Fort Lauderdale Premises Liability Lawyer
Compensation for Premises Liability
You can initiate a premises liability claim or lawsuit to obtain compensation for your injuries or losses. The compensation allows you to cope with the injury or reinstate your position before the accident.
Some of the damages you can receive in a premises liability claim include:
Medical Expenses
You’ll likely incur medical expenses after being injured in a premises liability accident. Medical expenses comprise a significant share of losses that injured victims suffer after an accident.
Medical expenses cover the following items:
- Medication
- Emergency room visits
- Ambulance charges
- Hospital stays
- Surgeries
- Physical therapy
Our premises liability lawyers can use medical records to prove the extent of your losses and support your compensation claim.
Lost Income
Suppose your injuries from a premises liability incident have caused you to miss work or have decreased your ability to earn a living. In that case, you may be entitled to compensation for lost income.
Lost income compensates you for current and future income that you would have earned if not for the incident.
Lost income consists of salary, tips, bonuses, commissions, paid vacation, overtime, and any other benefit you would have earned if the accident had not occurred.
Our premises liability lawyers can use bank statements, pay stubs, profit and loss statements, tax returns, or a letter from your employer to prove your claim.
Out-of-Pocket Expenses
In addition to medical expenses and lost income, you may be compensated for any out-of-pocket costs incurred due to the accident. These damages can cover expenses for medication, medical equipment, transportation to medical appointments, and home modifications to accommodate any disabilities.
Out-of-pocket expenses can disrupt your finances, so you should receive compensation for these losses.
Pain and Suffering
A serious injury causes more than just medical bills. It inflicts physical pain and emotional distress that can change your daily life. Under Florida law, you can demand compensation for this non-economic harm.
We work to build a compelling case for your pain and suffering by documenting:
The severity and expected duration of your physical pain.
The emotional anguish and psychological impacts, such as anxiety or PTSD.
How the injury has limited your ability to enjoy your hobbies and daily activities.
Because there is no price tag on suffering, we use established legal methods to calculate a fair value for this portion of your claim. We then build a powerful narrative using medical records, personal journals, and testimony from you, your family, and friends to fight for the full compensation you deserve.
Loss of Consortium
In cases where the injuries sustained in a premises liability incident have affected your relationships with loved ones, your spouse may recover compensation for loss of companionship, which Florida law calls loss of consortium.
Loss of companionship can include damage to spousal relationships, parental relationships, or relationships with other family members.
In a severe premises liability claim, especially one involving a wrongful death, loss of companionship compensates you for losing love, affection, comfort, intimacy, and shared life experiences you can no longer enjoy because of their death or condition.
Loss of Enjoyment of Life
If your injuries have limited your ability to participate in activities and hobbies you previously enjoyed, you may be compensated for losing the enjoyment of life. For instance, you may be entitled to compensation if a spinal cord injury prevents you from participating in golf, your favorite hobby.
It also applies to the loss of everyday life pleasures like socializing, playing with children, or simple self-care tips that are no longer possible or enjoyable. Our premises liability lawyers can prove these losses using the following sources of evidence:
Family and friends’ testimony- Medical records
- Photos and Videos
- Daily living assistance records
- Hobby or activity logs
- Employment records
Emotional Distress
Emotional distress damages are awarded to compensate victims for the psychological impact of a premises liability accident. For example, you may suffer emotional anguish if the events leading to the accident were traumatic.
A severe injury like a spinal cord injury can isolate you from friends, family, or community, leading to depression.
Emotional distress damages compensate you for anxiety, sleep disturbances, post-traumatic stress disorder (PTSD), and other emotional repercussions that result from the injuries sustained in the premises liability incident.
Permanent Disability/Disfigurement
In cases where the injuries sustained result in permanent disabilities or disfigurements, victims may be entitled to compensation for the long-term impact on their quality of life. These damages compensate you for physical limitations, scarring, and other permanent changes that affect the victim’s daily life.
Our premises liability attorneys will prove the impact of permanent disability or disfigurement on your life, including the loss of future earning capacity.
Punitive Damages
A judge or jury can award you punitive damages when the property owner’s actions were egregious or intentional. As the name suggests, a judge or jury may award you punitive damages to punish the defendant for gross negligence.
These damages also deter the negligent property owner and others from repeating the same action or inaction that contributed to the injury. Our premises liability lawyers will present a strong case before a jury to increase the chances of receiving punitive damages.
Where Do Premises Liability Accidents Occur in Fort Lauderdale
Although accidents can occur in any part of Fort Lauderdale, some zones present a greater risk to visitors and invitees.
Here are the areas where accidents are likely to occur:
- Parking Lots: With the bustling traffic in Fort Lauderdale, parking lots are frequent sites for slip and fall accidents. Cracked pavement, inadequate lighting, or lack of proper maintenance can lead to injuries on these premises.
- Retail Stores: Retail stores are another common location for premises liability accidents. Spilled liquids, poorly maintained floors, or cluttered aisles can pose hazards to shoppers, resulting in slips, trips, and falls.
- Restaurants and Bars: Dining establishments in Fort Lauderdale may face premises liability claims due to slippery floors, uneven surfaces, or inadequate safety measures. Patrons can suffer injuries from falls or other accidents on these premises.
- Amusement Parks: While parks offer recreational spaces for the community, they can also present risks for premises liability accidents. Poorly maintained playground equipment, slippery surfaces, or a lack of warning signs can lead to injuries for visitors of all ages.
If you sustain an injury in any of the following areas, our premises liability attorneys can investigate the cause of the accident and pursue compensation on your behalf.
Fort Lauderdale Premises Liability Attorney
Although many injured victims obtain compensation from the at-fault party’s insurer, some cope without support. Hiring a premises liability lawyer can enhance the chances of a positive outcome in your claim.
Our premises liability attorneys are highly experienced and knowledgeable in dealing with different types of premises liability claims, including:
Slip and Fall Accidents: These occur when a person slips or trips on a hazardous surface, such as wet floors, uneven pavement, or debris.- Negligent Security Incidents: Property owners must provide adequate security measures to prevent foreseeable crimes, such as assaults or robberies, on their premises.
- Swimming Pool Accidents: Property owners with swimming pools must maintain proper safety measures to prevent drowning or other accidents. Our premises liability lawyers can use video surveillance footage, eyewitness statements, and medical records to prove negligence by the property owner.
- Elevator and Escalator Accidents: Malfunctioning or poorly maintained elevators and escalators can cause serious injuries to individuals using them.
Our premises liability lawyers can also represent you if you sustain any of the following types of injuries:
- Head and brain injuries
- Neck injuries
- Spinal cord injuries
- Hip fractures
- Burn injuries
- Bone fractures
- Cuts
Our premises liability attorneys understand the impact of injuries on your life and will fight to ensure you’re fully compensated for your losses.
Fighting the Insurance Company
Many insurance adjusters work hard to minimize the financial liability of their employers. As an injured victim, you require the support of a legal professional to obtain the deserved compensation for your losses.
Our premises liability attorneys can support your claim in the following ways:
Establishing the Value of Your Damages
You are likely to accept a low settlement offer if you don’t understand the value of your losses.
Whether you have incurred medical expenses, lost income, or endured pain and suffering, our skilled premises liability attorneys will ensure to pursue compensation for all your losses.
They also understand all damages applicable to your case. Our premises liability attorneys will work tirelessly to gather evidence, assess the impact of the incident on your life, and quantify the compensation you deserve.
With the guidance of our premises liability lawyer, you can rest assured that your damages will be accurately assessed, allowing them to fight for a fair settlement value.
Negotiating With Insurers
You’re likely to leave money on the table if you negotiate with an insurer without the support of our premises liability lawyer. They will evaluate all offers compared to your losses and advise whether to accept, reject, or push for a higher settlement offer.
They will also use evidence and excellent negotiation skills to convince the insurer why you deserve a better deal.
Represent You in Court
If you can’t agree on a settlement with an insurer, our premises liability lawyers are ready to litigate the matter in court. They can also initiate a premises liability lawsuit if the insurer of the negligent property owner rejects your claim.
Our premises liability attorneys will gather and present evidence to support your case, cross-examine witnesses to uncover the truth, and argue persuasively. They will also handle the legal procedures, draft necessary documents, and negotiate with opposing counsel to secure your best possible outcome.
Adhere to Legal Timelines
All cases, including premises liability claims, must adhere to legal timelines. In Fort Lauderdale, Florida, the statute of limitations is two years from the date of injury.
Insurers can use your failure to adhere to the statute of limitations as part of their defense. You may also lose your right to compensation if you initiate a lawsuit beyond the two-year deadline. Our premises liability lawyers understand the applicable deadlines and will work to submit a timely claim.
Most importantly, our premises liability attorneys at Englander Peebles will also provide legal guidance so you can make proper decisions throughout the claim.
Questions About Fort Lauderdale Premises Liability Cases
What if the property owner claims I was at fault for my accident?
This is a very common defense tactic. Florida follows a modified comparative negligence rule. You can still recover damages if you are not more than 50% responsible for the incident. If you are found partially at fault, your compensation will decrease by your percentage of fault.
Do I have a case if I was trespassing when I was injured?
In most situations, property owners do not owe a duty of care to adult trespassers. However, there are important exceptions. An owner cannot create an intentional trap or willfully harm a trespasser.
Furthermore, owners have a special responsibility when a condition on their property is known to attract children (known as an attractive nuisance, like an unfenced swimming pool). If such a feature injures a child trespasser, the parents can hold the owner liable.
What is the difference between an “invitee” and a “licensee” in Florida?
The duty a property owner owes you depends on your status.
- An invitee is someone on the property for the owner’s monetary benefit, like a customer in a store. They are owed the highest duty of care; the owner must regularly inspect for, warn about, and fix hidden dangers.
- A licensee is a social guest, like a friend visiting your home. The owner must warn a licensee of known dangers but does not have a duty to inspect for unknown ones. This distinction can be critical in a case.
Should I give a recorded statement to the property owner’s insurance company?
No. Adjusters are trained to ask questions in a way that can get you to unintentionally hurt your own claim. They may try to get you to downplay your injuries or admit partial fault.
Politely decline and tell them your attorney will contact them.
Speak With a Fort Lauderdale Premises Liability Attorney Now
You’re likely to face emotional anguish, a lengthy treatment period, and an inability to work after being injured on someone else’s property. You, therefore, deserve compensation for injury-related losses.
The property owner’s insurer may reject your claim or make a low settlement offer, affecting your ability to recover from the injury. You can count on our premises liability lawyers at Englander Peebles to face the insurers on your behalf.
Our highly skilled Fort Lauderdale premises liability attorneys can use evidence to negotiate for a higher settlement value that matches your losses.
Contact us online or at (954) 500-4878 for a free case evaluation.
Englander Peebles – Fort Lauderdale Office
2122 W. Cypress Creek Road, Suite 206
Fort Lauderdale, FL 33309
P: 954-500-4878