The cost of treating injuries that appear to be minor after a slip and fall accident can add up. The cost of doctor visits, X-rays, MRIs, occupational therapy, physical therapy, and other medical procedures can seriously affect your finances.
You shouldn’t be held financially liable if the accident wasn’t your fault. Consulting a Davie slip and fall accident lawyer with Winston Law Firm about your case could help you secure the necessary financial compensation.
Personal injury lawyers in Davie are paid on a contingency basis. There are no fees until the case is won, so there is no risk and no out-of-pocket cost to fight for your right to full compensation.
Proving a Slip and Fall Claim
To succeed in a premises liability case in Florida, your Davie slip and fall accident attorney must demonstrate:
- The property where the injury took place was occupied, leased, owned, or under the defendant’s control
- The defendant acted carelessly or negligently
- The plaintiff was injured
- The defendant’s negligence caused the plaintiff’s injuries
To determine if the owner or management has liability in a particular case, courts, insurance companies, and personal injury attorneys may take the following factors into account:
- The likeliness of getting hurt given the given conditions
- How serious an injury could be under the given conditions
- Whether or not the property owner knew about the hazardous condition
- The degree of the property owner’s responsibility to eliminate or correct the dangerous condition.
- The location of the property
- The degree to which the property owner could have prevented the condition caused the fall
There are many complicated factual and legal issues in slip and fall injury claims, and the insurance company may question the severity of your injuries or blame you for your accident.
A slip and fall accident lawyer in Davie can help to protect you from these accusations and protect your right to recover full compensation for your losses.
Can I Recover Damages If I’m Accused of Causing My Slip and Fall Accident?
Always be prepared for the property owner to blame you for your injury. You’ll need to fight back or risk losing a significant portion of your settlement. Under Florida’s comparative negligence law, all at-fault parties are liable for their proportional share of an accident’s damages.
What this means is that if you contributed in any way to the accident, your compensation award may be reduced to reflect your own negligence. In cases involving slips and falls, it is common for the defendant to try to shift blame to the injured party.
Common arguments against a slip and fall accident claim can be:
- The risk ought to have been obvious; you should have seen the hazard
- That part of the property is off-limits, and you had no business being there
- You did not pay attention and caused your own injury
- Your injuries didn’t happen because of your fall
A slip and fall accident attorney in Davie understands how complicated accident cases can be and will work to fight the insurance company’s accusations that you were at fault.
What Damages Can I Collect in a Davie Slip and Fall Claim?
A victim of a slip-and-fall may be able to pursue compensation for the following types of damages:
- Costs of medical care, such as hospital costs, imaging and X-rays, physical therapy, prescriptions, and other related cost
- Estimated future medical costs for severe injuries that need ongoing care and treatment
- Rehabilitation costs, including visits to specialists like physical therapists
- Costs for medical devices like canes, braces, or walkers
- Wages lost, both current and future
- Pain and suffering from your injuries
- Emotional trauma, or loss of enjoyment of life
What Is a Slip and Fall?
A “slip and fall” is a type of premises liability lawsuit that occurs when a person slips or trips and falls, sustaining injuries as a result of someone else’s negligence in maintaining the area safely.
For instance, a slip and fall has occurred if someone trips and hurts themselves on a wet entryway in a grocery store that should have been cleaned up. All unintentional falls, including those where the victim tripped over something and fell, are covered by the term “slip and fall.”
Slip, Trip, and Fall Accidents Can Have Several Causes
Many hazards can result in slips, trips, and falls, such as wet surfaces, broken stairs, stairs without handrails, or debris in a walkway. Certain areas and premises should be safe for regular use by visitors according to the law.
It is up to property owners to keep their places of business reasonably safe. They must take steps to remove or repair any known hazards so that people don’t get hurt and are required to alert visitors to specific dangerous situations.
Premises liability claims are often the result of a trip and fall injury suffered on someone’s property. A Davie premises liability lawyer with experience handling slip and fall cases can help you to file a claim after an accident involving:
- Slips caused by a wet surface
- Obstructions or debris in walkways
- Slip, trip, and fall accidents at work brought on by hazardous circumstances
- Falls because of inadequate handrails or guardrails
- Falling or tripping in unlit stairways
- Trip and falls caused by holes in landscape or potholes
- Unlevel or improperly maintained sidewalks, pavements, or floors
Contact a Slip and Fall Accident Law Firm in Davie Today
Some of the most difficult injury cases involve trips, slips, and falls. We need to demonstrate that a property manager or owner was careless in their duties and that someone was hurt as a result.
Due to the complexity of these cases, we work to position your case to maximize your compensation. Winston Law Firm is interested in hearing from you if you or a loved one were hurt after tripping or falling on someone else’s property.
Our slip and fall lawyers in Davie has aided in the recovery of substantial compensation for our clients. Contact us today to schedule a free case evaluation and find out how to put the Winston Firm’s experience to work for you.