Imagine you are shopping at your favorite store when you suddenly slip and fall to the ground and suffer severe injuries. You later find out the store had a broken step that management was aware of but refused to fix. What can you do?
Nothing can erase the physical and emotional injuries you suffered in the accident. However, the attorneys at the Law Firm of Anidjar & Levine may be able to do something to ease the financial burden you now face because of your injuries.
We file personal injury claims on behalf of slip and fall accident victims to make sure property owners and store managers do not get away with negligent maintenance of their property. If you would like us to investigate your accident, contact us today at 800-747-3733. Schedule a free case evaluation with a slip and fall injury lawyer in West Palm Beach.
What Damages Can I Recover After a Fall?
You may be facing debilitating, even permanent injuries because of your accident. Many slip and fall victims suffer serious sprains, broken bones, brain injuries, or spinal cord damage. Our attorneys will collect proof of the costs associated with your injuries. We will seek compensation for:
- Your medical bills;
- The costs of any rehabilitation or physical therapy;
- The cost of your prescription drugs;
- Your lost wages;
- Your future medical care costs;
- Reimbursement for your future lost earning potential;
- Compensation for your pain and suffering; and
- Any other injury-related damages.
How Can an 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. 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 attorneys are highly trained to handle the insurance claim process, as well as the court process.
Filing an Insurance Claim
When we file your claim with the property 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. In fact, they may try to trick you into admitting liability in a recorded statement, accepting a lowball settlement offer, or downplaying your injuries, just so they do not have to pay you what you deserve.
Insurance companies stay in business by denying or devaluing valid accident claims. One of our attorneys can act as your voice throughout the claims 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 make sure you do not give them any reason to deny your claim.
After the investigation is complete, 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. We 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
If settlement is not an option, we will likely move forward with your lawsuit against the parties that own and maintain the property where your injuries occurred. In order to file a successful lawsuit, we will need to prove that the property owners were negligent in ensuring the safety of the property and that this negligence caused your injuries.
How Will a Lawyer Prove the Facts of My Case?
Whether we are filing a claim with an insurance company or going to court against the property owner responsible for your damages, we will need to prove that the property owner’s negligence caused your injuries. We can prove this by establishing a few key facts about your case.
You Had Visitor Status
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 invited guests or business customers. If they fail to do this, we can hold them liable for your damages.
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.
A Dangerous Hazard Was Present on the Premises
We will first prove there was a dangerous hazard on the property by showing pictures and video of the uneven sidewalk, broken step, unlit walkway, or other dangerous condition that caused your fall. We will also prove that the property owner knew about a dangerous condition but failed to fix it—or that the property owner should have known about the condition—by using testimony, photos, maintenance reports, and inspection records.
The Property Hazard Caused Your Fall and Injuries
We will show that the accident would not have occurred had it not been for the hazard by presenting expert testimony, photo evidence, and eyewitness statements.
In some cases, the victim may also be partially at fault for their own injuries. In Florida, victims that are partially responsible can still recover some damages under the theory of comparative negligence. In other words, if the court finds you 30 percent responsible for your fall because you tripped over your own shoelaces, they will award you 70 percent of the total damages.
You Suffered Damages
Your medical records and testimony from your doctors will prove you suffered injuries in the slip and fall. The court will consider your medical expenses, lost wages, and other expenses when determining how much to award you in damages.
After a Slip and Fall, the Law Firm of Anidjar & Levine Can Help.
Whether you are dealing with an insurance company or a property owner in court, it is important to have the right attorney representing you in your premises liability case. The attorneys at the Law Firm 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, call the Law Firm of Anidjar & Levine at 800-747-3733 to discuss your options for financial recovery.