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Business owners are legally required to keep their properties reasonably safe for visitors and customers. When they don’t, accidents can and do happen. Poor or insufficient lighting, worn or damaged floors, slippery substances, and other obstacles that could and should have been fixed are examples of common property mismanagement claims.

Speak with a Florida slip and fall lawyer with Lytal, Reiter, Smith, Ivey & Fronrath to learn more about how we may be able to help you obtain compensation. You can schedule a free case review with our Florida premises liability lawyers by calling (561) 665-1990 or contacting us online.

florida slip and fall lawyer

What is considered a slip-and-fall accident?

A slip and fall is a type of personal injury that occurs when someone slips, trips, or falls due to a hazardous issue on a property. Many slip-and-fall incidents occur in restaurants, businesses, and other public places, although any area with relatively high foot traffic and natural or manmade obstacles could harbor a slip-and-fall.

Slip and fall injuries can be dangerous and even life-threatening. These accidents can result in a wide range of injuries, from minor bruises and scrapes to more serious injuries, such as broken bones, head injuries, and even spinal cord injuries. Head injuries, in particular, can be very dangerous and can lead to long-term or permanent damage to the brain.

What should you do after a slip and fall accident?

If you’ve been involved in a slip-and-fall accident, you must take certain steps to 

protect your legal rights and to ensure that you receive appropriate medical treatment. Here are some things you should do:

  1. Seek medical attention as soon as possible. Even if you feel fine, it’s recommended that you see a doctor because some injuries may not be immediately apparent.
  2. Report the accident to the property owner or manager as soon as you can. If possible, get the name and contact information of the person you reported the accident to.
  3. Take photographs of the scene of the accident, including any hazards that may have contributed to the accident, such as a wet floor or uneven surface.

Consult with a Florida slip-and-fall lawyer who specializes in slip-and-fall lawyer cases. A lawyer can help you understand your legal rights and can advise you on whether it may be appropriate to file a legal claim against the property owner or occupier.

What are possible damages you can claim?

“Damages” is a legal term for the losses – financial, emotional, etc. – that you suffered as a result of your injury. When you file a slip-and-fall lawsuit, you’re filing in order to recover your damages. In Florida, plaintiffs may recover “economic” and/or “non-economic” damages.

Economic damages

Economic damages are calculable losses with a paper trail. They come with an invoice, receipt, or other physical record and include:

  • Ambulance rides
  • ER visits
  • Doctor’s appointments
  • Physical therapy
  • Medication
  • Lost wages/income

Non-economic damages

This type of damage is meant to reimburse you for the mental and emotional pain that you experienced as a result of the injury. Non-economic damages are a bit more complicated because they don’t come with a documented paper trail of bills or receipts. However, a skilled personal injury lawyer in Florida can help you recover for:

  • Pain and suffering
  • Inconvenience
  • Emotional distress

Fighting for fair compensation

After we analyze the facts and circumstances of your accident, our slip-and-fall lawyers can determine what your case is worth. We’ll then fight for every penny you deserve so you can pay for your medical bills, lost income, pain and suffering, and other losses you experienced.

florida slip and fall attorney

What are the most common slip and fall accidents?

Slip-and-fall accidents can happen in a variety of settings, but some of the most common examples include:

  • Wet floors are among the most common causes of slip-and-fall accidents. They can be caused by spills, leaks, mopping, or even rain or snow tracked in from outside.
  • Uneven surfaces can include cracked or broken sidewalks, uneven flooring, or holes in the ground. These hazards can be difficult to spot, especially in low-light conditions, and can cause people to trip and fall.
  • Poor lighting can make it difficult to see hazards, such as wet floors or uneven surfaces.
  • Stairs, elevators, and escalators can be dangerous if they aren’t properly maintained or if they’re poorly designed.
  • Parking lots and walkways can be hazardous due to poor maintenance, potholes, or other hazards.

How can we prove negligence in a slip-and-fall claim?

Proving a slip-and-fall accident wasn’t your fault can be difficult. You must be able to demonstrate that the business or property owner neglected to provide sufficient safety or warning measures or knew about the danger and neglected to resolve it. You must also prove that you weren’t responsible for the accident.

Keep in mind that the extent of your carelessness in the accident will be evaluated to determine whether the property owner can really be held liable for the resulting damages. Distractions like talking on a cell phone, ignoring or disregarding warning signs, and being somewhere you shouldn’t have been could all be indicators of personal carelessness.

When proving your claim, we’ll discuss these issues and more to help you strengthen the validity of your slip and fall case.

Handling insurance companies

Don’t speak with an insurance adjuster without first consulting with a lawyer. Insurance adjusters are trained to minimize the amount of compensation paid out to claimants, and they may ask you to give a recorded statement or sign a release when you don’t fully understand the implications.

The adjuster may also ask you questions that are designed to trip you up and make it easier to deny your claim.

Here are some other reasons why you shouldn’t talk to an insurance adjuster after a slip and fall accident: 

  • You may not fully understand your legal rights – A  Florida slip-and-fall lawyer can advise you of your legal rights and can help you understand the process of filing a claim.
  • You may inadvertently say something that damages your claim – Insurance adjusters are trained to ask questions that can be used to deny or reduce your claim. An attorney can help you prepare for these questions and can coach you on what to say and what not to say.
  • You may not be aware of the true value of your claim – A Florida slip and fall lawyer can also help you understand the full extent of your injuries and can help you calculate the value of your claim, including compensation for medical expenses, lost wages, and pain and suffering.

Going to trial

The vast majority of slip-and-fall cases settle and never have to go to trial. But if your case does go to trial, there are certain steps and stages that you can expect to go through. Here’s a general overview of what to expect:

  • Pretrial preparation – Before the trial begins, both sides will engage in pretrial preparation, which will include gathering evidence, interviewing witnesses, conducting discovery, and more.
  • Jury selection – The first stage of the trial is selecting the jury. Both sides will have the opportunity to question potential jurors and challenge or remove them.
  • Opening statements – After the jury is seated, both sides will give opening statements that outline their respective cases, the evidence they’ll be presenting, and what they’re going to prove.
  • Presentation of evidence – Lawyers for the plaintiff and defendant will then present their evidence, which may include witness testimony, photographs, and other forms of physical evidence.
  • Closing arguments – After both sides have presented their evidence, they’ll give closing arguments that summarize the evidence and testimony that was offered and why the evidence proved their points.
  • Jury deliberation – The jury will then retire to deliberate and reach a verdict.
  • Verdict – The judge will read the verdict in open court. If the jury finds it in your favor, the judge will then enter a judgment for damages.

Schedule your free consultation with our skilled Florida slip and fall lawyer.

If you or someone you know was injured in a slip-and-fall accident, don’t hesitate to get in touch with one of our Florida slip-and-fall lawyers today.

At Lytal, Reiter, Smith, Ivey & Fronrath, we do everything we can to make complicated legal issues simple for our clients to understand as we fight to obtain every penny they deserve. 

To schedule your free no-obligation case review, call (561) 655-1990.

Areas we serve

West Palm Beach slip and fall lawyer

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