A slip and fall accident can leave you with significant injuries, potentially involving long-term or permanent disability.
If you took a fall and sustained serious injuries because of someone’s negligence, an attorney with the Law Firm of Anidjar & Levine can help protect your legal rights. We can represent you in your legal claim and pursue the financial compensation you deserve.
What causes slip and fall accidents?
According to the Florida Department of Health (FDH), more residents age 65 and older die from slip and fall accidents than any other cause. Falls are also responsible for more non-fatal hospitalizations across all age groups than any other accident.
Slip and fall accidents can occur in virtually any location where hazardous condition exist. They commonly result from one or more of these conditions:
- Unmarked steps, curbs, and cords;
- Uneven or broken sidewalks;
- Spills or water leaks on tile surfaces;
- Lack of handrails;
- Unseen obstacles; and
- Poor parking lot maintenance.
Victims of these accidents often suffer the following injuries:
- Tendon and ligament injuries;
- Broken bones;
- Broken teeth;
- Joint dislocations;
- Neck injuries;
- Brain injuries; and
- Spinal cord injuries.
Victims—especially older victims—can sustain long-term or permanent disability as a result of these highly dangerous accidents. If you suffered a serious injury in a fall, we can help you recoup the significant costs you are now facing.
What costs can I recoup after a fall?
According to 2013 data from the FDH, the cost of slip and fall injuries was almost $4 billion statewide, with an average total hospital bill of almost $50,000.
You may be eligible for compensation to cover these costs. When we file your personal injury claim, we will include your doctor and hospital costs, lost wages, an estimated value of future care costs, long-term reduced earning potential, and pain and suffering damages. As you might imagine, your claim may quickly grow to a very significant sum.
If we can prove that your accident was the result of someone else’s negligence, that individual and their insurance company should provide reasonable compensation for your injuries and care.
Who can I hold responsible for my injuries?
Although it depends on where your accident occurred, we will typically use Florida premises liability law to establish who was responsible for your injuries. Under these laws, the owner of a property has a duty to maintain the premises in a reasonably safe, hazard-free manner. If a dangerous condition develops, the owner must correct the problem in a reasonable period of time and bring the problem to the attention of any visitors.
For example, if a retail store experiences a spill or water leak on a tile floor, they must clean up the hazard immediately. If they cannot complete the cleanup for some reason, they must place barricades around the slick surface or use another method of alerting customers.
If the store fails to take these reasonable precautions—and if someone slips, falls, and sustains an injury—the store may be liable.
If you ignore the barricades and walk across the wet, slippery floor, the store may not have liability for any injuries you incur. The statutes require that the victim not contribute to the accident by ignoring warning signs, running, or engaging in other risky behaviors. However, even if you contributed to your injuries, we may be able to win partial damages on your behalf. Contact us to discuss the details of your case.
How can a lawyer prove the property owner was negligent?
Once we identify the responsible party in your case, the next step involves proving negligence. This requires demonstrating four key points:
- You had a legal reason to be on the property, meaning you were not a trespasser;
- The property owner allowed a hazard condition to persist without providing a warning;
- That hazardous condition caused you to slip or fall and, as a result of the fall, you sustained serious injuries; and
- Your injuries resulted in actual, provable damages.
But what if no one alerted the store’s manager or maintenance personnel about the spill? Should the store have known about and addressed the hazard before you fell?
The legal standard for addressing these questions is the “reasonable person” standard. To determine whether the store manager should have known about the hazard, the court will examine what most reasonable store managers in the same situation would have done.
If the court determines that most store managers would have addressed the dangerous situation, the store owner is liable for your injuries and damages.
Do I need a slip and fall injury lawyer?
Having an attorney is the best way to protect your legal rights and ensure the best possible outcome for your claim. We will prove the property owner failed to keep you safe and you fell as a result.
We will collect all the evidence necessary to prove this point. That may include video surveillance footage, the company’s safety policies and accident records, witness statements, and other relevant documents. We may also call on expert witnesses and accident scene reconstruction experts to identify the hazards that caused or contributed to your injuries. This information will help to establish how you fall occurred—and who was responsible.
We also deal directly with the insurance company to negotiate a fair settlement on your behalf. We know which tactics insurers commonly use to reduce a claim’s value and can defend against them, ensuring that you receive the full compensation you deserve.
It is essential, however, that you consult an attorney before talking about the incident, giving a statement, or signing any documents that the business or their insurance company may request. You may sign away your legal right to seek fair compensation for your injuries.
The Law Firm of Anidjar & Levine can help you recover compensation after a fall.
Selecting a slip and fall attorney to represent you is critical for protecting your legal rights and pursuing a fair settlement for your injuries. In Florida, the Law Firm of Anidjar & Levine offers a free case review for personal injury clients to answer your questions and help you determine your next steps.
Call us today at 800-747-3733 to schedule an appointment with a slip and fall injury lawyer in Sunrise.