If you slipped and fell on someone else’s property in Orlando, Florida, you might be entitled to compensation for the harm you suffered. The Law Offices of Anidjar & Levine helps people pursue damages for their injuries. Our clients can focus on recuperating from their injuries, while we take care of their legal matters.
An Orlando slip and fall lawyer can help with your damages claim. Call us at 1-800-747-3733 to get a free consultation.
Proving the Property Owner’s Liability in a Slip and Fall Case
Getting hurt while on someone else’s property is not enough, by itself, to make you eligible for compensation. A landowner must be negligent before the law will hold him responsible to you. Our Orlando injury lawyers have to prove all three of these factors to prove negligence and hold the property owner accountable for your slip and fall injuries:
- A dangerous condition existed on the premises.
- The owner knew or should have known about the condition.
- The owner did not repair the dangerous condition or post adequate warnings about it.
Let’s say that a shopping mall had a large fountain in its center.
The mall owners knew the fountain leaked but did not have it repaired right away. Also, the owners did not place water-absorbent mats around the fountain, block off the area, or post warnings about the wet floor.
This pattern meets all three elements of landowner negligence. The wet floor was a hazardous condition on the property. The mall owners knew about the water on the floor around the fountain. The property owners did not repair the dangerous condition, block off the area, or post warnings.
If a shopper slips and falls because of the wet floor, the shopping mall will be liable. The mall’s negligence will be the cause of the plaintiff’s injuries.
What You Should Do After a Slip and Fall Accident in Orlando, Florida
Taking these five steps after a slip and fall accident can safeguard your health and protect the value of your compensation claim:
Get Medical Treatment at Once
Your medical records will be essential for us to prove that your injuries came from the fall on the property. Never delay in getting medical care after an injury. If you wait to see the doctor or go to an urgent care or emergency room, it will be harder to prove that the fall caused your injuries.
Also, some injuries do not exhibit symptoms immediately, even though you might have a severe injury. Internal bleeding, back or neck injuries, or head trauma do not always display signs right away.
Gather Evidence at the Scene
If possible, take photographs of the place where you fell, with particular focus on the thing that caused you to slip. Once the owner cleans up the area, it will be your word against theirs that there was a dangerous condition when you fell. Try to get the names and contact information of other people who were around when you got hurt.
Report the Accident to Management Right Away
If your injuries prevent you from giving written notification immediately, have someone do so on your behalf. Keep a copy of the paper you used to provide notice of the accident.
Talk with an Orlando Slip and Fall Lawyer
The property owner should contact their liability insurance carrier once they become aware that an injury happened on the premises. Many people are afraid to go up against a commercial liability insurance company on their own. When you get a lawyer to represent you, the insurance company is not allowed to harass you.
Complete All of Your Prescribed Medical Treatment
We know that it can be inconvenient and uncomfortable to undergo weeks of treatment, like physical therapy. However, following through with your doctor’s orders can give you a good chance of achieving the best possible outcome. Also, completing treatment takes away any arguments the insurance company might have that you could have gotten better.
Damages for a Slip and Fall Accident
We cannot predict the amount of compensation that you will receive for your injuries, because every case is different. Your financial recovery will depend on the facts of your case. Here are some of the common types of damages that plaintiffs in slip and fall cases can collect:
- Medical expenses, for all the reasonable treatments you needed because of the slip and fall. These costs can include things like the ambulance, urgent care center or emergency room, surgery, doctors, hospitals, prescription drugs, diagnostic testing, and physical therapy.
- Rehabilitation center costs, if you had to go for specialized care for weeks, months, or longer because of a devastating injury.
- Long-term care, if catastrophic injuries leave you in need of daily assistance with medical treatment and personal care.
- Lost wages, for the money you missed because of the accident and your recuperation time. This category can include wages, salary, self-employment, and other income.
- Decreased earning capacity, if your injuries leave you unable to make as much money as you could before the slip and fall accident.
- Disability, if your injuries render you unable to support yourself through employment.
- Pain and suffering, for the discomfort and distress your injuries caused you.
- Other non-economic losses, which can include things like disfigurement, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and your spouse’s claim for loss of consortium.
How an Injury Lawyer Can Help with Your Orlando Slip and Fall Case
An Orlando slip and fall lawyer can protect your right to compensation and help you avoid some of the pitfalls that can happen in these claims. For instance, do not make these three mistakes:
- Do not give a recorded statement to the insurance company without your lawyer’s prior approval. The claims adjuster can take your words out of context to try to pay you less money.
- Do not settle your case too early. Until you recover or reach maximum medical improvement, at which you have healed as much as you are going to, settling your claim is taking a gamble that you will not have complications or residual impairment. Once you accept that check from the insurance company, they will not pay you any more money, even if you end up needing surgery or having a permanent disability.
- Do not post any information or comments about the accident or your injuries on social media. The insurance company can take these postings out of context to hurt the value of your case.
- Do not wait too long to get your case started. Florida only gives injured parties four years to file a lawsuit.
If you got hurt from a fall on someone else’s property in Orlando, Florida, a slip and fall lawyer can help. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733, to get a free consultation with an Orlando slip and fall lawyer.