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BOCA RATON TRUCK ACCIDENT LAWYERS


If you were in a truck accident start a free chat now!

BOCA RATON TRUCK ACCIDENT LAWYERS


If you were in a truck accident start a free chat now!

Were You Injured in an Accident Involving a Truck in Boca Raton?

While any motor vehicle accident can cause permanent life-altering injuries, collisions involving a tractor-trailer can pose a particularly significant threat of catastrophic injuries and wrongful death. Tractor-trailers (also referred to as commercial trucks, semi-trucks, big-rigs, and 18-wheelers) can weight up to 80,000 pounds and outweigh a passenger car by 25 times or more.

Risk of Collisions with a Tractor Trailer

While this size disparity poses a significant risk of personal injury to occupants of the other vehicle in a trucking accident, there are many other factors that make tractor-trailers extremely dangerous. Collisions involving a large truck do not amount to just a car accident involving a large vehicle. Tractor-trailer accidents pose unique issues and challenges for injuries victims.

Fatal Truck Accident Lawyers Serving Boca Raton

Because trucking accidents tend to involve severe injuries and fatalities to occupants of the other vehicle, injury victims need an experienced and dedicated tractor-trailer accident lawyer to handle the unique issues associated with trucking litigation. At Shiner Law Group, we have obtained substantial recoveries for victims of semi-truck accidents. David I. Shiver has developed a reputation for effective representation of his clients and a commitment to providing exemplary customer service. The Shriver Law Group has over 15 years of experience during which our law firm has garnered many accolades and awards that include:

  • AV Preeminent® rating by Martindale-Hubbell for legal aptitude and ethical standard based on peer review
  • 10.0 Superb AVVO Rating (Rating all attorneys in the U.S.)
  • Inclusion in Super Lawyers® and Best Lawyers in America® (Based on professionalism and recoveries for clients)

Boca Raton Truck Accident Lawyers

Our commitment to the tenacious pursuit of our clients’ best interest, substantial settlements and verdicts, and timely communication with our clients has become the touchstone for our law firm. Because trucking litigation is complex and sophisticated, our clients trust our experience and reputation among insurance adjusters, peers, insurance defense attorneys, judges, and our former clients for diligent and effective representation of our clients. We have recovered tens of millions of dollars for our clients while providing the foundation for a new beginning after serious Boca Raton trucking accidents. We understand that our clients are valued family members to their loved ones, so we treat them with the compassion and respect that their loved ones should expect and that our clients deserve.

Boca Raton Fatalities Rising in Truck Accidents

Trucking accidents claimed the lives of 3,852 people during the most recent year for which data is available according to the Insurance Institute for Highway Safety (IIHS). Despite the overall decline in traffic-related fatalities during recent years, the percentage of people who died in trucking accidents increased by 22 percent from 2009 to 2015. While many people would prefer to assume that they will not be injured in a trucking accident, the statistical evidence shows many people lose their lives in crashes involving large trucks and that the number is rising.

Post Truck Accident Collision Difficulties

The threat to roadway safety posed by semi-truck accidents is linked to the inherent limitations of tractor-trailers. The length and weight of large trucks increase their braking distance and limit their maneuverability. When big-rigs collide with passenger cars and cause a fatality, an occupant of the passenger car is the fatality victim 97 percent of the time according to the Insurance Institute for Highway Safety.

Given the substantial risk of suffering catastrophic injuries or wrongful death when your passenger car is involved in a collision with a tractor-trailer, an experienced Boca Raton trucking accident lawyer can have a substantial impact on the outcome of your claim. Our seasoned and knowledgeable trucking accident lawyers have the expertise to negotiate the special issues involved in trucking litigation, such as:

Trucking Industry Litigation Resources: Commercial carriers (trucking companies) litigate an enormous number of tractor-trailer accident claims, so they are prepared when one of their big-rigs or drivers is involved in a collision. Trucking companies often have emergency response teams that can be dispatched to the scene of a trucking accident within minutes of a crash. These crash investigators begin analyzing evidence to build a defense to liability. Trucking companies also have an almost limitless litigation war chest and an array of industry experts. Although the trucking company has experts investigating and constructing a defense strategy almost immediately, accident victims can mitigate this advantage by retaining our tractor-trailer accident team immediately following an accident.

Trucking Regulations and Safety Issues

Complex Regulatory Structure of Trucking Industry: The trucking industry is closely regulated by federal and state authorities to mitigate the risk of serious injury caused by tractor-trailers. When trucking companies operate across state lines, they are engaged in interstate trucking and regulated by the Federal Motor Carrier Safety Administration (FMCSA). Commercial carriers that operate entirely within Florida are engaged in intrastate trucking and subject to Florida laws and regulations. Trucking regulations cover a broad range of safety issues that include:

Hours of Service (HOS) Rules: These rules limit a driver’s time behind the wheel and on-duty time while imposing mandatory rest periods. Because more cargo moved over shorter periods of time means higher profits for trucking companies, they often assign unrealistic shipping schedules or look the other way when drivers violate HOS rules. Fatigued truck drivers often are tempted by compensation plans that encourage HOS violations. Sleepy or fatigued truck drivers behind the wheel of forty ton projectiles barreling down the freeway at 60 miles per hour pose an ominous safety threat.

Drug & Alcohol Testing: FMCSA regulations impose strict rules regarding drug and alcohol testing. New hires must be screened. Commercial carriers are required to continue to administer random drug tests. Drivers also must be tested in the wake of an accident. When the commercial carrier fails to conduct such testing, these violations can be a basis for imposing liability on the trucking company when a big-rig crash is caused by a drunk or drugged driver.

Truck Inspections and Maintenance: Federal trucking regulations require drivers to conduct both pre-trip and post-trip inspections. These inspections apply to such critical safety features and equipment as brakes and tires. When an 80,000 pound big-rig on a slight downward grade experiences brake failure, a runaway truck can cause terrifying carnage. When brake calibration or tire replacement is not performed in a timely fashion, inadequate maintenance can be a significant factor in a trucking accident.

Driver Fitness: Drivers must be screened for medical fitness under federal trucking regulations before obtaining and maintaining the right to operate a semi-truck. Drivers allowed to remain in service despite uncontrolled sleep apnea, diabetes, and other conditions can be liable for crashes caused by medical conditions.

Truck Size and Weight: Large trucks must comply with maximum length and weight requirements depending on the configuration of the vehicle. Excess length can endanger other motorists by compromising the handling and maneuverability. When the gross weight of a loaded truck exceeds applicable limits, the excessive weight can cause the driver to lose control of the vehicle or cause excessive tire and brake wear leading to brake malfunction or failure and tire blowouts.

Proper Securing of Cargo: FMCSA regulations also establish standards for securing cargo. When cargo is not properly secured, items can fall into the roadway or onto other vehicles. Shifting loads can also affect the handling of the truck, so the driver loses control of the vehicle.

Reasons to Hire a Lawyer After a Truck Accident

Manipulation of Evidence: When trucking accident victims are not represented by experienced and skilled Boca Raton trucking accident attorneys, their case can be compromised by trucking industry practices involving the destruction and manipulation of evidence. While truck drivers are required to keep log books that document hours of service and inspection logs, these documents are often altered or manipulated. Driver logbooks are so routinely falsified that these vital safety records are referred to in the industry as “lie books.” Our Boca Raton big-rig accident lawyers aggressively use the discovery process to obtain documents that might reveal inconsistencies in driver logbooks, such as fuel receipts, GPS data, emails between the driver and trucking company, lodging receipts, and tire purchase orders. Trucking companies often rush vehicles back into service, which means repairing body damage. Accident reconstruction analysis can be hindered when body damage from the collision is repaired.

Spoliation of Evidence: If a big-rig is put back into service, critical information on the truck’s electronic control module (ECM) or event data recorder (EDR) might be lost. These onboard data recorders are similar to the “black box” used to reconstruct crashes involving commercial flights. Depending on the device, black box data might include information about speed before the accident, sudden braking, shifting, location, malfunctions, and other vital information. Our Boca Raton trucking accident lawyers send “spoliation letters” advising trucking companies that the truck and black box are the subject of litigation and must be maintained in their post-accident condition. The warning letter advises the trucking company that they will be subject to sanctions by the court if they disregard the letter. If we have reason to believe the trucking company might intend to proceed to take actions that could result in loss of the data, our law firm might file with the court for restraining orders.

Multiple Parties and Insurance Companies: Trucking accident litigation can become complicated because many such accidents can involve more than two vehicles, such as when a semi-truck rolls over or a big-rig jackknifes, blocking multiple lanes of a highway. This type of accident might cause a chain reaction, involving multiple vehicles that do not see the roadway obstruction in time. The number of potential parties will swell even more because the commercial carrier, truck driver, truck manufacturer, shipper, truck component manufacturers, or independent maintenance company all might be parties to the litigation depending on the facts or circumstances. The many potential parties that might be involved in a tractor-trailer accident lawsuit will also mean that multiple insurance companies are involved. Our law firm conducts a meticulous investigation and uses the discovery process to identify all appropriate defendants and to determine the source and amount of all insurance coverage.

Industry Practices and Customs: When investigating the actions of a negligent truck driver or commercial carrier, our attorneys have knowledge of trucking industry customs and practices. Our lawyers also work closely with experts with specialized knowledge of tractor-trailers and trucking industry practices so that we can identify potential issues. For example, our big-rig accident lawyers know that many drivers “cook the books” or keep a dual set of logbooks to continue driving in violation of hours of service rules.

Common Types of Trucking Accidents in Boca Raton

While tractor-trailers can be involved in the same types of crashes as passenger cars, some types of trucking collisions are unique to these vehicles:

Carriage Underride or Override Accidents: These types of trucking accidents involve a particularly high risk of causing catastrophic injury or wrongful death. In this kind of tractor-trailer crash, a big-rig rides over the top of a passenger car or a passenger car travels under the chassis of the truck. In this type of crash, the top of the passenger vehicle typically will be ripped from the car or collapsed into the passenger compartment. Roof crush injuries, decapitation, and spinal cord damage are common in this type of accident. Trucks are supposed to be fitted with guards that mitigate the risk of these crashes, as well as special markings to make the trailer more visible to other drivers.

Big-Rig Rollover Accident: Although other types of vehicles can be involved in rollover crashes, big-rig rollovers are unique. While a rollover accident involving a passenger car usually poses the most significant threat to the occupants of the car that rolls, big-rig rollovers are different. When an 80,000 pound tractor-trailer rolls, other vehicles can be crushed under the rolling trailer or cab. These accidents often occur when a load is not properly secured, causing the vehicle to become unbalanced and prone to tip.

Jackknifed Tractor-Trailer Crash: Jackknife accidents are among the most common type of big-rig crash. This type of collision occurs when a truck driver makes a sudden stop by applying the brakes of the cab. The trailer skids and swings out creating a 90-degree angle with the cab. If the tractor-trailer jackknifes with any speed, the entire vehicle often will flip and roll over, which can cause more devastating injuries and expand the danger area around the big-rig.

Reasons for Accidents Involving Trucks in Boca Raton

Various types of negligent conduct can contribute to a trucking accident. These include the following:

  • Failure of truck driver to properly plan a route that avoids unsafe inclines or other roads that are not safe for large trucks
  • Fatigued truck drivers who disregard hours of service rules often with the tacit approval of the commercial carrier
  • Medically unfit drivers
  • Lack of adequate pre-employment screening of drivers
  • Brake failure, inadequate tire maintenance, or other maintenance issues
  • Drugged or alcohol-impaired
  • Lack of awareness of “no zones” around large trucks (large blind spots)
  • Drivers that fail to drive at a safe speed given the braking and handling limitations of commercial trucks

Injuries Related To Boca Raton Truck Accidents

When Florida truck drivers do not drive their tractor-trailer in a safe manner and fail to comply with federal trucking regulations, the tragic consequences can be permanent and life-threatening injuries or even wrongful death. The victims who suffer a catastrophic injury or wrongful death typically are occupants of the other vehicle in a trucking collision. Our dedicated team of Boca Raton trucking accident attorneys at Shiner Law Group represent individuals that experience serious bodily injury caused by negligent drivers. Trucking accidents like these frequently occur because of indifferent trucking companies that turn a blind eye to the violation of trucking regulations and unsafe driving practices. Serious injuries that may be inflicted in a Florida tractor-trailer accident include:

  • Internal organ damage
  • Disfigurement necessitating plastic surgery
  • Severe whiplash injuries
  • Broken bones and fractures
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries (SCIs)
  • Serious knee injuries (anterior cruciate ligament (ACL), posterior cruciate ligament (PCL), medial collateral ligament (MCL), Lateral collateral ligament (LCL)
  • Joint injuries
  • Wrongful death

Truck Accident Attorneys Near Boca Raton

Serious injuries can result in spiraling medical bills and long periods of disability while trucking accident victims cope with mounting unpaid household expenses. The devastating injuries often associated with a tractor-trailer accident also could have a dramatic impact on your quality of life. Our Boca Raton semi-truck accident attorneys recognize that injuries experienced in big-rig crashes can prevent you from returning to work for extended periods of time while medical expenses and household bills continue to mount. The harm suffered in a semi-truck collision in Florida also may affect your quality of life. At the Shiner Law Group, the attorneys at our law firm pursue many different forms of compensation, including but not limited to the following:

  • Lost Income: Wages and salary lost because of time off work during recovery from your injuries
  • Medical Expenses: Medical expenses associated with your injuries, including costs incurred and estimated future medical expenses
  • Diminished earning capacity: Compensation for inability to earn at the same level because of partial disability
  • Property Loss; Cost of replacing or repairing your vehicle or other damaged property
  • Emotional distress: Compensation for psychological harm from the injury, such as insomnia or anxiety
  • Loss of consortium: Damages for harm to a marital relationship, including the inability to maintain a sexual relationship
  • Pain and suffering: Compensation for pain experienced during the accident, as well as ongoing pain
  • Loss of enjoyment: Covers loss of ability to participate in hobbies and other forms of recreation
  • Punitive damages: Damage designed to punish a wrongdoer for extremely reckless or malicious conduct

When you are injured or you lose a loved one in a semi-truck crash, you must deal with defendants with deep pockets who are used to facing liability claims. Commercial carriers use their ability to gather evidence promptly. They also rely on their trucking litigation experience, so injury victims face almost insurmountable obstacles without a proven and experienced Boca Raton tractor-trailer injury lawyer safeguarding their rights, gathering and preserving evidence, navigating sharp practices by trucking companies and their insurers, and diligently pursuing the fullest recovery in settlements and verdicts.

While the statute of limitations to pursue a trucking accident lawsuit is four years for most personal injury claims, the best option is to seek legal advice as soon as possible after suffering injuries in a semi-truck crash. There are situations where this deadline might be different, such as two years for wrongful death cases. If the roadway design contributed to your trucking accident, you might need to comply with shorter deadlines for giving notice to a public entity. The need for prompt legal advice when pursuing trucking litigation increases in urgency because of the importance of early investigation and preservation of evidence. Our experienced Palm Beach County trucking accident lawyers have the experience, legal knowledge, and tenacity to guide our clients past legal deadlines, procedural pitfalls, and insurance company sharp practices.

Hiring an Attorney for a Truck Accident in Boca Raton

If you or someone you love has died because of the negligent, reckless or intentional conduct of another, we welcome you to contact our experienced legal team so that we can evaluate your claim and advise you of your rights and options. We are committed to helping victims recover the compensation they need to move past injuries or loss, so call us 24/7 at 561-777-7700 or online for a free case review to see how we can help.

Were You Injured in a Slip and Fall Accident in Boca Raton

Our Boca Raton slip and fall lawyers are available to answer your questions related to your slip, trip or fall accident. According to Boca Raton’s personal injury attorney David Shiner, if you were injured in a slip and fall accident at a store or restaurant, you should 1) Seek treatment after your slip and fall accident. Some injuries may surface after the initial shock wears off. 2) Document the area and business where the accident occurred. Take photos of spills, sitting water, debris, mildew, cracks in the floor, uneven surface or carpet. 3) Make a report with the store or restaurant. Ask for a copy of the incident report to provide help with documenting your accident and injuries. 4) Take contact information of any witnesses.

Lawyers That Handle Slip and Fall Cases in Boca Raton

Not all personal injury attorneys are the same and it is important when hiring a slip and fall lawyer should to take their time to find out how many cases the law firm’s injury attorneys can handle in Boca Raton and surrounding Palm Beach County area.

Slip, trip, and fall accidents are among the most misunderstood types of personal injury claims. The insurance industry has been effective in promulgating the myth that most fall victims are malingers looking to make a quick buck. These inaccurate stereotypes have been reinforced by the comedic depictions in television and movies of fall victims wearing “removable” neck braces. These misrepresentations are no laughing matter. Slip and fall injuries cause much more damage than a bruised ego. Falls cause the unintentional deaths of over 31,000 people annually, which nearly matches the number of motor vehicle accident fatalities each year according to the Centers for Disease Control and Prevention (CDC).

The fact that millions of seniors (65 and older) fall each year is particularly concerning because Boca Raton is a haven for retirees. The CDC reports that one in four seniors suffer a fall annually and that the risk of falling doubles for someone who has fallen in the past. Even when only seniors are considered, 2.8 million people per year are treated in emergency rooms for fall-related injuries, and 800,000 of those elderly fall victims are hospitalized for hip fractures or head injuries. Falls also constitute the most common cause of traumatic brain injury. Collectively, this data paints a very different picture than that of the comedic stereotype of slip and fall accidents. Slip and fall and trip and fall accidents are one of the leading causes of serious injury in the U.S. and even wrongful death.

Boca Raton Slip and Fall Lawyers

Slip and Fall Attorneys in Boca Raton

Our Boca Raton fall accident attorneys at the Shiner Law Group have been fighting for victims of hazards on the premises of individuals, business, and government for over 15 years. These cases often turn on challenging factual and legal issues, as well as preconceived notions that slip and fall accidents usually do not cause serious injury. During our time representing many people injured in falls, we have recovered millions of dollars for our clients. Our success and commitment to providing a very positive client experience have allowed us to develop a reputation for exemplary legal services among former clients, judges, insurance companies, and our peers. The exemplary relationships we have built with our clients along with our highly regarded professional reputation are evidenced by our many accolades, including the following:

  • Designation as a top “AV” rated firm by Martindale-Hubbell
  • Highest 10.0 rating by AVVO (reviewing every attorney in the U.S.)
  • Recipient of many five-start reviews from former clients on websites like AVVO, Yelp, Facebook, Google, and other websites
  • Classification of “Superb” by AVVO
  • Recognition by Superlawyers® and Best Lawyers® in America

Types of Falls That Lead to Injuries

Although fall accidents are frequently referred to generically as slip and falls, there are multiple types of falls on the premises of others that can result in injury.

Trip and Fall: This type of fall can be caused by damaged flooring that is not repaired or merchandise that is left in walkways in a manner that is unsafe.

Slip and Fall: Slippery or wet floors can cause a fall because when there is no adequate warning or barrier to prevent falls.

Step and Fall: This category of fall occurs when a fall is caused by a hole in the trajectory.

A serious fall can occur at any time in almost any setting because of a multitude of hazardous conditions that might include the following:

  • Uneven or wet surfaces
  • Defective sidewalks or cracks in the pavement
  • Cluttered floors
  • Recently waxed or mopped floors
  • Potholes in parking lots
  • Loose floorboards
  • Torn or rumpled carpeting
  • Broken steps
  • Missing or loose stairwell railings
  • Water on the floor from rain

Laws Regarding Slip and Fall Injuries in Boca Raton

The law is constantly changing and evolving, which is one of many reasons that it is important to be represented by an experienced Boca Raton slip and fall lawyer. Boca Raton law has undergone significant changes in recent years that have increased the legal and factual challenges of proving liability in a fall case against a business like a retail store, restaurant, big box store, bar, or other business. Whether you slip because of a substance on the floor that you do not see because you are looking at merchandise on shelves or there is a clear liquid on the floor, navigating Boca Raton slip and fall laws can be complicated.

If you fall and suffer an injury in a Boca Raton business, the law of negligence will govern your claim. Successful establishment of a negligence claim requires a slip and fall victim to prove the following: (1) the property owner owed the fall victim a duty of care; (2) the owner breached that duty; (3) the victim experienced harm; and (4) the breach was the actual and proximate cause of harm to the plaintiff. Although these elements apply to all types of negligent claims, Boca Raton law defines these elements more precisely in the context of slip and falls.

What to do when you Slip and Fall in a Grocery Store?

When a person enters a property to conduct business, such as when a shopper enters a grocery store, the person is deemed an “invitee” under Boca Raton law. Invitees are the category of visitors on the property of another who receive the highest degree of protection under the law when compared to mere social guests or trespassers. A store owner or other property owner whose business is open to the public has a legal duty to keep their business premises clear of potential hazards that could cause injury to invitees. Boca Raton law previously permitted the owner of a business or property who failed to exercise reasonable care in maintaining the premises in a safe condition to be held liable. The legal standard became more difficult after 2013 revisions to Boca Raton premises liability statute.

How Long do you Have to Report a Slip and Fall Accident?

The changes in Boca Raton Statute § 768.0755 referenced above have increased the urgency of obtaining prompt legal representation in slip and fall cases. The revised statute requires a fall victim to prove the business or owner knew of a hazard on the premises that could cause injury. While the owner can be liable without “actual” knowledge of the hazard, the fall victim has the burden of proving the owner/business had “constructive” knowledge. Actual knowledge refers to situations where the business owner or an employee has learned of a safety concern like a leak, debris, or spill in an aisle that could endanger visitors to the property. By contrast, constructive knowledge involves imputing knowledge to the owner or business, which can be based on inference from the facts and circumstances. Examples of situations where the owner might be deemed to have constructive knowledge might include a fall on a puddle from a leaky swamp cooler that has a history of leaking on the floor. If a spill has been present on the floor for a prolonged period, knowledge of the hazard might be imputed because the substance should have been discovered with reasonable maintenance and inspection procedures.

The revisions in the law place the victim of a fall in the precarious position of needing to conduct a prompt investigation that might be impossible after suffering serious injury. When customers are receiving medical attention or coping with intense pain, they are not in a good position to determine how long a puddle has been present on the floor. The owner of the premises or business is in a better position to investigate and preserve evidence regarding a fall accident. However, the owner no longer has any incentive to preserve evidence because the burden rests with the plaintiff to establish the owner should have known of the hazardous condition.

Boca Raton slip and fall law also is complicated because the law places limitations on how inferences can be used in slip and fall cases in Boca Raton. The judge and jury can only use inferences at the exclusion of any other reasonable possible causes of the slip and fall. Courts have ruled that evidence an employee was using a high-powered floor waxing machine did not justify an inference that floor wax caused the shopper’s fall when she slipped on a substance that she could not identify.

Because these features of Boca Raton slip and fall law make it essential to conduct a thorough investigation, you should seek prompt legal advice. Our law firm conducts a thorough investigation of falls to prevent critical evidence supporting constructive knowledge and other issues from disappearing. Evidence relevant to factual and legal issues that we seek includes the following:

  • Poor lighting in the vicinity
  • Duration that the unsafe condition was present
  • Accident reports and other documentation regarding the incident
  • Witnesses including employees
  • The configuration of a walkway where the fall occurred
  • History of accidents caused by the same hazard (.e.g. a water cooler that leaks)
  • Maintenance procedures and logs
  • Adequacy of warnings and barriers posted near the hazard
  • Flooring with inadequate slip resistance

Proving Causation and Damages in a Boca Raton Slip and Fall

While proving property owners breached their duty of care is challenging, insurance companies also focus considerable effort on disputing the nature and cause of a fall victim’s injuries. Injured customers have a lot of influence on the effectiveness of this type of strategy. Prompt medical attention can preempt claims by an insurer that a plaintiff’s injuries were caused by some subsequent accident rather than the fall. Injury victims also can help neutralize potential allegations that fall victims are exaggerating or fabricating the severity of their injuries. The best practice is to seek prompt medical care and follow through on any diagnostic imaging ordered by your doctor like X-rays, CT scans, MRIs, and similar diagnostic scans. These types of strategies by insurance companies also can be discouraged by attending all doctor’s appointments and completing the full course of treatment and rehabilitation.

Slip and Fall Accident Injuries on Residential Property and Commercial Properties

While business owners that hold their property open to the public have a duty to protect the public from hazards that they know or should know exist, the situation can be more complicated at a neighbor’s home or the courthouse. The legal duty owed differs based on the nature of the property.

Commercial Property: The owner or employee of a business can be liable for falls if they create the hazard. They also can be financially responsible if they had actual knowledge of the hazard but did not take action to remedy the hazardous condition. The owner or employee also can be liable if he or she should have known of the unsafe condition on the premises based on the surrounding facts and circumstances.

Public Property: Falls that occur on government owned property raise special issues that our experienced Palm Beach County slip and fall lawyers can navigate effectively. These special challenges include what qualifies as a sub-division of government, complex rules on filing a claim, and special statutory requirements.

Residential Property: A landlord or property owner might have to compensate a tenant or other visitor when someone is injured on the property. The pursuit of liability on residential property can be pursued if the owner of the home is responsible for causing the slip and fall accident. The homeowner has a duty to repair the problem if it would not be prohibitively difficult or costly, and the owner suffered significant injury because the hazardous condition was not repaired.



Actions to Take after A sLip and Fall Accident

If you suffer an injury in a fall, you can have a dramatic impact on the outcome of your personal injury lawsuit. If you are involved in a fall on private, public, or commercial premises, the steps taken by a fall victim will influence the outcome of a personal injury claim.

Obtaining Medical Treatment: If you are injured in a fall, your health will be your top priority. Diagnostic scanning, blood tests, and other treatment records will provide valuable evidence regarding the nature and extent of your injuries. The bills and invoices from your care will assist in quantifying your medical expenses. Completion of your entire regimen of treatment also will forestall efforts to minimize the injuries experienced by a plaintiff.

Prompt Reporting of the Accident: If you fall in a grocery store, department store, restaurant, bar, other business, or private residence, the incident needs to be reported promptly to the manager, homeowner, or other responsible party. When the fall accident occurs in a rental unit or business, the owner must prepare an accident report. The injury victim should confirm that the facts in the report are accurate and that it includes details that support the negligence of the property owner, such as inadequate lighting, a bunched up area rug, or a broken step. The fall victim should get the name of the manager and owner of the property, as well as a copy of the report.

Gather Evidence: Because the injury victim has the burden of establishing the knowledge of a commercial property or business owner, efforts to gather evidence at the scene can improve the prospect of a subsequent lawsuit. Photos of the precise location of the accident and any injuries can provide important evidence. Any factors like lighting, narrow walkways, or confusing warnings that might have contributed to a fall also should be captured in pictures.

Note Witnesses: If there are witnesses to the accident, their name, phone number, and address should be written down. The retail and food service industries tend to experience prompt job turnover, so delays in obtaining this information can result in hard to track down witnesses disappearing.

Preserve Apparel: The clothing and footwear you wore at the time of the accident should be preserved in their post-fall condition.

Contact a Slip and Fall Lawyer: If you are injured in a slip and fall accident in a shopping mall, fast food restaurant, neighbor’s home, or a university campus, you should contact an experienced lawyer promptly. Our law firm typically engages in a prompt investigation to preserve critical evidence that can be used to explain the fall and prove the property owner of a business had reason to know of the hazardous condition.

Allow Your Attorney to Speak to Insurance Companies: The defendants in a slip and fall case typically will have commercial liability insurance, homeowner’s insurance, or other coverage. While it might be tempting to speak with an insurance adjuster who contacts you, these discussions generally will not lead to the resolution of an injury claim. Adjusters and other insurance company representatives are not contacting you because they are concerned about your best interest or financial well-being. These individuals are loyal to the insurance company that pays their salary. The adjuster might seek to obtain damaging admissions or inconsistent statements that can be used to attack your credibility. Shiner Law Group trip and fall attorneys have familiarity with the tactics used by insurance companies to avoid or minimize potential payouts on insurance claims.

Our Boca Raton slip and fall injury attorneys often guide our clients through the process of seeking medical and diagnostic evaluations. We also work closely with medical experts analyze medical records regarding the causal link between the fall and resulting injuries. This process also permits us to develop a compelling case regarding the nature and severity of our client’s injuries and any long-term disability.

Filing a Slip and Fall Claim in Boca Raton

When litigating a slip and fall claim, the task of identifying the responsible parties can be complicated. If your fall occurred in a department store that is located in a mall or shopping center, the owner of the store, as well as the shopping center landlord might be liable for the hazardous condition that caused the accident. Other parties that played a role in causing the hazardous condition also might share financial responsibility for a fall victim’s damages.

Our Boca raton slip and fall lawyers work diligently to identify all potentially liable parties and sources of insurance. When an individual is injured after slipping or tripping, any failure to identify and join all parties whose conduct contributed to the accident could result in less than a full damage award. Because our law firm has handled many slip and fall cases since its founding fifteen (15) years ago, our attorneys can assist clients in determining the parties that might be financially responsible for fall-related injuries and ensure that all appropriate parties are joined as defendants in a civil lawsuit. Our lawyers’ extensive experience means that we might have brought claims against companies in similar industries, which can be extremely beneficial because we will be familiar with the relevant safety regulations and standard industry practices.

If you or someone you love has died because of the negligent, reckless or intentional conduct of another, we welcome you to contact our experienced legal team so that we can evaluate your claim and advise you of your rights and options. We are committed to helping victims recover the compensation they need to move past injuries or loss, so call us 24/7 at 561-777-7700 or online for a free case review to see how we can help.

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951 Yamato Rd STE 210,
Boca Raton, FL 33431
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David Shiner Boca Raton Personal Injury Lawyer

David I. Shiner, Esq.

David I. Shiner is a leading personal injury lawyer who practices in several different areas throughout Florida. Mr. Shiner’s personal injury practice is designed to help people who were hurt because of someone else’s negligence and carelessness and his law firm and its lawyers practice law throughout Florida. Mr. Shiner represents individuals who are in need of a personal injury attorney, car accident attorney, pedestrian accident lawyer, wrongful death attorney. Lawyer David Shiner has successfully helped victims receive compensation for many personal injury accidents, such as car accidents, motorcycle accidents, truck accidents and wrongful death cases.


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