If you have sustained serious injuries due to another person’s negligence or carelessness, then you need to speak to a lawyer. At Englander Peebles, we fully know that a slip and fall accident can be serious. Injuries from a slip and fall do more than just upsetting a victim’s life, some injuries are life-threatening, and others are forever. A Palm City slip and fall accident lawyer can help you pursue all compensation you are rightfully owed. Florida Law gives a victim of a property owner’s negligence the right to recover compensation.
Why us? Well, at Englander Peebles, we do not get paid unless we win you the case. We offer exceptional communication (constantly get updates about your case), personal attention, and aggressive representation.
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What Are the Most Common Slip and Fall Accidents?
Slip and fall accidents can occur anywhere in Palm City (commercial, residential, and even government properties). It does not matter the location, you have to take a hard look and check to see if the property owner’s negligence caused the accident. If the property owner was negligent, you may hold the property owner liable for your injuries.
Below are a few common causes of injuries:
- Slick or wet surfaces like floors, staircases, or sidewalks
- Uncleaned spills in hospitals, stores, nursing homes, etc.
- Brocken staircases or malfunctioning escalators. This includes missing handrails
- Unlit hallways or walkways
- Improper maintenance or structural defects such as maintenance that resulted in uneven steps, potholes, cracked sidewalks, broken floor tiles, torn carpeting, etc.
- Weather-related conditions like ice or snow the owner failed to shovel or have salted
- Failure to place warning signs or restricting access to hazardous areas or conditions
How Can a Palm City Slip and Fall Accident Lawyer Help Me?
The functions of a lawyer are many, especially when it comes to slip and fall accident compensation claims. Remember, these cases are not easy or straightforward. With their experience and knowledge of the law, a lawyer will help you in the following ways:
- Offer legal advice on the best action to take
- Guide you through the whole case
- Help you build a strong case through collecting evidence, consulting expert witnesses, etc.
- Representation in court
- Help negotiate with the other party for a favorable settlement
- Ensure you get the maximum compensation amount possible
To know more about this, speak to us today. We offer free non-obligational initial consultation services, where you can ask any question you may have.
What Steps Can I Take to Help a Slip and Fall Case?
You can be your best advocate. What does this mean? It simply means that the steps you take can help boost your case. As such, if you ever find yourself in a slip and fall accident, it is wise to take the following actions:
- Take any relevant photo of the incident at that time.
- Report the matter to the manager.
- Collect the names and contact details of the witnesses.
- Seek immediate medical attention.
- If possible, ensure the problem has been addressed immediately.
How Can a Slip and Fall Accident Be Proven?
For a lawyer to prove a slip and fall accident, the following must be proven:
- The property owner had a duty of care
- The property owner breached that duty of care
- The breach of duty of care is what caused the slip and fall accident and the injuries
- You suffered damages, for example, medical bills, because of the accident.
For the lawyer to prove these elements of negligence, they must show:
- The property owner knew about a dangerous condition or should have known about it if they were adequately taking care of the property.
- The property owner failed to correct the dangerous condition or properly warn visitors.
It is important to note that the duty element will be based on a victim’s status as a visitor at the time of the accident.
How Is Liability Determined in a Palm City, Florida Slip and Fall Case?
When it comes to personal injury cases Florida follows a comparative negligence rule. What does this mean? Well, it means that the person you are trying to hold responsible for your injuries may deflect some or all the fault on you and claim you are actually to blame for the accident. If you are proven to share some amount of fault for your injuries, then this will affect the compensation you can receive.
In fact, Florida follows a Pure Comparative Negligence Rule in such cases. This means victims can recover compensation even if they are judged to be more than 50 percent at fault. But the damages recovered will be reduced according to the victim’s assigned percentage fault.
For this reason, in the process of filing a slip and fall accident claim, you will be asked questions such as:
- Did you have a good reason to be on the property at the time of the accident?
- Would any reasonable person have noticed the hazardous condition if they were in the same situation and avoided the dangerous condition? The goal of this question is to determine if the victim was distracted at the time.
- Did the property owner provide any warning of the dangerous condition that lead to the accident?
- Was the victim or injured person engaged in any other activity that contributed to the accident?
How Much Is My Slip and Fall Case Worth?
The truth is that every slip and fall case is different, with different forms of injuries, and even the worth is different. For this reason, determining the exact value of your case is difficult without speaking to an experienced lawyer.
Contact our premises liability lawyers in Palm City to know the true worth of your compensation claim. Nevertheless, compensation in Florida is awarded based on the damages and injuries a person has suffered. For this reason, damaged are categorized under:
These are losses that have a specific amount and can be calculated. It covers the present and future expenses, lost income, medical bills, and others.
These are losses that are subjective and cannot be calculated. It covers losses like disfigurement, pain, suffering, emotional anguish, and more.
Sometimes a victim may be awarded punitive damage. This is a type of compensation that is awarded by the court to a person as a way to punish the offender. It is important to note that there is no way to know the amount you may be given; and, it is subject to many factors.
Is There a Time Limit for Filing a Slip and Fall Lawsuit?
Just like any state in America, Florida has a time limit to file a personal injury case. This time limit is known as the Statute of Limitations. It is a time frame that a person has to file a lawsuit in a civil court against a business or person that they may be legally at fault for your injuries.
According to Florida’s Statute of Limitations for personal injury cases, a person has only 4 years starting from the date of the accident to file a lawsuit in Florida’s Civil Courts. This is a law that is found at Florida Statutes Annotated Section 95.11-3. If you fail to file a lawsuit within this window, then the courts will refuse or cancel your claims.
Although the law allows for some exceptions like failing to note that you have suffered during the initial accident and only to discover later. Other exceptions could affect the applicable deadline, like when the offender is out of the state if the case involves a minor, and others.
If you are filing a lawsuit against any government organization, both state or local, you will have to abide by strict rules, including having a shorter time filing a lawsuit (6 months).
It is wise to note that the statute of limitation applies to most forms of personal injury cases like slip and fall accidents, but not all of them. Like many states, there are specific statutes of limitations for injuries resulting from medical malpractice.
Speak to a slip and fall accident lawyer in Palm City immediately to know more about your case and the time limit you have to file a lawsuit.
Get In Touch With Our Palm City Slip and Fall Accident Lawyers
At Englander Peebles, we understand a slip and fall accident can lead to serious injuries, and this is why we are committed and use all our resources to ensure our clients have received the compensation they are rightfully owed. We do not only have the experience to back up our claims but also, work on a contingency basis. This means that we do not get paid unless we win you the compensation.
Furthermore, we do not request an upfront amount or out-of-pocket payment. Speak to us today to learn your legal options and the best way to tackle your claim.