the Hazard
Property owners must make every reasonable effort to warn visitors, guests, and customers that a hazard exists and do their best to keep them safe from the area.
Poorly placed signs or warnings may constitute negligence on the part of an owner who did know about a hazardous condition that caused your injuries.
What Classifies As Negligence in a Slip and Fall Accident Case?
Slip and fall accidents often occur as a result of negligent property management, but your evidence must satisfy the different elements of negligence as defined by law.
These elements include the duty of care the property owner owed you when you entered their premises, the breach in their duty of care, the cause of your injuries, and the losses you suffered when addressing your injuries. The breach in their duty of care may include a property owner’s awareness of a hazard and their failure to address the hazard to keep their visitors safe.
If you decide to hire a slip and fall accident lawyer, they may work to ensure that you are not unfairly held responsible for your accident. They can use evidence to assert your claim. You do not have to stand idly by as an insurance adjuster claims that you were the one who was at fault.
The Awards You Can Sue For in a Slip and Fall Accident Case
Our lawyers can determine the amount and forms of compensation you can recover after looking at these aspects of your case:
- Your age
- Your injuries
- The duration and intensity of your recovery
- The nature of your slip and fall accident
- If you must take off work
This information can show us that you are entitled to seek awards for:
Past and Expected Medical Expenses
Your slip and fall injuries could require weeks or months of medical treatment. As a result, you may have bills for:
- The ambulance ride
- Pain relievers
- Mobility aids
- Diagnostic exams
- Follow-up appointments
Past and Future Income Losses
Sometimes, injuries from a slip and fall accident can keep you from working. When you file your claim or lawsuit, you can get reimbursement for lost income, such as:
- Business opportunities
- Commissions or tips
- Hourly pay
Your doctor may instruct you not to go back to your job altogether. So, you could be forced to accept a job that doesn’t pay as much. In that case, you may be able to recover lost earning potential.
Pain and Suffering
According to the Centers for Disease Control and Prevention (CDC), common injuries people suffer in a slip and fall include:
- Head injuries
- Traumatic brain injuries
- Hip, wrist, ankle, and arm fractures
These injuries can be painful and keep you from living a normal life. This inconvenience and discomfort should be accounted for in your claim or lawsuit. Your attorney can help you quantify this type of award.
Wrongful Death Awards
Tragically, victims can succumb to their slip and fall injuries. If your loved one passed away in the accident, you and your family may be able to seek awards for:
- Final medical expenses
- Loss of financial support
- Funeral, burial, or memorial service costs
- Loss of companionship or consortium
- Loss of parental guidance
- Loss of household services
You may be entitled to collect other forms of compensation that are not mentioned in this list.
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How Long You Have to Sue For a Slip and Fall Accident
Florida enforces certain time limits for filing a slip and fall accident lawsuit. Per Florida Statutes § 95.11(3)(a), you generally have four years to bring a personal injury lawsuit. If your loved one passed away from their slip and fall accident injuries, Florida Statutes § 95.11(4)(d) dictates that most claimants have two years to file a wrongful death lawsuit.
Do not delay in getting started on your lawsuit. Missing the deadline may limit your options for a financial recovery. If you get our firm involved with your case soon enough, we will help you comply with all deadlines.
Contact Ben Crump Law, PLLC For a Free Consultation
Our firm helps victims and their family members go after the compensation they deserve after a property owner failed to secure the premises. We never shy away from tough cases.
Contacting a Florida slip and fall lawyer as soon as possible may help injury victims that want to learn more about their options. At Ben Crump Law, PLLC, we want to handle the legal process while you physically and emotionally recover. Call us at (800) 647-3113. Remember that the statute of limitations may apply, so call as soon as possible.