Slip and fall accidents can happen anywhere: a grocery store, a department store, a business office, or a parking lot. Regardless of where you suffered a slip and fall, you may be entitled to compensation if it resulted from another party’s negligence.
For help recovering the compensation you need, call a slip and fall injury in Fort Myers from the Law Firm of Anidjar & Levine at 800-747-3733 today. We get our clients compensation for their injuries so they can rebuild their lives.
Why Do I Need a Law Firm to Help Me After My Slip and Fall Accident?
At first glance, slip and fall cases may appear simple and clear cut: A person falls down, suffers injuries, and files an insurance claim against a property owner. But, the challenge comes in proving your claim to an insurance company or a court to recover compensation for your injuries.
And while it might seem as though the insurer is trying to help you, this could not be farther from the truth. Having a lawyer who knows the tricks auto insurers play to avoid paying a claim will work to your advantage. We know these tricks and how to defend against them.
However, before we file a claim on your behalf, we must determine who is liable for your injuries. In some cases, identifying the property owner (i.e., your liable party) may take some effort. For instance, a large corporation in another state or country may own the property of the local business where your injury occurred.
Our attorneys have the research skills and resources needed to determine a property owner’s identity — regardless of the property owner’s geographical location.
Were You On the Property Lawfully?
Whether property owners are liable for injuries also depends on the “category” visitors are in while on the property. Florida’s premises liability law holds property owners liable for injuries of an “invitee” — someone the owner invites onto the property — and a “licensee” — someone the owner permits on the property.
For instance, the premises liability law would consider a shopper at a grocery store an invitee because that person plans to conduct business. The law considers a person whom the grocery store permits to enter the property only to use the restroom and has no intention of buying groceries a licensee.
If you were trespassing on the property at the time of your injury, recovering compensation will be difficult. We will work with you to determine your status at the time of the accident.
What Do I Need to Prove to Hold the Property Owner Liable for My Injuries?
To recover compensation for your slip and fall injuries, we must prove the following four elements of negligence:
Duty of Care
Property owners have a duty to keep their property reasonably safe for visitors. For instance, a grocery store has a legal obligation to maintain a safe environment for shoppers.
Breach of Duty
Property owners breach their duty of care when a safety issue occurs and property owners fail to remedy the situation or make visitors aware of the situation to prevent them from injuring themselves. For example, a retail store owner sees the carpet in the middle of the store is torn. He does not replace it or warn customers about it.
Surveillance video and eyewitness testimony will be especially helpful establishing this element.
If owners fail to maintain their property or correct safety hazards they know — or should have known — about, and the hazards injure visitors, property owners may be held responsible for the visitors’ injuries.
This means that visitors suffered damages as a result of their injuries. For instance, if you tripped over the torn carpet and hit your head, you sustained damages by having to get medical treatment and losing regular income if your injuries prevented you from working.
What Type of Proof Do I Need to Provide for My Insurance Claim?
With slip and fall accidents, Florida’s negligence law requires injury victims to prove that the business where the accident occurred knew — or should have known — about a condition that placed visitors in danger but failed to remedy it.
This section of the law can complicate a case for an injury victim seeking compensation alone. However, our law firm has multiple resources to investigate injury claims. For instance, our investigative team can show that a company or store had enough time to find out about hazardous conditions had it used reasonable care. We gather evidence such as:
- Federal and state safety complaints filed against the store or company
- Internal injury incident reports to prove that other slip and fall accidents occurred
- Surveillance camera videos
- Employee statements about the conditions
- Eyewitnesses statements
The type and amount of information and documentation we gather for your claim depends on the circumstances surrounding your slip and fall accident.
What Type of Damages Can I Ask For?
In a slip and fall accident, you may seek compensation or damages for your:
- Medical expenses (e.g., hospitalization, x-rays, MRI tests, ambulance costs, physical therapy)
- Lost wages
- Loss of earning capacity (if you cannot return to work or if you must take a lower paying job)
- In-patient rehabilitation
- Routine visits to medical specialists
- Home health care
- In-home medical supplies
Compensation is also available for non-monetary or intangible damages, such as the physical and emotional pain and suffering and mental anguish you experienced due to your injuries.
When Should I File an Insurance Claim?
You should file an insurance claim as soon as possible. If you hire the Law Firm of Anidjar & Levine, we will file your claim well within the statute of limitations and negotiate your claim with the insurance company to get you the most compensation available under law.
If we cannot reach an agreement, we can take your case to court.
Under Florida’s statute of limitations, you have four years from the date of your accident to file a personal injury lawsuit.
Call Us Today for a Complimentary Case Review
Call us today at 800-747-3733 to speak to a slip and fall accident lawyer in Fort Myers. We will protect your rights and help you pursue an insurance claim and recover from your injuries. We use our knowledge of the law to your advantage. So, contact us now at 800-747-3733.