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BOCA RATON WRONGFUL DEATH LAWYERS


If your loved one suffered a wrongful death start a free chat below

BOCA RATON WRONGFUL DEATH LAWYERS


If your loved one suffered a wrongful death start a free chat below

Searching For A Wrongful Death Attorney In Boca Raton?

When the life of a loved one is taken from you prematurely, the emotional and financial hardships can be devastating. Surviving family members often find it difficult to focus on navigating around insurance company traps and complying with legal procedures and deadlines.

The process of pursuing a wrongful death claim to replace household income might be essential to maintaining a family’s standard of living. While surviving loved ones might be inclined to procrastinate in pursuing a legal claim, the civil litigation process is subject to complex procedural requirements and strict timing requirements. Our Boca Raton wrongful death attorneys protect the interests of our clients while taking on insurance companies seeking to deny damage claims or minimize any recovery.

Elements in a Wrongful Death Suit in Boca Raton

There are many types of negligent and intentional conduct that can cause fatal injuries. Our Boca Raton personal injury lawyers have been representing accidental death victims and their surviving family members for fifteen (15) years. We have the legal acumen and experience to handle wrongful death claims arising from incidents involving fatigued truckers, drunk drivers, negligent medical providers, or others who fail to exercise reasonable care to avoid causing fatal injuries to another person. Our law firm has recovered millions of dollars for families in wrongful death lawsuits during which we have received many accolades, including the following:

  • Highest “Preeminent” Rating by Martindale-Hubbell
  • Inclusion in Superlawyers® and Best Lawyers in America®
  • Perfect 5-star ratings from dozens of former clients on legal portals and other major websites like Google, Yahoo, and AVVO
  • Highest Rating from AVVO of 10.0
  • Designated as a “Superb” law firm by AVVO

Boca Raton Wrongful Death Lawyers

Filing A Wrongful Death Lawsuit in Boca Raton

Under the Florida Wrongful Death Act, there are two categories of plaintiffs that can commence a wrongful death lawsuit. These two classes of claimants represent different types of claims. The estate has a claim for the damages suffered by the decedent, a personal representative of the estate on behalf of the beneficiaries of the estate. The types of damages that can be recovered by the estate include:

  • Decedent’s lost earnings
  • Loss of net accumulations
  • Medical bills
  • Funeral and burial expenses

The damages of the estate represent what will be passed to a family member through a will, trust or the law of intestate succession if the decedent has no estate planning instrument. Damages recoverable for the estate essentially compensate the deceased’s beneficiaries for losses to the decedent’s estate, including the economic damages the plaintiff could have recovered in a personal injury lawsuit (had the decedent survived) plus memorial and burial expenses.

Survivors of Wrongful Death Victims in Boca Raton

The second category of plaintiffs who can recover damages in a wrongful death lawsuit in Boca Raton referred to as “survivors.” Damages that are available to survivors tend to constitute the most substantial amount of the recovery in a wrongful death lawsuit. Survivors who might be entitled to bring a claim for damages include the following:

  • Spouse of the decedent
  • Children of the decedent (children under the age of 25 are entitled to a larger amount)
  • The parents of the decedent
  • Blood relatives which include adoptive sisters and brothers at least partially financially dependent on the decedent

While a plaintiff can be entitled to recover both as a beneficiary of the estate and a survivor, the types and amount of compensation available to survivors are usually much more significant than damages recoverable by the decedent’s estate. Survivor benefits essentially compensate the designated family members for their personal losses suffered because of the death of a loved one. The categories of damages that might be sought by survivors include:

  • Mental pain and suffering
  • Lost protection and support
  • Lost services and support
  • Child’s loss of guidance, instruction, and companionship
  • Medical bills, funeral costs, and burial expenses (if paid by a survivor)

Process of Dealing With A Boca Raton Wrongful Death Attorney

At the Shiner Law Group, we recognize the untimely death of a cherished loved is the ultimate tragedy that a family can face. When a fatality occurs because of the negligent or intentional conduct of others, the death is always untimely regardless of the age of the individual who passes away. While our Boca Raton wrongful death lawyers cannot give you back the love of a spouse, parent, child, or sibling, we can help families overcome the financial burdens that accompany the extreme grief of a lost loved one. We have compassion for families because we know the last task you ever wanted to undertake was to retain a wrongful death lawyer. Although we cannot give you back your family member, we can pursue justice for your loved one, assist you in reclaiming your financial security, and prevent the wrongdoer from harming others in the future. Our law firm balances the scales of justice for surviving family members in the following ways:

Investigating the Claim: Whether the death of your loved one is the result of a tractor-trailer accident, nursing home neglect, defective product, or medical malpractice, our law firm conducts a thorough investigation of the facts involving our client’s wrongful death claim. Our attorneys investigate claims based on experience garnered representing wrongful death victims during our fifteen (15) years helping families who have had loved ones taken from them.

Dealing with Insurance Companies: Whether you’re injured in an auto collision, semi-truck accident, motorcycle accident, dog bite, or many other types of incidents, the responsible parties’ insurance companies will usually defend the lawsuit. Insurance companies use an array of strategies to undermine legitimate claims. Since a family that loses a breadwinner might face dire cashflow hardships, the insurance company knows that delaying resolution of the claim can create financial pressure for plaintiffs to settle for less than the actual value of their claim. Alternatively, the insurance company might attempt to obtain information from plaintiffs in a wrongful death lawsuit that will provide a defense to liability or reduce the potential recovery. Our law firm conducts all negotiations while handling litigation of the claim, so we shield our clients from insurance company practices and sharp tactics that might compromise a legitimate claim.

Using a Network of Experts: Expert testimony often plays a crucial role in the outcome of wrongful death litigation. For example, a security expert might testify about past crime patterns and offer a professional opinion about the level and type of security that would be appropriate given past crime patterns. If the decedent was the victim of medical negligence, our law firm will have to work with a medical expert to establish the appropriate standard of care and provide an expert opinion about how the medical professional deviated from appropriate medical protocols. Our law firm has handled hundreds of cases involving accidents and intentional injuries, so we have established relationships with highly regarded experts in many areas of knowledge.

Engaging in Effective Client Communication: The number one complaint clients have about attorneys involves a lack of communication regarding their case. Our Boca Raton wrongful death attorneys recognize the importance of keeping our clients updated regarding significant developments in their case, as well as returning telephone calls and emails promptly. Our law firm has a standard practice of responding to client communications the same business day or the next business day where reasonably feasible. We understand that the families of injury victims are dealing with intense grief and loss, and prompt communications can reduce the stress and anxiety associated with our clients’ financial hardships.

Estimating the Value of a Claim: The process of valuing wrongful death claims involves analyzing subjective factors, such as mental pain and suffering, as well as the loss of companionship, instruction, and guidance of a parent. Our law firm handles hundreds of personal injury and wrongful death claims, so we can draw on prior cases and research jury verdicts and settlements in reasonably comparable cases. When calculating more sophisticated elements of economic damages like future lost income reduced to present value, we might enlist the services of an economic expert who has proven effective in the past.

Determining the Appropriate Defendants: While the party to name as a defendant might be obvious if rear-ended at a stop light by another vehicle, the issue of selecting the proper defendants is more complicated in many lawsuits. Alternatively, a distracted driver or another negligent party might be uninsured or underinsured, which makes it important to evaluate the liability of other parties. Third parties that might also share liability for wrongful death arising out of a motor vehicle collision might include vehicle and component manufacturers, vehicle owners, driver’s employers, and even the victim’s uninsured motorist/underinsured motorist (UM/UIM) carrier. Our accident attorneys analyze crashes carefully to identify all potential defendants while using the discovery process to uncover all potential sources of insurance coverage to pay a settlement or judgment.



When to Seek a Wrongful Death Lawyer in Boca Raton

The categories of wrongful death claims, as well as the individual scenarios that can result in a premature death, are numerous. If you are the surviving family member or beneficiary of the estate of a decedent, you need to be aware that you can gain an advantage by hiring a law firm with a proven track record in wrongful death claims. West Palm Beach wrongful death attorneys must have a thorough knowledge of the Florida wrongful death statute. They also must be thoroughly familiar with the law governing the underlying incident causing injury whether traffic accident laws, premises liability, medical malpractice, product liability, or another area of law. Some of the more common types of wrongful death lawsuits we handle include:

Process of Filing a Boca Raton Wrongful Death Lawsuit

Much of the process involved in a wrongful death lawsuit happens outside the courtroom. Both sides of a wrongful death lawsuit file extensive written argument-based submitted before any trial. These documents must be meticulously researched and skillfully drafted regarding many critical issues. The effectiveness of these documents can determine whether your lawsuit is dismissed or significantly weakened. Because most cases are resolved through a negotiated settlement before trial, a family member in wrongful death cases benefits from understanding the pre-trial process in wrongful death civil lawsuits.

The wrongful death claims process tends to be a long and somewhat daunting ordeal. Although the lawsuit might settle in a year or two, the process can take longer during which your wrongful death lawyer must draft important documents, identify and interview witnesses, and gather and analyze evidence.

Stage 1 Pre-Trial Investigation and Research: When you first retain our law firm, our attorneys initiate an investigation of the facts. This process might include interviewing family members or others who knew the decedent regarding information related to liability and damages. Our legal team frequently works with experts like physicians as a required precursor to filing a medical malpractice lawsuit or an accident reconstructionist to analyze fatal traffic accident cases. If the defendant(s) have insurance coverage, our attorneys will inform the insurance carrier that we represent the estate and survivors and obtain a copy of the policy. Because no two policies are the same, we also carefully review and study the terms of the policies we obtain to analyze coverage issues.

Stage 2 Conducting Legal Research: The question of coverage under a policy can turn on the way prior court decisions have interpreted a single word, phrase, or clause. In some cases, courts may be split on their interpretation making it essential to conduct extensive legal research and detailed analysis. Review of an extensive body of case law might be required at various times throughout litigation process regarding legal issues that impact the outcome of your case. While Florida has a wrongful death statute, this is only the starting place for legal research regarding the relevant law. Judges decide many cases that interpret statutes and affect the meaning and application of the provision. These opinions can be seen in lengthy volumes of books. The process of analyzing these cases entails extensive legal training and experience. Many of these decisions can be up to fifty pages. While the average plaintiff in a wrongful death case might not realize the enormous amount of legal research involved in successful litigation of a wrongful death claim, our law firm frequently prevails because we excel at conducting legal research and building compelling factual and legal arguments.

Stage 3 Pre-Lawsuit Negotiations with Insurance Companies: After our lawyers have confirmed that you have a reasonably viable lawsuit, we assemble a demand package for the insurance carrier(s) to determine coverage. This damage packet commences the negotiation process with the insurance company. This process sometimes lead to an early settlement if liability in the case is relatively clear, such as when a vehicle runs a red light and T-bones another driver with a green light who obeys the speed limit.

Stage 4 Commencement of Wrongful Death Lawsuit: If the case is not settled in the pre-suit phase, our law firm will file a “complaint” with the court that officially commences your lawsuit. The lawsuit should be filed before the statute of limitations runs (expires). Complaints need to be filed within the statute of limitations, the case usually will be barred completely regardless of the merits of the claim. The statute of limitations is strict and unforgiving deadlines. While the wrongful death statute of limitations is two (2) years from the date of death in Florida, legal advice should be obtained promptly. Determining the statute of limitations can be complicated because of exclusions, exceptions, and limits. Once the complaint’s filed, the defendant will have a specified period to file an “answer” or a “motion to dismiss.”

Stage 5 Discovery Process: While television shows often depict the courtroom as a place where the parties suddenly unveil “gotcha” evidence, both sides usually are aware of the lion’s share of evidence and witnesses that will testify long before the trial. This discovery process allows each side to narrow the issues and obtain relevant information from the other side. Our law firm effectively uses the discovery process because it can have a dramatic impact on the outcome of a wrongful death claim. Some of the discovery tools we use include:

  • Requests for Admission: This form of discovery involves written requests that the opposing party admit or deny certain facts. Use of this discovery device can reduce litigation costs by narrowing the factual and legal issues.
  • Interrogatories: When using this form of discovery, you ask written questions to obtain relevant information, as well as to learn about the legal contentions of the opposing parties.
  • Depositions: This process involves asking questions of the opposing party or other witnesses under oath in the presence of a court reporter.
  • Requests for Production of Documents: Our lawyers use this discovery device to obtain documents relevant to the claim, such as insurance policies, documents involving safety violations, maintenance records, and more.

How A Boca Raton Wrongful Death Attorney Can Help

The discovery process will often involve many objections to requests and questions that might require the filing of motions to compel to obtain an appropriate response. These motions can carry a vast array of sanctions depending on the nature of the discovery violations.

Handling Motions for Summary Judgment: Defendants in many wrongful death lawsuits will file a “motion for summary judgment”. These motions request that the court make a decisive determination on a particular issue or even the entire case. The legal and factual issues along with the legal grounds and standard for granting summary judgment are extremely complicated, so extensive legal training and experience are required to successfully prevail in litigating a motion for summary judgment.

Trial Preparation: If the lawsuit withstands summary judgment, the settlement value of the case increases because of the unpredictable outcome of the case when left to a jury. The parties will both engage extensive trial preparation, involving both exhaustive legal and factual research. As the trial date approaches, the parties typically will file “motions in limine.” These motions address the issue of whether certain evidence should be admissible at trial.

While we have attempted to answer many questions about wrongful death lawsuits, there is an expansive scope of complicating factors beyond the scope of this discussion. For example, there are special requirements regarding who can obtain compensation in a wrongful death action. Complex family relationships like adopted children, stepchildren, divorced parents, remarriage, illegitimate children, intent to divorce, and common law marriages are just a sample of the many issues that can affect the intricacy of obtaining a successful outcome in a wrongful death lawsuit.

Speak with a Boca Raton Wrongful Death Lawyer Today

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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FEATURED ATTORNEY



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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