Fort Myers slip-and-fall accident attorney
Slip-and-falls are nothing to laugh at – anyone, no matter how young or physically fit, can experience serious, lifelong injuries after slipping and falling on a hard surface. These injuries often lead to years of financial hardship, mental distress, and physical setbacks – that’s where we come in.
If your slip-and-fall was caused by someone else’s carelessness or negligence, you may be able to obtain full compensation to pay your medical bills, lost wages, and more.
Seeking compensation for your injuries may feel overwhelming, so let a Fort Myers slip-and-fall accident attorney navigate the process. You can trust that Lytal, Reiter, Smith, Ivey & Fronrath care about your future and will work relentlessly on your behalf.
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Common causes of slips, trips, and falls in Fort Myers
Slips, trips, and falls are common accidents. Especially away from our homes, dangers are often out of our control, and unforeseeable hazards lead to injuries.
Reports by The National Fall and Safety Institute(NFSA) contribute over 2 million injuries yearly to falls caused by floors and flooring material. What factors make floors and flooring material a significant source of injuries?
Damp or slippery floors
The material a floor is constructed of, such as polished concrete or tiles, can turn into highly slick surfaces from cleaning. And a busy restaurant during a lunch date can be the sight where liquid or food spills occur frequently. In Florida, encountering slippery or damp floors is not uncommon.
If you fall and are injured because of a slippery or damp floor, there must be evidence to substantiate the accident was caused by the neglectful behavior of the property owner or occupier of the facility to file a claim. Establishing the connection between the conditions and your accident is how a slip-and-fall attorney in Fort Myers can help.
Broken or poorly-constructed staircases
Over 1 million emergency room visits yearly in the United States are attributed to staircases. Despite age, accidents attributable to staircases are a common source of injury. Poor stair design and improper maintenance increase the likelihood of an accident occurring.
Losing balance on a staircase can lead to uncontrollable tumbles exposing the victim to sharp and protruding edges where normal reflexes prove inadequate. A slip-and-fall lawyer in Fort Myers can explain your rights and options when a property owner has failed to provide a safe environment.
Inadequate lighting in stairwells and hallways
Inadequate lighting can disturb depth perception, creating poor visibility and facilitating the perfect environment for slips and falls. Insufficient lighting obscures our view. Most lighting accidents are preventable, and a Fort Myers slip-and-fall lawyer can determine negligence in lighting practices.
- Is there a history of previous injuries?
- Did overcrowding in a poorly lit area contribute to the accident?
- Were handrails adequately placed in the stairwell?
- Did the hallway have poorly maintained carpeting with tears that were not visible because of poor lighting practices?
- Do similar businesses provide more suitable lighting accommodations to fit the needs of patrons?
Uneven pool decks
A pool owner must maintain a safe deck area surrounding a pool. When swimmers leave a pool with wet feet, an uneven pool deck can significantly increase the likelihood of slipping or falling. Uneven pool decks can be caused by the following:
- Warped or rotting boards that have been exposed to moisture and sun
- Cracks in concrete or holes where concrete has been broken
- Multi-layered decks and improper handrailing
- Incomplete construction
A fun day by the pool can result in a trip to the emergency room when a pool deck is not maintained, making the surface uneven and unsafe. Speak to a Fort Myers slip-and-fall accident lawyer if your accident occurred on an uneven pool deck.
Swimming pool and lifeguard neglect
A lifeguard should constantly scan for safety concerns and violations around a pool. Possessing a lack of control or focus in a pool area is dangerous and can lead to drowning if a victim should fall into the water.
Items left unattended around a pool’s edge, horseplay, crowding on stairs to slides and diving boards, and permitting food in a pool area can lead to injuries. When this occurs, a Fort Myers slip-and-fall lawyer can file the proper paperwork to maintain the safety records of the facility and determine if lifeguard negligence has been a factor in other reported swimming pool slip-and-fall accidents.
What to do after experiencing a slip, trip, or fall injury
Following these steps is imperative to document a slip, trip, or fall accident. The information you gather immediately following will be supporting documentation used by a Fort Myers slip-and-fall accident attorney to begin your claim.
1. Seek immediate medical treatment
The most crucial step to take when you are involved in a slip-and-fall accident is to seek medical treatment. Injuries from a slip-and-fall accident do not always present after the incident. Medical documentation will be needed to pursue your injury claim, and attorneys for the defendant and insurance claims adjusters may use the slow medical response to negate your claim.
2. Report the incident to the owner, manager, or landlord
The responsible party should be immediately notified of a slip-and-fall accident. If you are unable, ask someone to inform the appropriate person directly. Any prior on-premise accidents should be documented appropriately and may be requested to support your claim by a Fort Myers slip-and-fall lawyer.
3. Collect evidence
Collecting evidence when the slip-and-fall accident occurs will further support your claim. This evidence may not be available at a later date and time. What steps can you take to document a slip-and-fall accident?
- Photograph any contributing factors in your accident, such as broken stairs or burned-out lightbulbs.
- Note if signs are in place to notify of wet conditions, spills, or unsafe surfaces.
- Ask for the contact information of any witnesses to the accident.
- Write a statement for yourself shortly after the incident while the events are fresh in your memory.
4. Don’t give statements to the property owner, manager, or landlord
The property owner or responsible party can construe an apology as an admission of guilt. Once you have notified the owner of the accident, reserve your statements for a trusted Fort Myers slip-and-fall lawyer. You are not required to provide an account to the property owner, manager, or landlord or sign any paperwork.
5. Speak with a slip-and-fall accident attorney in Fort Myers
Your most valuable resource in a slip-and-fall accident in Fort Myers is the team of Lytal, Reiter, Smith, Ivey & Fronrath. Extensive analysis of the evidence and examining how your actions may have contributed to the accident allows us to fight for the maximum compensation you deserve.
Common slip-and-fall injuries
There are common slip-and-fall injuries, but the types of injuries that can occur are extensive. Again, immediate medical attention is imperative.
Soft tissue injuries
Soft tissue injuries can often be the most difficult to overcome, even though they may not be as severe. Tissue damage or a weakening in the body’s ligaments, muscles, and tendons can often be weak points after an injury. Soft tissue injuries may be sprains, contusions, or strains.
Head and brain injuries
The severity of injury to the head or brain can be as mild as a bump or severe as death. These injuries are often only documented through diagnostic testing. A Fort Myers slip-and-fall attorney will request this medical documentation or work with a physician familiar with diagnostic testing to establish the extent of your injuries.
Spinal cord injury
The need for extensive pain management is often the result of these injuries. The damage can impact every part of the body, from bowel function to bone formation. Treatment is often ongoing throughout the victim’s life.
Broken bones
A broken bone will affect a person differently, depending on age and health. Unfortunately, adults over the age of 65 suffer the most significant injuries from a fall. Anyone can break a bone, but documentation suggests that more than 80% of hospitalizations due to hip fractures were in adults aged 65 and older.
Why you need an attorney for a slip-and-fall accident in Fort Myers
Working with a slip-and-fall attorney in Fort Myers increases the possibility of your claim being settled out of court. Superior legal representation by a Fort Myers personal injury lawyer demonstrates to insurance adjusters and defense representation that your claim is being proactively pursued. We will mediate for you to prevent claims adjusters from minimizing your compensation by discrediting your statements.
Who may be liable for your injury
A Fort Myers slip-and-fall accident lawyer will establish responsibility for your injuries. Some of the responsible individuals may include:
- The owner of the building or property
- The lessee or business renting or leasing the property
- The lessor
- The manager, if they show negligence in duties
- A municipality, if the accident occurs on sidewalks or government-owned property that is improperly maintained
- A lifeguard or any hired professional required to monitor safety
Damages you may be able to claim in a slip-and-fall lawsuit
You may be compensated for economic and non-economic damages from your injuries.
Economic damages will compensate you for the financial losses you have experienced or may experience due to ongoing treatment. These losses include:
- Medical bills
- Future medical treatment or rehabilitation
- Lost wages, bonuses, and other earnings
- Any necessary household services
- Travel expenses to appointments
Non-economic damages are subjective and can be challenging to quantify. When you work with a slip-and-fall attorney in Fort Myers, a professional evaluation of your losses can be calculated. Your physical and mental well-being is a priority, and these damages may include the following:
- Pain and anguish
- Emotional and mental distress
- Loss of enjoyment of life
- Decrease in quality of life
Punitive damages may also be awarded when the defendant’s actions are considered egregious or negligent. Awarding these damages is meant to punish behavior that led to the accident.
Make sure you file on time
Filing your claim within the statute of limitations in Florida is imperative in a slip-and-fall accident. In most cases, you have four years to file your claim. However, some exceptions may apply, and it may be more difficult to collect evidence and establish proof the longer you wait to speak with a Fort Myers slip-and-fall attorney.
How our Fort Myers slip-and-fall accident attorney proves negligence
Our role in proving negligence in your slip-and-fall accident is to prove the fundamental elements to substantiate your claim and seek compensation.
1. A dangerous condition existed on the property
The documentation gathered when the accident occurred will be used to confirm that an environment existed with the ability to cause harm and that the owner’s actions are to blame.
2. The owner or manager knew of the condition but did not do enough to fix or warn of the danger
A slip-and-fall lawyer in Fort Myers may examine prior incident reports and speak with employees and former guests. They can establish that unsuitable conditions previously existed, were reported, and were never corrected, to determine whether the responsible person failed to carry out their duties.
3. You suffered an injury
Medical records are critical to support your injury claim. Seeking immediate medical attention emphasizes the need for care outside of typical attention to an injury. Attending physicians may serve as expert witnesses.
Cost of hiring a slip-and-fall lawyer in Fort Myers
Our dedicated team of Fort Myers slip-and-fall accident attorneys is here to work for you. Our fee is a percentage based on the compensation we secure in your claim. We are confident in our ability to succeed.
Our Fort Myers slip-and-fall accident attorneys are ready to help
An injured slip-and-fall accident victim should never face future what-ifs alone. Medical bills, lost work, and injuries from your accident can create the perfect storm. When you are injured in an accident in Fort Myers, Lytal, Reiter, Smith, Ivey & Fronrath are ready to stand up for you and fight to secure fair compensation for your injuries to help you regain your financial and physical hold on life.
A call to us at (239) 888-8882 is free to begin receiving the guidance you deserve in a Fort Myers slip-and-fall accident claim. Our representation will make a difference for you.
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