Table of Contents
1. Were You Involved in a Slip and Fall Accident in Florida?
2. Common Types of Florida Slip and Fall Injuries
3. Liability for Slip and Fall Accidents in Florida
4. Hiring a Slip and Fall Attorney
5. Florida Slip and Fall Statistics
6. Florida Slip and Fall Accident FAQs
7. How a Slip and Fall Lawyer in Florida Can Help
8. How to Calculate the Amount of Your Slip and Fall Claim
9. Contacting a Florida Slip and Fall Attorney Near Me
Were You Involved in a Slip and Fall Accident in Florida?
Each day, many people fall victim to slip and fall accidents and need the assistance of a Florida slip and fall lawyer. Dangerous working conditions, wet floors, cracked sidewalks, and poor lighting are just a few things that may cause this type of incident. Workers who perform tasks on tall buildings or similar places are especially at risk. It is common for these people to fall from ladders, roofs, or elevated spaces and to become injured. These events can cause tremendous harm. If you have suffered from a slip and fall accident, it is essential to seek legal advice. If another party is to blame for your injuries, you may be able to receive compensation. It is not always easy to prove liability without legal help. At the Shiner Law Group, we will review your case and will work hard to bring you justice.
Common Types of Florida Slip and Fall Injuries
A slip and fall accident can occur at any time and at any location. You may be at work, at your neighbor’s house, at a public venue, or at home. These types of accidents can cause devastating injuries. If you slip and fall on someone else’s property, you may be able to receive compensation for your injuries. Here are some of the most common kinds of harm that results from these accidents.
- Broken Bones. According to the Centers for Disease Control and Prevention, over 95 percent of hip fractures result from slip and falls. Hip fractures can lead to other extreme health issues, including death. Other minor broken bones may hamper your abilities to complete everyday tasks, which may lead to loss of work and high levels of pain.
- Brain Trauma. If you fall, you likely may hit your head off of the ground. This can lead to a concussion or other brain injuries. This may be one of the most severe injuries linked to slip and fall cases.
- Back and Spinal Cord Injuries. One University of Florida study found that the most frequent result of a slip and fall incident is a back injury. Falling may cause great distress on your spinal cord. Depending on the severity of the accident, you may suffer paralysis. Bulging and herniating discs may result as well. Numerous surgeries may be necessary to repair the damage. This can be extremely costly and painful.
- Cuts and Bruises. If you fall and scrape your arms and legs on a rough surface, you are likely to end up with cuts and bruises, which may result in permanent scars. These are constant reminders of your accident.
- Other Pain and Suffering. Certain injuries from slip and fall accidents linger and can cause unexplained pain and suffering for a long time after the event. Depending on your situation, you may deal with issues that leave you in need of compensation for your distress.
- Wrongful Death. If a slip and fall caused the wrongful death of your loved one, you have a right to seek damages. Death from slip and fall accidents usually occur when a victim falls from a tall structure or suffers a catastrophic injury during the fall. You have a right to receive justice.
If you have been involved in this type of incident and have suffered one of these injuries, it is important to work with an experienced slip and fall attorney. This professional will assess your case and determine how much compensation you deserve.
Liability for Slip and Fall Accidents in Florida
When filing a claim against another party for a slip and fall injury, it is essential to prove liability. In general, a property owner owes other people a duty to use reasonable care to prevent injuries. The type of duty that property owners owe an individual depend on the person’s reasons for being on the property. In Florida, there are three classes of visitors.
- Invitee. This is an individual who is invited onto a property for business or a person who is using land for public use. For instance, this may be used to explain shoppers, business guests, or public park visitors.
- Licensees. You may either be an invited or uninvited licensee. An invited licensee is invited onto the property by the owner as a guest. An unwanted licensee is a person who is not invited, but he or she is there under reasonable circumstances. For example, a mail or delivery person is considered an unwanted licensee.
- Trespasser. This is an individual with no legal right to be on another person’s property.
A property owner owes invitees and invited licensees the highest duty of care. For these people, the state laws require a property owner to inspect his or her land and prevent dangers that are evident. A property owner owes an uninvited licensee a duty of care that is a bit less. There must be no willful injury toward the uninvited licensee. This means that a property owner cannot use traps or unleash vicious animals on the visitor. Under normal circumstances, a property owner owes no duty of care to a trespasser beyond the duty to refrain from willful injury.
Hiring a Slip and Fall Attorney
Slip and fall accidents can be quite serious. Even minor injuries can require recovery time. In severe cases, extensive rehabilitation is necessary. Permanent injuries cause lifelong problems. To make sure that you receive the compensation that you deserve, it is crucial to have a trusted attorney who specializes in these types of cases.
Due to gray areas, it can be very difficult to prove liability. To hold a landowner accountable, it is necessary to show that he or she knew or should have known that dangerous conditions existed on his or her property and failed to repair or warn of the potential hazards. Gathering evidence can prove challenging and can take a great deal of time. Also, insurance companies will try to settle for minimum amounts or place total blame on the victim. This means that you may find yourself without the compensation that you deserve to deal with your medical bills and suffering. It is essential to find an attorney who has been successful representing innocent victims of slip and fall accidents. When you have experience on your side, you will have less burdens, and you can concentrate on your recovery.
Florida Slip and Fall Statistics
- According to the Bureau of Labor Statistics, 22 percent of slip and fall accidents have caused employees to lose more than 31 days of work.
- The National Floor Safety Institute reports that slip and fall accidents account for approximately 8 million emergency room visits. Many times, these accidents are caused by another party’s negligence.
- In Florida, the state’s Department of Health explains that this type of accident is the leading cause of death in seniors.
- According to the American Truck Association, slip and falls lead the industry in compensable injuries.
- The CDC reports that the average cost of a slip and fall accident is $30,000. In America, slip and falls account for nearly $34 billion. This means that a number of individuals are forced to claim bankruptcy when insurance companies do not cover expenses.
Florida Slip and Fall Accident FAQs
Since slip and fall cases can be complex, it is important to become educated regarding these accidents. In order for you to understand some of the essential aspects and to help you make informed decisions, we want to answer some of the most common questions about slip and fall incidents.
How are slip and fall cases classified?
A slip and fall accident occurs when one person slips on another person’s property, and the incident occurred through the negligence of the property owner. “Slip” is a word that covers trip and similar means of falling. You do not have to slip on something for it to be considered a slip and fall case. Anything that makes you lose your balance, fall, and become injured is covered under this type of case.
What are the most common causes of slip and fall accidents in Florida?
There are quite a few cases of slip and fall accidents. Spills on restaurant or store floors that cause people to slip and fall are often at the root of these cases. Also, places with sidewalks that are not properly maintained are common sites and causes for trips and falls. In Florida, the weather is warm. This means that icy conditions are rarely a problem. However, people commonly slip and fall on water that has been left around pools or puddles from excessive rain.
What happens if I slip and fall at work?
Many times, an employee who gets hurt at work can take advantage of worker’s compensation. However, there may be grounds for a liability claim against the owner of the property where the accident happened or other negligent parties. This often comes into play if you are an independent contractor. This means that you are not a regular employee or entitled to coverage for your medical bills or lost wages. If you have been hurt from a slip and fall accident, it is wise to seek legal assistance as soon as possible.
How challenging will it be to gain compensation for slipping at a business?
Everything depends on your individual situation. Over the last 20 years, Florida has made changes regarding businesses and slip and fall accidents. Before, a person who fell only needed to prove that the business owner did not use reasonable care while maintaining his or her property. In 2010, Florida Statute 768.0755 was enacted and states that claimants must prove that the business owner had knowledge of the potential dangers that caused the accident or that the dangers were in place for a regular period of time. This means that an accident was foreseeable and that care should have been taken to prevent the problem. This has made the burden of proof much stricter.
Is it difficult to prove slip and fall cases?
Without legal assistance, it can be challenging to prove a slip and fall case. Even though a person may have slipped and was injured, the individual may not automatically be entitled to collect damages. A person must prove that another party had knowledge about potential slip hazards and did nothing to prevent the accident. It is essential to collect evidence. Many times, it is up to a jury to decide if the accused party is negligent.
How much time do I have to file a slip and fall lawsuit in Florida?
According to Florida Statute 95.11, there is a statute of limitations of four years in these types of cases. There is statute of limitations of two years for wrongful death lawsuits. Since certain evidence may be available for long periods of time, including eyewitness observations, physical evidence at the site, and surveillance video, it is essential to file a claim quickly and get to work so that you and your lawyer can form a successful case.
Can you sue your landlord over a slip and fall accident?
If you live in an apartment and become injured from a slip and fall accident, your landlord can be held responsible for negligence, especially if he or she knows that dangerous conditions exist and does nothing to repair them or to warn you about them. When you move into a new place, your landlord must inform you of any known defects or issues on the premises. If you were not informed about known problems, your landlord may be held liable for a slip and fall accident.
No two slip and fall cases are exactly the same. If you have specific questions about your accident, contact our team. We will be happy to review your case and to address your concerns.
How a Slip and Fall Lawyer in Florida Can Help
If you slip, fall, and become injured from dangerous conditions on someone’s property, you should consider contacting a slip and fall lawyer in Florida. At the Shiner Law Group, we successfully handle these types of cases and work with compassion to bring you justice. Whether you have slipped on a wet floor, tripped on a sidewalk, fell over wires on the ground, or slipped over other obstructions, you need to make sure that you receive proper care and compensation.
Although you may be embarrassed, many of these accidents cause terrible injuries and may be avoided by diligence of the property owner. After a slip and fall accident, you may require treatment, which makes you miss work and incur expensive medical bills. To make sure that you receive an adequate and fair settlement, our team of attorneys will examine your case, prove liability, and help you receive repayment for your losses.
How to Calculate the Amount of Your Slip and Fall Claim
It may not always be easy to calculate an exact amount of compensation in a slip and fall case. If you work with an experienced attorney, he or she will be able to estimate a fair settlement. The amount of your claim will be based on a few circumstances.
- Medical Bills. When calculating your claim, it is important to consider the cost of your present and future medical bills. This includes hospital and recovery expenses. If you have a long-term issue, you may need extensive therapy into the future.
- Pain and Suffering. There is no price tag that can be put on a person’s pain and suffering. This amount usually depends on the severity of your injuries. It is key to remember that certain injuries are not always visible immediately after an accident. It is important to get a thorough medical examination to rule out and document internal issues.
- Lost Work and Wages. In many instances, you will need time to recover from an extensive slip and fall accident. This means that you will lose income from lost time at work. After verifying the amount of money that you lost, it is possible to add this into your claim.
- Loss of Earning Capacity. If your injuries are severe and permanent, you may never be able to return to work. This affects both you and your entire family, especially if you are the main provider. Even if you are able to return to work, you may not be able to complete the same duties as before your accident. In this case, you may be able to recover compensation for loss of future earnings.
Contacting a Florida Slip and Fall Attorney Near Me
At the Shiner Law Group, we will guide you through the entire process of filing a slip and fall accident lawsuit and will represent you in court or will negotiate a fair settlement with the guilty party. We will work as your advocate so that no one takes advantage of you. We will do our best to make sure that the guilt party pays. To speak with a Shiner Law Group personal injury lawyer today, call our office at (855) 462-6878 or fill out our free case evaluation form.