Imagine shopping at your favorite retail store when you suddenly fall, suffering severe injuries. You later discover that the property had slippery floors that management was aware of but did not address.
If you suffered slip and fall injuries, our lawyers in West Palm Beach can lead your case. We could file a personal injury claim on your behalf to hold property owners responsible for negligent maintenance. This will give you the compensation you need to cover the cost of your medical care and other losses. Nothing can erase your physical and emotional accident injuries. However, our West Palm Beach personal injury lawyers could help ease the financial burden you now face.
What Damages Can I Recover After a Slip and Fall?
You may be facing debilitating or permanent injuries because of your accident. Many slip-and-fall victims suffer serious sprains, broken bones, head injuries, traumatic brain injuries (TBIs), or spinal cord injuries.
Our personal injury lawyers in West Palm Beach will collect proof of the costs associated with your injuries and pursue damages mitigating those expenses.
We can seek compensation for the following:
- Your medical bills
- The costs of any rehabilitation or physical therapy
- The cost of your prescription drugs
- The expense of mental health support
- Your lost wages
- Your future medical care costs
- Reimbursement for your future lost earning potential
- Compensation for your pain and suffering
- Any other injury-related damages
Our slip and fall injury attorneys collect evidence of your expenses and losses to ensure your claim or lawsuit is not undervalued. We want to ensure an insurance company or court recognizes the full scope of your circumstances.
Documenting Your Losses
Slip and fall expenses and injuries vary in severity. For example, the medical expenses of a broken leg could depend on the kind of break, recommended treatment, and any pre-existing conditions.
Our experienced attorneys will gather evidence, such as medical bills and wage statements, to support your case.
At our personal injury law firm, we leave no stone unturned when pursuing fair compensation. Our aim is for you to recover your accident-related expenses.
Make Sure You See a Doctor
After a slip and fall accident, nothing is more important than your health. We want to help you recover the compensation that can help you access the medical care you need. That all starts with you seeing the doctor and beginning treatment immediately.
Our West Palm Beach slip and fall injury attorneys can use your medical records and your doctor’s testimony to seek fair compensation. Make sure to follow through with any required treatment plan. The last thing you want is for an insurer to deny your claim due to delaying or forgoing medical care.
How Can a West Palm Beach Slip and Fall Injury Attorney Help Me Recover Damages?
There are generally two steps to recovering damages after a slip and fall accident. The first step is filing a claim with the property owner’s insurer. This involves dealing with insurance adjusters, filling out paperwork, and negotiating possible settlements.
We can handle all aspects of the claim for you. If the insurer does not make you a fair offer for your damages, you have the legal right to file a lawsuit against the parties responsible for your injuries.
Our team of attorneys is highly trained to handle the insurance claim process, as well as the court process. We can support you through both steps if necessary.
Filing an Insurance Claim in West Palm Beach
When we file your claim with the business owner’s insurance company, the adjuster on your case may seem friendly and willing to help you in any way they can.
Do not let their kindness fool you. An insurance adjuster is loyal to their employer and will do whatever it takes to avoid paying you compensation. They may try to trick you into:
- Admitting liability in a recorded statement
- Accepting a lowball settlement offer
- Downplaying your injuries
- Agreeing to settlement terms you don’t understand
- Settling too quickly before you know all your losses
We Will Handle the Insurance Companies for You
Adjusters employ these tactics, and others, to pay you less. Insurance companies stay in business by denying or devaluing valid accident claims. One of our attorneys can act as your voice throughout the process. We will provide your insurance adjuster with all the information they need to make a fair decision.
At the same time, we will coach you through the process to ensure you do not give them any reason to deny your claim. We can even help you draft your official statement, so you don’t have to worry about the wording.
After the investigation, we will help you decide whether to accept the insurer’s settlement offer. In some cases, the insurer will determine that the property owner was at fault for your injuries and make you an offer to settle your claim.
Our attorneys will negotiate with your insurer to get you the most money possible. However, if the insurer insists on making an unfair offer, we will prepare to file suit.
Filing a Lawsuit After Your Accident
We will likely move forward with your lawsuit against the responsible parties if a settlement is not an option. To file a successful lawsuit, your lawyer will need to prove that the defendant was negligent in ensuring the safety of the property and this negligence caused your injuries.
That proof involves providing evidence of:
- The property owner’s duty of care to keep you safe on their premises.
- Their violation of the duty of care.
- The hazard resulting from their lack of care.
- The extent of your injuries and how that qualifies you for damages.
Demonstrating negligence means connecting the dots between a property owner’s carelessness and your injuries. That connection then illustrates your right to compensation.
How Will a Slip and Fall Injury Lawyer Prove the Facts of My Case?
Whether you are filing a claim with an insurance company or going to court against the person responsible for your damages, you’ll need to prove that their negligence caused your injuries. We can prove this by establishing a few key facts about your case.
You Had Visitor Status When You Suffered the Accident
If you were a business invitee or a social guest on the property, your visitor status will qualify you to recover damages. Under Florida’s premises liability laws, all property owners or managers must maintain a safe environment for their guests or business customers. We can hold them liable for your damages if they fail to do this.
However, if you were a trespasser, the property owner may not be liable for your injuries unless they were grossly negligent or were aware of your presence but failed to warn you of any known hazards (Florida Statutes § 768.075). We can help explain the difference between an invitee and a trespasser and decide on the best path to pursue justice.
Proving Hazardous Conditions on the Premises Caused Your Accident
We can prove the presence of dangerous hazards on the property by showing pictures and video recordings of the uneven sidewalk, broken step, unlit walkway, or other unsafe conditions that caused your fall.
A lawyer can also prove that the business owner knew about a dangerous condition but failed to fix it or they should have known about it. We’ll rely on circumstantial evidence to prove the defendant had constructive knowledge of the hazard.
Lawyers can build a strong case by using the following:
- Maintenance reports
- Inspection records
- Expert analysis
We Will Use Evidence to Depict an Accurate Timeline
Some slip and fall cases can boil down to a timeline, showing when a hazard became apparent and when you fell. For instance, if someone spilled their drink in a restaurant and you immediately slipped, the property owner didn’t have time to recognize and clean up the spill.
By contrast, if someone spilled their drink and an hour went by with no clean-up, causing you to fall, the business owner is negligent.
Insurance adjusters and property owners may try to minimize the hazard that caused your accident. With evidence, we can determine what caused your fall and accurately represent the entire scenario.
The Property Hazard Caused Your Fall and Injuries
We will show that the accident would not have occurred without the hazard by presenting expert testimony, photo evidence, and eyewitness statements. However, in some cases, the accident victim may be partially at fault for their injuries.
In Florida, victims who are partially responsible can still recover damages under the theory of comparative negligence. In other words, if the court finds you 30% responsible for your fall because you tripped over your shoelaces, they will award you 70% of the total damages.
When we evaluate your case, we can counter an insurance adjuster’s determination of fault if they try to shift more blame onto you.
You Suffered Damages As a Result of Your Fall
Your medical records and testimony from your doctors will prove you suffered injuries in the slip and fall.
The court will consider your medical costs, lost wages, and other expenses when determining how much damages to award.
After a Slip and Fall, The Law Offices Of Anidjar & Levine Can Help
Whether you are dealing with an insurance company or a property owner in court, having the right attorney in your premises liability claim is essential.
The personal injury attorneys at The Law Offices of Anidjar & Levine have years of experience fighting for the rights of South Florida slip and fall victims and helping them file successful claims for damages. If you suffered injuries after a fall, contact us to discuss your options for financial recovery.
We Can Help.