What is a slip and fall claim?
Not all slips, trips, or falls warrant a claim, even if you are on someone else’s property. Slip and fall claims are valid when a person trips due to hazardous conditions that a property owner could have prevented. It is the duty of the property owner to maintain safe premises for visitors. If they fail to do so, they can be held liable for the victim’s injuries and required to pay compensation.
To recover damages for a slip and fall claim, you must prove that the property owner is responsible for your injuries. That means proving that your injuries occurred as a direct result of their failure to maintain safe conditions.
Conditions That May Cause a Slip and Fall
Slip and falls are extremely common occurrences, although only some are a result of negligence. Be on alert for these conditions that may cause a slip and fall:
- Uneven surfaces
- Wet or slippery surfaces
- Cracks in the pavement or potholes
- Loose floorboards
- Rumpled or uneven carpeting
- Broken steps
- Missing or loose railings
- Puddles due to rain
- Faulty equipment, such as ladders
- Obstructions or clutter on the floor
- Recently waxed floors
How does a slip and fall claim work?
Before filing a slip and fall claim, it is best practice to collect evidence. This evidence will support your claim as to the sequence of events, whether any warnings or signage was posted, and help prove liability.
Once you have collected evidence, visited a doctor for an examination after your fall, reported your injury to insurance, and have made an incident report at the location of your accident, you can proceed with filing your slip and fall claim.
Boca Raton’s slip and fall law has changed in recent years. Now, the victim must navigate complex legal and factual challenges to prove liability, especially against a large business. Hire a Boca Raton slip and fall lawyer to ensure your case is handled properly. They can expertly prepare a law of negligence claim, proving that the property owner had a duty of care, that they breached that duty, and that your injury was a direct result of their negligence.
To speak with a slip and fall lawyer, contact us at (561) 655-1990.
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What To Do After a Slip And Fall
After a fall, you are likely to be in shock. It will take a moment to gain your bearings and realize what just happened.
Although falls are extremely common, they’re always jarring. Slip and falls are even more upsetting because they aren’t your fault. If someone else’s negligence caused your injury, you won’t expect the fall to occur. The pain of the fall may also make it hard to determine what happened and what to do next.
That’s why it’s vital to know what to do after a slip and fall. Our expert Boca Raton slip and fall lawyers have seven tips to ensure that you take care of yourself and your future claim.
Seek Medical Treatment
Falls were the second-leading cause of preventable injury-related death in the United States in 2019. With falls being incredibly deadly, it is paramount that victims of slip and falls seek medical treatment immediately after their fall.
Although they may not feel like they are injured, they should allow a doctor to formally examine them to ensure that there aren’t issues they cannot feel yet, such as sprains, spinal issues, or concussions.
We suggest visiting a doctor the same day as your fall to ensure you don’t exacerbate any injury unknowingly while waiting for your examination.
Look for the Cause
In personal injury claims, you are your own investigator on the scene. Since most personal injury cases don’t require police, it’s up to you to gather as much evidence as possible. To determine liability with evidence, you’ll need to locate the cause of your slip and fall. This could be a loose step, slippery floors, or a workplace safety hazard. Once you’ve located the issue, you can move on to documenting it.
Continue Caring for Your Physical Health and Wellbeing
While your lawyer works to get you damages for your injuries, you should focus on recovery. Personal injuries as a result of a slip and falls can lead to long-lasting issues if not treated properly. Follow your doctor’s instructions, participate in the necessary rehabilitation, and focus on your wellbeing. Let your lawyer do the hard work for you while you get your health back.
Photograph the Scene
Use your phone’s camera to document the scene visually. Take photos of the hazard, any signage or lack thereof, and the circumstances surrounding your fall. Was there a large puddle? What was the weather? Were there employees around?
Take photos of everything so your lawyer can help you determine what’s valuable. It’s better to have too much evidence than not enough.
Take Notes
A picture may be worth a thousand words, but words are still valuable. Take notes while you’re at the scene. Get the information of witnesses, including their phone numbers for your lawyer to contact them later to support your case. Write out a sequence of events while it’s still fresh in your mind.
The shock of the fall may make it difficult to remember this type of basic information after the fact.
Fill Out an Official Report
Once you have determined that the accident wasn’t your fault and you’ve documented evidence to support this, it’s time to file an accident report. This will be filled out by the property owner. However, it’s important to request that it’s filled out and to obtain a copy. The owner of the property won’t be excited at this step, as it requires them to officially document that an accident occurred. However, you need this documentation to proceed with your slip and fall claim.
Depending on the scenario and the property owner’s willingness to fill out this official report, you may need to contact the police to file a complaint against the owner and to report the incident. This is rarely required, but it may be necessary if they are not compliant.
Contact a Boca Raton Slip and Fall Lawyer
Regardless of all the evidence you’ve obtained, your battle has just begun. A slip and fall claim begins when you file a claim in court. The defendant and their insurance company are going to work as hard as they can to ensure that they pay out as little as possible.
In the case of slip and falls caused by large corporations, they’ll have an arsenal of professionals at hand to assist them in disproving your claim, regardless of its validity. That’s why you need a Boca Raton slip and fall lawyer. They specialize in local law and aren’t scared of large corporations.
A slip and fall lawyer will protect your rights, instruct you on how to behave to assist your case, and use their years of experience to get you the compensation you deserve.
Common Injuries in a Slip and Fall Accident
Slip and falls vary in severity. At their most minor, they can lead to bruises and a sore ego. At their worst, they can cause life-long injuries or fatalities.
If you’ve suffered one of these common injuries, contact Lytal, Reiter, Smith, Ivey & Fronrath for a free, no-obligation consultation to find out how we can get you maximum compensation:
- Traumatic brain injury
- Hip fracture
- Leg injury
- Neck or spinal injury
- Torso fracture, such as a broken rib
- Contusions and lacerations
How hard is it to prove negligence in a slip and fall case?
In many cases, it can be quite difficult, which is why collecting evidence is so critical. Here are the necessary elements to proving negligence.
Duty of Care
The first step in proving negligence is to prove that the defendant had a duty of care. This is a reasonable expectation of care based on societal norms or expectations. For example, it is reasonable to expect that your employer will provide a safe workspace or that a grocery store would have aisles where you can shop safely without worrying about floor hazards.
Damages
Once you have proven that the property owner had a duty of care, that they breached that duty, and that the breach caused your injuries, you can claim damages. Your attorney will present a figure for damages based on your medical bills, suffering, loss of quality of life, and additional factors. They will argue that this figure is valid based on receipts, the severity of the property owner’s negligence, and the types of injuries that you suffered.
Breach of Duty
For a property owner to be found negligent in a slip and fall case, they must have breached their duty of care to the victim. This means that they failed to provide a reasonable level of care. For example, if your workplace did not follow safety measures, forcing you to work in an unsafe environment with obstructions on the floors or faulty ladders, they have breached their duty to you, their employee.
Similarly, if your grocery store does not mark slippery areas or leaves spills on the floor that could cause slips, they have failed the reasonable expectation of safety that all shoppers have.
Causation
Once you have proved that a property owner is negligent, you must prove that their negligence is the cause of your injuries. If your grocery store has slippery floors and you have a broken wrist from playing soccer, you will not have a slip and fall claim. However, if your broken wrist was caused by slipping on the grocery store floor due to a lack of signage or warnings, then you do have a claim.
It can be difficult to prove causation, as many insurance companies and business owners attack the character of the plaintiff to avoid paying them what they’re due. Hire a Boca Raton slip and fall lawyer to protect your rights and help you prove that your injuries were caused by their negligence.
Important Things To Know About Your Slip and Fall Case
Slip and falls are extremely misunderstood in society, in large part because of insurance companies. Over the years, insurance companies have spread the myth that most slip and fall victims are liars trying to scam their way into a payout. This has been picked up by TV and movies, where characters jump in front of cars for a “quick payday” or wear removable neck braces.
However, falls are extremely serious accidents. In 2012, falls were the leading cause of injury death in Floridians over age 65 and the fourth-leading cause of injury death overall in the state, according to Florida Injury Facts. With the majority of Boca Raton’s residents being retirees, this puts our city at a higher risk for severe slip and falls.
Don’t let insurance company propaganda minimize or dismiss your injuries. You have a right to seek damages for a slip and fall that was caused by a negligent property owner. Our Boca Raton slip and fall lawyers are here to assist you in managing your claim.
What damages may be claimed in a slip and fall lawsuit?
A Boca Raton slip and fall lawyer will ruthlessly examine the facts of the case to see if their client is eligible for multiple types of damages. Here are the main three.
Economic
Economic damages cover expenses that you incurred as a result of your injuries. These can be:
- Medical bills
- Loss of wages due to time off work
- Prescription costs
- Rehabilitation
- Property damage (i.e. for clothing)
Non-Economic
Non-economic damages can be sought to cover the pain that you suffered emotionally. These are harder to prove and quantify on your own, as there are no specific bills available to cite. A Boca Raton slip and fall lawyer knows how much you’re owed and will ensure you get the right types of damages for your accident.
Non-economic damages can be filed for:
- Pain and suffering
- Embarrassment
- Loss of quality of life
- Permanent scarring or disfigurement
Punitive Damages
Punitive damages aren’t commonly sought in slip and fall cases. They are a specific form of damage to penalize the plaintiff for their negligent behavior.
In this case, the plaintiff would have had to knowingly create the hazard that led to your injuries. These may be sought if an employer knowingly cuts corners on safety equipment, leading to outdated equipment that causes a fall.
What is the average settlement for a slip and fall lawsuit?
It is difficult to determine an average settlement amount for a slip and fall lawsuit, as the factors can vary wildly between cases. The severity of your injuries, the level of negligence of the property owner, your ability to provide proof, the extent of the damages, and whether you were negligent all play a role in determining settlement amounts.
Contact a Boca Raton slip and fall lawyer at Lytal, Reiter, Smith, Ivey & Fronrath to find out what damages you are entitled to for your case today.
How long does it take to settle slip and fall claims?
No two slip and fall cases are alike. Some cases can take months to settle, while others get drawn out for years. Although many cases take a shorter length of time to settle in order to avoid trial, this can lead to lower compensation for the victims.
At Lytal, Reiter, Smith, Ivey & Fronrath, we don’t rush your claim. We work to ensure you get maximum compensation, even if it means working on your case for years.
What should I ask a slip and fall lawyer?
A slip and fall lawyer will be on your side for months to years. You want to ensure that you choose the best one to support your needs.
Ask your lawyer the following questions to determine if they have the time and experience to handle your case properly:
- How do you see my case proceeding?
- What challenges do you anticipate?
- What evidence will you need from me?
- If the other insurance company calls me, what should I do?
- How many cases are you working on right now?
- How long have you been working in slip and fall cases? What’s your track record?
- Who will be representing me? How can I contact them?
- What is the value of my claim?
- Are you willing to go to trial?
Contact a Boca Raton Slip and Fall Lawyer Today
If you or a loved one has been injured in a slip and fall accident, please contact Lytal, Reiter, Smith, Ivey & Fronrath today. We will do everything in our power to make a complicated legal case as simple as possible. We put our clients first by protecting their rights in court while giving them the freedom to care for their health.
Find out how our Boca Raton slip and fall lawyers can win your case by calling (561) 655-1990
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Slip and Fall Questions and Answers
Why do I need a slip and fall lawyer?
Slip and fall lawyers know this area of law inside and out. Unlike other areas, personal injury law is ever-changing. They stay up to date on legislation, are uniquely aware of the cost of injuries in their location, and can stand up to big corporations with confidence. Individuals who hire a personal injury lawyer get 300% more compensation than those who go at it alone.
Hire a Boca Raton slip and fall lawyer today to get the most out of your claim.
Will insurance companies compensate for slip and fall?
Most people have personal injury insurance that will compensate for a slip and fall; however, it may not cover all of your expenses. You will need to file a claim against the property owner’s insurance for the additional damages. If they are unwilling to pay what you deserve, you will need to file a lawsuit.
Should I involve the police in my slip and fall claim?
It is rare that you would need to involve the police; however, this varies from case to case. Make a determination based on your accident.
Slip and Fall FAQs
Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th floor
West Palm Beach, FL 33401
1860 SW Fountainview Blvd STE 100
Port St. Lucie, FL 34986
150 E Palmetto Park Road Suite 840
Boca Raton, FL 33432
110 SE 6th St Ste 1410
Fort Lauderdale, FL 33301
Phone: (561) 655-1990
Fax: (561) 832-2932
Español: (561) 833-1964
