
The injuries resulting from a slip and fall accident could force you and your family to incur thousands of dollars in medical bills. A Wekiwa Springs slip and fall accident lawyer can help demonstrate the property owner’s negligence.
Establishing Fault in a Slip and Fall Accident
To recover compensation, you have to establish that the injuries you suffered were due to someone else’s negligence. You have to show that the negligence resulted in the accident causing your injuries.
Establishing fault requires an investigation into the cause of the accident. Some of the common causes of slip and fall accidents are:
- Unlit stairs
- Spilled substances on the floor
- Poorly maintained pavements and sidewalks
- Hazardous materials left behind after construction
A slip and fall accident happens very quickly, making it difficult to determine what exactly has happened. A slip and fall accident lawyer from our firm can investigate the cause of the fall by inspecting the premises. We may also interview witnesses who can testify that the property owner knew about the hazard and did nothing to prevent people from getting injured.
A Property Owner May Have Failed to Warn Guests About Hazards
Establishing fault in a slip and fall accident also entails proving that the property owner failed to put up warning signs of the hazard. A lawyer from our firm may gather information about previous slip and fall accidents that may have occurred on the premises. If there is a precedent of other slip and fall accidents on the premises, the same hazard may have played a role in your accident.
A slip and fall accident lawyer can obtain inspection records of the building. Such records can show how regularly the property owners maintained the premises. It also indicates that the property owners knew the risk was reasonably foreseeable.
Challenges May Arise When Filing a Claim
The liable party will often claim that you are partly responsible for the slip and fall accident. The main goal of this assertion is to reduce the damages you could claim from the insurance company. Florida has a pure comparative fault system. Thus, injured parties can recover damages but only to the amount set based on their percentage of fault.
Insurance companies often use comparative negligence to ricochet blame to other parties. They may try to convince injured parties to accept a lower settlement or drop their claim altogether.
A Wekiwa Springs slip and fall accident lawyer can help collect evidence to show that the property owner was at fault. For instance, a lawyer can collect the maintenance records to show that the property owner neglected the property.
Slip and Fall Accidents at Work
If you suffered a workplace accident injury, you may be able to file a workers’ compensation claim. Workers’ compensation benefits usually cover workers’ medical bills and a portion of their wages if their accidents happen at work. If you suffer a slip and fall accident at work, you do not have to prove the employer’s negligence.
Filing a workers’ compensation claim after a slip and fall accident disqualifies you from pursuing a personal injury claim against the company. You can, however, file a lawsuit against a third party who was responsible for the accident.
Types of Damages You Can Seek
The Centers for Disease Control and Prevention (CDC) found that the cost of slip and fall accidents was $50 billion in 2015. Medical bills are not the only losses slip and fall accident victims face, though. They may have to take time off work to heal, as well. Severe injuries may keep them out of work for the rest of their lives.
Potential compensation may cover the following economic and non-economic damages:
- Current and future medical expenses
- Funeral and burial costs if the victim succumbs to their injuries
- Pain and suffering
- Loss of consortium
- Wages lost due to the accident
- Lost earning capacity
The compensation you may receive will depend on how your injuries affect you. Our legal team can help determine what fair compensation would look like in your case.
You Have a Deadline to Meet When Taking Legal Action
You should also avoid waiting too long before filing a lawsuit. Florida Statutes § 95.11(3)(a) sets a general deadline of four years for all personal injury lawsuits. Filing your lawsuit soon after the accident ensures that no evidence gets destroyed by the liable party. According to Florida Statutes § 95.11(4)(d), you have even less time–generally two years–to file a wrongful death lawsuit.
A lawyer from our firm can help streamline the filing process and ensure you meet any deadlines that apply to your case. The sooner you begin your case, the better they will be able to protect your rights to compensation.
Keep in mind that we need time to investigate your accident and negotiate with insurers. Neither of these processes stalls the deadline, though.
Contact the Law Offices of Anidjar & Levine Today
If you or your loved one has suffered a slip and fall accident, you can seek compensation for your injuries. A Wekiwa Springs slip and fall accident lawyer from our firm can help you identify all the liable parties and fight for a fair settlement.
You deserve to rest and focus on your physical recovery. Let our firm handle your claim or lawsuit. We can investigate your accident, gather evidence of a property owner’s negligence, and fipensation. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 and receive a free consultation.