Were you recently injured in a slip and fall accident in Wellington, Florida? Our experienced Wellington slip and fall lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (561) 777-7700 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Wellington law offices to discuss the legal options that might be available to you following your slip and fall accident. The next steps are very important. Let Shiner Law Group help you with your slip and fall injury case today.
Were You Injured In A Slip and Fall Accident In Wellington?
The rich history of Wellington dating from the Flying Cow Ranch makes the city one of the most serene environments in Florida. Wellington has experienced explosive growth in its population, creating an international center that earns testimony to its powerful appeal. The village offers many recreational opportunities for residents and tourists thanks to the high number of lakes and ponds dominating the town. With all the activities going on, it is no surprise that slip, trip, and fall accidents are among the most common incidents in Wellington.
Fall and Slip attorneys in Wellington have been fighting for victims who suffer injuries on individual, government, and business properties. Cases surrounding falls challenge factual and legal issues due to the notion that falls are accidental and do not result in serious injuries. At Shiner Law Group, we have specialized in slip and fall cases in South Florida for over 15 years, gaining the experience and regulatory framework that governs these cases.
Understanding Wellington Slip and Fall Injuries
The Centre for Disease control identifies adults above 65 at risk of sustaining severe injuries following a slip and fall accident. The leading cause of falls among senior citizens includes poor footwear, poor vision, poor lighting, broken and uneven steps, and foot pain. Slip and fall incidents are considered in the event of wet or slippery floors that cause a fall in the absence of warning barriers. A slip will propel your body backwards, and the velocity of your movement will injure your spine, neck, head, or hip.
While most falls among all age groups tend to be accidental, property owners owe a duty of care to invitees on their properties. Serious falls can happen anywhere in almost any setting due to varying factors, including;
- Defective sidewalks
- Loose floorboards
- Broken steppe
- Recently mopped floors without signage
- Missing or loose stair railings
- Wet and uneven floors
- Potholes in parking lots and parks.
What To Do After A Wellington Slip and Fall Accident
If you or your family member is involved in a slip and fall accident in Wellington, any action you take thereafter will determine the outcome of your claim. Wellington slip and fall lawyers suggest the following action plan:
- Seek medical attention: your health is the first priority after a fall. The complete physical evaluation consisting of blood tests, diagnostic scanning, and administered treatment will provide valuable evidence regarding the nature and extent of injuries sustained. All bills and invoices should be documented to assist in quantifying the medical expenses. In the event, there are injuries, schedule follow-up appointments after the treatment and document the healing progress.
- Report the Accident: Notify the property owner where the accident occurred. Regardless of the location, the property owner or manager will need to compile an accident report with the victim confirming that all information is correct and backed up by documents, including pictures of broken steps, slippery floors, and inadequate lighting that contributed to the fall. Preserve the clothes and shoes you wore at the time of the accident in their post-fall conditions.
- Identify Witnesses: Collect contact details of several witnesses present at the time of the accident. It is advised to collect the information before leaving the scene since it is challenging to track witnesses thereafter.
- Contact your Wellington slip and fall lawyer: Your attorney will conduct prompt investigations to gather and preserve vital information and evidence that will prove negligence on the property owner. Our attorneys are experienced in slip and fall cases in Wellington. They will schedule a free consultation and guide you through seeking medical care while reviewing medical reports and developing a compelling legal suit based on the severity and nature of the injuries sustained. Among the services that your slip and fall attorney will provide include
- Investigating the accident: due to the complexity of slip and fall cases, your attorney should be able to act immediately on the investigation to preserve physical and visual evidence of the accident. Normally, property owners will often fix the condition that led to a fall immediately after an accident.
- Negotiating with insurance carriers: experienced attorneys know the laid-out procedures that will allow you to get compensation. Insurance companies take advantage of victims without legal representation by denying them compensation or underpaying.
- Legal representation in Court: While not many slip and fall injury cases go to trial, there is a possibility of trial when the parties do not agree or when insurance companies fail to provide fair compensation. In the event of such a case, an attorney will represent you in court.
- A duty of care was owed to the plaintiff by the property manager, who had provided an invitation. The duty of care was for the property manager to provide a reasonably safe area.
- Reasonable care: there was the absence of reasonable care towards the maintenance of the property where the accident occurred. Reasonable care is determined by the court based on the circumstances of each case.
- Due to lack of reasonable care, an accident occurs.
- Damages were acquired as a result of the accident.
- Economic damages
- Non-Economic Damages
- Punitive damages
Do not share any information about the accident on social media. Furthermore, do not engage in any conversations pertaining to the accident with the defendant’s attorney or insurance company, as this will affect the damages awarded.
Proving Fault In Slip and Fall Accidents in Wellington
In slip and fall incidents, the burden of proof rests upon the property owner. Under Florida’s statutes, property owners owe a duty of care to those invited to their property. Eligibility for compensation depends on the status of the individual as to whether they were licensee, trespassers or invitees at the time of the accident. The injured party will need to provide proof that
Duty of care:
Statutes Governing Wellington Slip and Fall Accidents
Various statutes apply to Wellington when it comes to keeping properties safe and secure and eliminating any circumstances that would trigger a slip and fall. These include:
Statute 768.10: Property owners should not leave pits and holes open.
Statute 768.0425 (1): Applies to damages for actions against contractors for injuries sustained from negligence and malfeasance.
Statute 768.0425 (1): Premise liability for transitory foreign substances: If a person slips and falls on a transitory foreign substance, they must prove that the establishment had actual or constructive knowledge of the existence of the substance and action should have been taken to remove it.
Since slip and fall cases are often difficult to prove, the pure Comparative Negligence Rule is often applied to determine who was at fault. Under the rule, if the victim was partly responsible for the accident, the court will assign a percentage of blame to each party, which affects the restitution awarded.
Damages Awarded in a Wellington Slip and Fall Case
Slip and fall accidents may result in result in fractured bones, full/partial paralysis, soft tissue injuries, brain trauma, and skull fractures. Some injuries may not be recognized without clinical examinations. A minor injury can eventually become fatal hence the need to seek medical attention even when you think it is necessary. In fatal cases, falls may result in the wrongful death of an individual. Victims can claim economic, non-economic, and punitive damages based on the severity of the case.
These are awarded as compensation for monetary losses resulting from injuries. Economic damages are awarded to cover loss of income (both current and future), medical expenses, loss of earning, and vocational rehabilitation costs.
They are awarded as compensation for unquantifiable consequences that may impact your life. They include emotional anguish, loss of enjoyment of activities, and aggravation of existing conditions.
These are exemplary damages awarded by the court if the defendant is found to be extremely negligent. They are meant to deter negligent activities in there. However, these are rare damages in the Wellington slip and fall case. While you are entitled to economic and non-economic damages, punitive damages are not an entitlement.
How Long Does A Wellington Slip and Fall Case Take?
The time length, and amount of restitution received will entirely depend on the actual circumstances of the case. A statute of limitations exists under Section 95.11 (3) (a) of Florida statutes, where you have a limit of 4 years from the time of the accident to file for your lawsuit. In the event a victim dies as a result of the accident, the victim’s estate will have two years from the time of the accident to file a legal suit.
How An Experienced Wellington Slip and Fall Attorney Can Help
Injuries and death from slip and fall accidents can be the result of negligence by property owners and managers whether your accident occurs in a grocery store, mall. Parking lot, or amusement parks in Wellington, it is advisable to seek the advice of a slip and fall attorney. Our experienced slip and fall lawyers at Shiner Law Group are ready to discuss your case and assist in receiving the compensation your rightly deserve. Contact us today at to speak with an attorney for a 100% free consultation.