You can slip, trip, fall, and get hurt just about anywhere in Florida. When you suffer a slip or trip and fall injury, the consequences can be severe. Fortunately, a premises liability lawyer can help you sue any at-fault parties that contributed to your accident and injury.
The Florida slip or trip and fall lawyers at Luhrsen Goldberg are skilled, trustworthy, compassionate, and tenacious legal advocates. As a women-founded and women-led law firm, we work diligently to help slip or trip and fall accident victims get the compensation that they deserve. To learn more, please get in touch with us.
Why Slip or Trip and Fall Accidents Happen
Research indicates that slips, trips and falls account for over 1 million hospital visits every year. You can suffer a slip or trip and fall accident and injury for many reasons, including:
There can be loose floorboards, damaged stairs, and other hazards where you work. It is your employer’s responsibility to address any hazards. If your employer chooses not to do so and you trip and fall, you can sue for damages.
Lack of Safety Training
With workplace safety training, you can learn about on-the-job dangers and do your part to avoid them. However, if your employer does not offer a work safety training program, you may have no idea about what dangers are present. In this scenario, you can inadvertently make a mistake that causes you or one of your coworkers to slip, fall, and suffer an injury.
Poor Weather Conditions
Heavy rain and other inclement weather conditions can impact walkways and sidewalks. A property owner must account for slick walkways and sidewalks. Otherwise, someone can trip and fall — and if this happens, the property owner is liable.
A property owner or business operator must illuminate their space. Failure to do so can make it difficult for someone to safely go from point A to point B. This can lead to slips and falls, along with injuries and fatalities.
You can do things like use a handrail when you walk up or down stairs or take other precautions to limit the risk of slips and falls. Regardless, you cannot control how someone else treats their property. If you get hurt in a slip and fall accident that occurs due to someone else’s negligence, partner with a slip and fall lawyer.
When to File a Slip and Fall Accident Lawsuit
There is a two-year statute of limitations for filing a personal injury lawsuit in Florida. This means you have up to two years from the date of your slip and fall accident and injury to sue any at-fault parties. If you decide not to submit a lawsuit during this window, you cannot do so at a later time.
In instances where a spouse, child, or parent dies in a trip and fall accident in Florida, you can submit a wrongful death claim. You have a maximum of two years from the date of your family member’s death to file this claim. With the help of a slip and fall accident attorney, you can present a compelling argument for damages in a wrongful death or personal injury lawsuit.
The Florida slip and fall attorneys at Luhrsen Goldberg understand the challenges that come with filing a lawsuit. Our lawyers can take a look at your case and help you determine if now is the right time to submit your claim. To get started, please reach out to us.
Who Is Liable for a Slip and Fall Accident and Injury
You may believe that you are responsible if you slip, fall, and get injured on someone else’s property. Yet, the property owner can be liable for your slip and fall accident and injury. This is due to the fact that the property owner is responsible for taking care of their space.
If you visit a mall, grocery store, or any other venue in Florida, it is reasonable to expect that the property is safe. In cases where a property owner does not commit the time, energy, and resources required to eliminate hazards, they create risks for guests and employees. Thus, you can go to a property and get hurt because the property owner was negligent — and hold the owner responsible for any harm you suffer.
Following a trip accident and injury, get medical attention. From here, meet with a slip and fall accident lawyer. Next, you can discuss your case with the lawyer, and they can help you determine if a property owner’s negligence contributed to your accident and injury.
How Fault Is Determined If You Slip and Fall on Someone Else’s Property
To get compensation as part of a slip and fall injury lawsuit, you must be able to prove that a property owner was negligent. This requires you to show the following are true:
- A property owner was responsible for their premises and any hazards that led to your accident and injury.
- A property owner knew about, or should have known about, any premise hazards that were present but did not address them.
Slip and fall accident lawyers take each case seriously. If you suffer a catastrophic personal injury or any others due to a property owner’s negligence, your attorney may be able to help you get fair compensation. To do so, your attorney will build a compelling argument designed to show a judge or jury why you deserve the most money possible.
How Much Money You Can Get in a Florida Slip and Fall Accident Lawsuit
In most personal injury and wrongful death cases in Florida, there is no cap on the damages that you can request. This means you can ask for any amount of money from anyone responsible for your injury and accident. Of course, you still need to prepare an argument that explains why you should be awarded the damages that you are requesting.
Your Florida slip and fall injury lawyer may recommend that you seek tens of thousands of dollars in compensation. If you are dealing with a traumatic brain injury (TBI) or any other injury that will impact you long into the future, your attorney may encourage you to request hundreds of thousands of dollars. Your lawyer will help you pursue both economic and non-economic damages, too.
Types of Damages That You Can Get in a Slip and Fall Injury and Accident Lawsuit
Generally, you can get economic and non-economic damages due to a slip and fall injury and accident. Slip and fall accident attorneys can teach you about both types of compensation. They can go over the costs of your accident and injury with you and make sure that you request an appropriate amount of money.
Economic damages are awarded based on medical bills, lost wages, and other quantifiable losses. Comparatively, you can receive non-economic damages based on pain, suffering, and other subjective losses. In rare instances, a judge or jury awards punitive damages, which are given out to deter an at-fault party from future acts of negligence.
Slip and fall injury lawyers help their clients establish realistic expectations for their lawsuits. Your attorney can answer frequently asked questions about trip and fall injury, accident claims, and other legal topics. They will make sure that you know what to expect at each stage of your litigation.
How Long It Takes to Resolve a Slip and Fall Injury Case
It can take months or years before your case is resolved. After your lawsuit is filed, you and your attorney can work together to craft your argument. You and your lawyer can gather and review evidence that supports your request for damages.
Evidence can include photos and videos of the location where your trip and fall injury and accident occurred, copies of your medical records, details about your medical history, and pay stubs from the time you were unable to work. Along with these, you can get witness statements. If a witness saw your accident happen, they can testify on your behalf as well.
You and your lawyer can build a body of evidence that serves you well if your case goes to trial. At this point, your attorney can share your argument and use evidence to highlight the reasons why a judge or jury should award compensation. If you have a wealth of evidence at your disposal, the defendant in your case may be inclined to offer a settlement.
What to Do If You Get a Slip and Fall Injury and Accident Settlement Offer
There is no need to rush to settle your claim. If the defendant in your case offers a settlement, your Florida slip and fall injury attorney will notify you about it. Florida slip and fall injury attorneys are transparent about settlement proposals and all that they entail. Your attorney can answer any questions you have about a settlement offer. They will not decide on an offer for you but will explain what can happen if you accept, reject, or counter a proposal.
You should not accept a settlement proposal that falls short of what you want. If you believe the costs of your fall accident and injury exceed the amount of money that a defendant offers in a settlement, you can decline the proposal. Then, you and your attorney can continue to focus on strengthening your case.
How Comparative Fault Applies to a Slip and Fall Accident and Injury Case
You and your lawyer can go to trial and present your case to a judge or jury. In the best-case scenario, a judge or jury will understand how you suffered your injury. This will lead the judge or jury to award you 100% of the damages that you originally requested.
Florida has a comparative negligence statute in place that can prevent you from getting the damages you want. Based on this statute, you can only be awarded compensation in a personal injury case if you are not primarily responsible for your injury. If a judge or jury finds that you are more than 50% responsible for your injury, you will not be awarded any damages.
The comparative negligence statute also means that you can be awarded partial damages based on your percentage of fault. For example, you can request $10,000 in a slip injury and accident lawsuit, and a judge or jury finds you to be 20% responsible for your injury and accident. If this occurs, you will receive $8,000 in compensation.
How to Find the Right Lawyer to Represent You in Your Slip and Fall Injury Lawsuit
Lawyers often have a bad reputation, despite the fact that many attorneys go above and beyond the call of duty for their clients. If you know how to search for an attorney to represent you in your trip and fall accident case, you can find one who acts in your best interests. Most importantly, you can hire a lawyer who protects your legal rights and does everything they can to help you get compensation.
When you look for a slip and fall accident lawyer in Florida, consider an attorney’s experience. Ideally, you can identify a law firm that has attorneys on staff who know the ins and outs of Florida’s premise liability laws. These attorneys can teach you about these laws and make sure that your lawsuit is filed in accordance with them.
It also helps to schedule a date and time to meet with an attorney. The meeting offers a learning opportunity for both you and a lawyer. You can provide the lawyer with information about your accident and injury, and the attorney can explain how they can help you win or settle your case.
Hire a Florida Slip and Fall Accident Attorney
At Luhrsen Goldberg, we have an outstanding track record in personal injury cases. We have more than four decades of experience in slip and fall cases and other personal injury lawsuits. Please contact us today to request a free case evaluation.