If you are facing sudden and unexpected debt from medical bills and lost wages after a slip and fall injury, you might be entitled to financial compensation. If your accident occurred due to the negligence of the property owner or occupier, they could face civil liability for your damages.
Your compensation could cover more than just medical bills and lost wages. Your pain and suffering, emotional distress, and other intangible losses could also lead to compensation. An Aventura slip and fall accident lawyer from the Law Offices of Anidjar & Levine can analyze your case, determine who is at fault, and file a claim on your behalf.
What Compensation Is Common in a Slip and Fall Injury Case?
You could be entitled to different types of damages following a slip and fall on someone else’s property. These damages could involve your physical injuries or the emotional trauma of an accident. The compensation that could be available to you includes:
- Pain and suffering
- Lost wages
- Diminished future earning power
- Medical bills
- Mental anguish
Keep in mind, this is not an exhaustive list. Your attorney will calculate all of your damages and ensure you are not left to pay for anything accident-related out of pocket.
What Is the Deadline for Your Slip and Fall Lawsuit?
To recover compensation for your slip and fall injury, you must comply with a legal doctrine known as the statute of limitations. The statute of limitations is a legal deadline that – if not complied with – could lead to the dismissal of your slip and fall injury lawsuit.
Per Florida Statutes § 95.11(3)(a), a slip and fall injury lawsuit must be filed within four years of the date the fall occurred. Filing the lawsuit after the deadline expires could lead to a dismissal of your case with prejudice.
Making the Case for Negligence After a Slip and Fall Accident
Unsure how to prove a slip and fall case? Like most personal injury lawsuits, these cases involve a legal standard known as negligence. If the property owner’s negligence resulted in your fall, they could face liability for your injuries. The four elements of negligence include:
- The property owner owed you a duty of care
- The property owner failed to uphold that duty
- Your injuries stemmed from that failure
- Your injuries resulted in compensable damages
There are many ways that negligence could play a part in your slip and fall accident. The property owner or occupier could fail to take the necessary steps to address a dangerous hazard on the premises.
In fact, you could be successful in your personal injury case even if the property owner was not aware of the hazard. If you can show the property owner should have known about the hazard that resulted in your fall, you might be entitled to compensation.
Did the Owner Take Reasonable Steps to Prevent Your Slip and Fall?
The key to these cases is the concept of reasonableness. If the court determines the property owner took reasonable steps to avoid an injury, they might not be liable. This will depend in part on how much time has elapsed.
For example, a property owner is far more likely to be liable for a fall when a spilled drink remains on the floor of the premises for hours as opposed to minutes. Your attorney could help make the case that the property owner could have prevented your slip and fall accident.
How Could a Lawyer Help You with Your Slip and Fall Case?
A civil lawsuit related to a slip and fall accident has the potential to be a complex and drawn-out effort. Property owners often have the support of insurance companies and lawyers, which means you could use all the help you can get to build a case for compensation. Thankfully, there are many ways an attorney could help you make your slip and fall injury case.
Investigate the Facts of Your Accident
In the aftermath of a fall, exactly what occurred might not be clear. If your injuries required immediate medical care, you might not have the opportunity to learn about the circumstances of your fall. Your attorney could request copies of the accident report or seek statements from witnesses to determine how your fall happened.
Establish Liability for Your Fall
Once your attorney investigates your slip and fall accident, they could use the information they discover to build a theory of negligence. Establishing negligence is crucial in an injury case. Without showing the property owner failed to take reasonable steps to prevent your accident, you could miss out on monetary compensation for your injuries. Your attorney could identify each of the responsible parties in your case and build a theory of negligence against them.
Ensure Your Settlement Is Fair
One of the risks associated with handling your own injury case after a fall is accepting an undervalued settlement. Insurance adjusters will take advantage of injury victims by pushing unreasonably low settlement offers immediately after a fall. These offers might cover the cost of your emergency medical care, but they could be insufficient for your long-term needs. Your attorney could help you determine what you might need for your future medical care, lost wages, and pain and suffering. With their help, you could ensure any offer you accept is reasonable.
Handle Litigation for Your Case
The vast majority of slip and fall injury cases never go to trial. Many of these cases also never require the filing of a lawsuit. Settlements are commonplace and could occur long before litigation is necessary. However, there are always some cases that can only be resolved in court.
If your case requires a lawsuit or ultimately goes to trial, the guidance of your attorney could be invaluable. Litigation is complex, and you can count on the property owner having an attorney on their side. Your legal counsel could help you maximize your odds of success if a trial becomes necessary.
There Are Many Hazards That Could Result in a Slip and Fall Accident
There are many ways a fall could occur on the property of another person. While some falls are unavoidable or only occur due to a person’s clumsiness, many accidents could have been avoided had the property owner taken reasonable steps to address a hidden hazard. Some of these hazards might include:
- Spilled food or beverages
- Ice or snow
- Loose extension cords
- Broken steps or handrails
- Dim lighting
- Uneven pavement
How the property owner deals with these hazards is vital. If they fail to act reasonably to prevent a fall, they could face civil liability for the injuries that follow.
You Could Recover Compensation After a Fall on Another Person’s Property
If you were injured in a fall, you have the right to seek fair financial compensation for your injuries. This could involve negotiating a settlement with an insurance company or filing a civil lawsuit against the owner of the premises. In either case, pursing fair compensation on your own is never easy.
The Law Offices of Anidjar & Levine is prepared to help you pursue compensation for your injuries after a fall. If you have been hurt, our Aventura slip and fall accident lawyers are here to help. Call 1-800-747-3733 as soon as possible for your free consultation.
We Can Help.