MARGATE SLIP AND FALL LAWYERS
MARGATE SLIP AND FALL LAWYERS
Were You Injured In A Slip And Fall Accident In Margate?
Slip and fall accidents are one of the leading cause of injuries in Florida. People slip and fall in restaurants, stores, houses, and other locations. Any business or residential premises can be the site for a slip and fall accident.
If you get injured in a slip and fall accident, you can file a personal injury lawsuit in the state to get compensation for your injuries.
Margate Slip and Fall Injury Lawsuit Explained
Slip and fall injuries can occur at any location. A person can slip on a slippery surface and get injured. If the injury occurs in the property of another person, the victim can sue the property owner to get compensation for injuries.
Not all slip and fall accidents result in personal injury lawsuits. Only accidents that occur due to the negligence of another in keeping the premises safe lead to a lawsuit.
As per the Florida premises liability law, a property owner is required to ensure that a property is kept in a safe condition for the guests or customers. A property owner will be held liable for a slip and fall injury if he or she knew — or should have known — of the dangerous condition but took no action to fix the problem.
In legal terminology, a property owner who doesn’t do anything to fix a problem is said to have acted negligently. Negligence is the basis of all personal injury cases.
Margate Slip and Fall Accidents and Comparative Negligence
Comparative negligence rule applies to slip and fall accidents in Florida. The rule will determine how much compensation you can receive from the guilty party. According to the rule, the compensation amount is reduced according to the share of the blame.
Suppose the evidence shows that you are partly to be blamed for the accident. The jury will determine the percentage of the share in a slip and fall accident and reduce the compensation amount accordingly. Let’s suppose that a jury finds that the plaintiff is 20 percent responsible for an accident. If the damage amounts to $100,000, the plaintiff will receive $80,000 ($100,000 minus 20 percent that equals the share of the blame).
Establishing Liability in Slip and Fall Accidents
Establishing liability in slip and fall accidents in California is not easy. The injured person has to prove the following in the court to establish the defendant’s liability.
- The property owner had the duty of care to keep the premises safe
- The property owner did not take any reasonable action to keep the place safe
- The injury occurred due to unsafe conditions
Proving the above is difficult if you don’t get the help of Margate slip and fall lawyers. The experienced Margate slip and fall attorney will assess your case to decide if you have a strong case. The attorney will gather all the evidence surrounding the case and present the best case to prove the guilt of the property owner beyond any reasonable doubt.
Note that the liability in case of slip and fall accident is applicable to not just physical injuries but also psychological pain and property damage. The guilty party is liable to compensate the victim for the emotional pain and property damage due to slipping and falling on the premises.
Florida Slip and Fall Statute of Limitations
You need to contact Margate slip and fall lawyer soon after an accident. Florida statute of limitation puts a time limit during which you can file a personal injury lawsuit. You can file a case in the civil court any time within the prescribed time period. Missing the time limit will result in dismissal of the case.
The rules regarding the statute of limitation are stated in Florida Statutes section 95.11(3)(a). This law is applicable to all laws filed in the state’s civil court. Unless in rare circumstances, the time limit for filing a personal injury case is four years after the accident.
One exception to the limitation statute is when the extent of the injury is not known right after an accident. This can occur if the doctor fails to make an accurate diagnosis soon after the accident. In such a situation, the time period starts when the extent of the injury becomes known. You should talk to your Florida personal injury attorney to know about the statute of limitation regarding your case.
However, you should not wait to file a case just before the expiry of the statute of limitation. Even if you are confident of a successful slip and fall accident case, you need to file a court case within a few weeks after an accident.
What to Do After a Slip and Fall Accident in Margate?
Right after slip and fall accident, you need to get immediate medical help. Find a doctor soon after the accident so that your injuries can be assessed, documented, and treated. The medical record will be a vital piece of evidence that will prove invaluable when you file a slip and fall accident case.
You should also report the accident to the relevant authority. Report the incident to a property owner or manager and request a report of the incident. If that’s not possible, you should report the incident in the presence of at least two witnesses. This will serve as evidence that you had immediately reported the incident to the relevant authority.
Speak With A Margate Slip And Fall Attorney Today
Make sure that you record everything regarding the accident. Keep an online journal to record names, phone numbers, addresses, and names of the witnesses. You should also record the exact date and time of the accident, location, and circumstances surrounding the accident. Also, consider writing down the type of shoes and clothing you were wearing at the time of the accident. You may also want to save the clothing since they may serve as evidence in the trial.
Consider legal action by contacting an experienced Margate Slip and Fall Lawyer. Proving slip and fall can be difficult on your own. You need to find a professional Margate personal injury attorney for the slip and fall accident case. Getting the help of a professional will increase the chances of a maximum possible compensation amount that you deserve. Contact us today by calling (954) 999-9900 or filling out our free online case consultation.