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Learn How an Accident Lawyer in Dania Beach Can Help You!

Sep 30, 2021

Are you currently enduring the consequences of a personal injury accident in Dania Beach or the South Florida area? These incidents cause a huge amount of pain and grief to those affected individuals. Nonetheless, in this article, we will provide you helpful information to positively confront the aftermath of these accidents.

Furthermore, personal injury accidents often negatively affect a person’s peace of mind. For example, after suffering an accident, victims often feel unsafe outside of their homes. In addition, people may develop post-traumatic stress disorder.

Unfortunately, these incidents create more than physical and emotional issues. Usually, serious injuries force individuals to stay in bed while they recuperate their health. Even more so, a grand majority of accident victims are forced to stay in a hospital while treated with lengthy procedures.

As a result, accident victims will have no other choice other than to miss workdays, thus negatively affecting their pockets. It is important to mention that if people do not have a proper insurer, they will have to pay exorbitant bills for their medical care.

If you sustain severe injuries, you may be having a hard time trying to work and perform your favorite activities. you may be wondering what must be done. First of all, it is important to realize that the initial incident could have been avoided in the first place. In the vast majority of cases, personal injury accidents are caused by someone else’s lack of responsibility. This means that it is crucial to identify who was the culprit of the accident.

Individuals are expected to act in a responsible manner when engaging in any activity. This obligation is known as a duty of care. When people act carelessly and inflict harm on others, they will be held liable for their victims’ damages.

So, what’s next? You’ve now learned that the at-fault party must be held accountable. So, as a victim, you are entitled to receive monetary compensation for those damages. This award will help you cover your financial losses and alleviate your suffering.

However, seeking compensation on your own can turn out to be very tricky. You see, accident victims are not often aware of how much money they can receive from their pain and suffering. In addition, insurance companies may intend to lure people into accepting incorrect amounts of compensation if they are not effectively represented.

We understand that you may be distraught and confused at this point. Nonetheless, there is a solution for all of these issues and it starts by hiring an accident lawyer in Dania Beach. These highly skilled professionals prove fault, defend your rights, make sure you are correctly compensated.

What Are The Personal Injury Accidents in Florida?

Car accidents: According to the Florida Highway Safety and Motor Vehicles, there were over 2 million reported motor vehicle accidents in Florida just last year. Automobile crashes can be tragic and lead to severe bodily damage. Common car accident injuries are known to be brain damage, fractures, loss of limbs, paralysis, and death.

In order to prevent a fatal car crash, the State of Florida has imposed a set of speed limits. The current limits are:

70 mph on interstate highways,
65 mph on four-lane divided roadways in rural areas,
60 mph on most state highways.

Florida is one of a dozen states that follows a no-fault car insurance system. This means that after an automobile accident, regardless of who caused it, your own insurance will cover the medical bills and other qualifying losses.

Slip and falls are labeled as accidents where individuals trip and fall on someone else’s premises due to a dangerous condition. According to the National Floor Safety Institute, slip and fall accidents are the leading cause of worker’s compensation claims. Moreover, these incidents are the leading cause of occupational injury for people aged 55 years and older.

Slip and falls are categorized as premises liability claims. Establishment owners must keep their properties free of any potential hazards. Some examples of these factors include the non-usage of warning signs, floor debris, wet floors, and broken tiles.

In order to receive compensation for their damages, slip and fall victims must prove at least one of the following requirements:

The establishment owner knew about the existence of the hazard but did not eliminate or repair it.
The establishment owner enabled the dangerous condition.
For such a length of time, the hazard had existed that it should have been repaired or eliminated in due course.

Medical malpractice occurs when a hospital, doctor, or other healthcare professional, by an act of omission, inflicts harm to a patient. The injury may be the result of errors in diagnosis, treatment, or health management. In Florida, medical malpractice claims must be filed:

Within two years of the discovery of the injury or,

Within four years from when the accident occurred.

The statutes of the State of Florida authorize different caps on damages in these claims. For example, the state authorizes a $500,000 cap on non-economic damages. However, if victims die or result in a vegetative state, their families may receive a $1,000,000 cap for non-economic damages.

In this state, victims must serve notice of sue on the healthcare professional or hospital before filing a lawsuit in court. These documents must include an affidavit that states that the victim has a valid medical malpractice lawsuit. An affidavit is a sworn statement in writing made especially under oath or affirmation.

Nursing home abuse occurs when long-term care facilities’ employees mistreat and injure their patients. Victims can start a legal action against their caregivers in the event of a violation of their rights.
If these violations lead to the death of a resident, the family can file a wrongful death claim. Furthermore, they must prove that the facility breached its duty of care to the patient.
Nursing home abuse victims can also sue these facilities for failing to comply with the following guidelines:

Keeping the premises free of hazards,
Negligent hiring,
improper supervision on patients,
Poor safety protocols.

How Should I File A Personal Injury Lawsuit?

We shall resume it in three quick steps:

First and foremost, you must contact a Broward county personal injury attorney. As you undergo treatment for your car accident injuries, make sure to keep receipts and pending bills. Keep a record of all medical records, police reports, and documentation concerning lost wages due to the accident.

Right after, you will have to notify your insurance company of the accident. It is important that you let them know how the personal injury accident occurred, who you believe was at fault, and the seriousness of your damages.

In turn, they will create a case number and notify you of your policy’s coverage. If specific medical treatments are not covered by your policy, it is even more crucial to be assisted by a Florida accident injury attorney.

Lastly, your Fort Lauderdale accident lawyer will handle the at-fault’s insurance company and provide them with an official complaint. In this process, if the insurance company doesn’t accept the original demand letter, your compensation attorney would need to file a complaint in the Florida court system.

The complaint will outline all the evidence within the demand letter and ask the court system for a judgement. However, rest assured that litigation is rare and a settlement should be reached before going to trial. If it does get to that point, however, most juries tend to rule in favor of personal injury victims.

What Are The Advantages of a South Florida Accident Attorney?

Dania beach personal injury lawyers have worked on dozens of cases similar to yours. In consequence, they will make sure that your claim complies with every state law.

One of the most stressful parts of the case is attending meetings with the other party while being injured. To avoid that unnecessary stress, these legal experts can represent you in these meetings while you focus on recovering.

Broward County accident attorneys offer free consultations. During these sessions, you can ask them any questions you have concerning your personal injury case. Having their point of view will be a great benefit as they can advise you on what solutions will ensure that you are correctly compensated.

Injury law firms can also point you towards private investigators to seek evidence in your favor.

Allow Us To Represent You At Once!

At the Law offices of Scott J. Senft, you will find the best accident lawyer in Dania Beach. Our injury attorneys have recovered millions for our clients. As a victim, you deserve justice and we are here to deliver it! Call us right now at 561 376 8073 to arrange your free consultation with us!

Your Pain & Suffering Will Be Compensated. Let Us Help You

Sep 25, 2021

Personal injury compensation is a must when somebody else’s recklessness results in your physical injuries, mental anguish, and financial losses. As an accident victim, you have every right to seek solutions that can alleviate the aftermath of your accident.

It is imperative that you be legally represented at all times while you set sail in search of an owed compensation.

With that in mind, at the Law Offices of Scott J. Senft, we want to inform you that without the help of one of our Fort. Lauderdale personal injury attorneys it will be very difficult for you to attain the monetary settlement that you deserve. This is because there are 3rd parties involved that will try their best to undermine and invalidate your rights as an accident victim.
Rest assured, that as one of the top injury law firms in Florida, we will repeal any of these unfair tactics that are against your interests. So, please continue to join us as we talk about the specifics of injury compensation in South Florida and how our South Florida accident law firm will deliver you the results you need.

What Exactly Is Personal Injury Compensation?

For starters in a personal injury case, an accident victim is entitled to compensation from the accountable party. The legal term for this compensation derives from “damages.” However, the number of damages could actually be agreed to by all parties involved if the at-fault party accepts the demand of the victim.

This, of course, would be a smooth transition into justice. However, this isn’t always the case and the route to compensation does become more complicated. In these situations, the at-fault’s insurance company will try their best to force their interests above yours. You see, these firms will not only protect their clients but also their pocketbooks.

Are There Different Types of Compensation?

There sure is! Now that we’ve established that compensation is classified into “damages” you may be surprised to know that yours may lead to a fair settlement amount.

Damages can be divided into two different groups: compensatory damages and punitive damages. The former is intended to compensate a person for any losses tied with their physical injuries. The latter is rarer and is intended to hold the responsible party.

Nonetheless, compensatory damages are the most commonly pursued personal injury claims. Even more so, this type of compensation has even more specifics.

What Can Qualify as Personal Injury Compensation?

One of the most important components of a personal injury case is figuring out what qualifies as compensatory damage. By identifying them, your personal injury case will become more robust and straightforward. Let’s review some of these qualifications:

Medical expenses,

Lost income,

Physical pain & suffering,

Emotional distress,

Out of pocket costs.

These damages undoubtedly decrease the accident victim’s quality of life in a drastic manner. With an expert injury lawyer on your side, these unfortunate losses will be quickly restored and your peace of mind will be restored.

What Are The Benefits of A Florida Accident Attorney?

One of the most important things to note is that our legal experts have closed hundreds of cases similar to yours already. This is a crucial skill set that is absolutely priceless for your situation. Have in mind, that experience is not bought but earned through hard work and dedication. Nonetheless, let’s review some more detailed advantages of our accident injury law firm.

Constructing a proper case – Our accident attorneys will gather all of the necessary evidence and witness statements from the accident scene. This will strengthen your accident injury claim.

Adding value to your claim – At the Law Offices of Scott J. Senft, we’ll make sure to analyze all the aspects regarding your lifestyle that have been negatively affected by the injury accident. By doing so, your injuries will have a specific value that will be reflected in your eventual compensation.

Proper guidance – As we’ve mentioned before, these incidents are traumatic events that affect your or your loved ones in a drastic manner. For that reason, our competent attorneys will provide you with objective decision-making in a time where emotional damage can impede you from making proper choices. This is a valuable asset because a calculated legal process will lead you to a reasonable settlement.

Representation Guarantees Compensation!

We are grateful for the time spent reading our article! From all of us at the Law Offices of Scott J. Senft, we hope that you now feel more prepared to seek personal injury compensation in South Florida.

We want to remind you that at our law firm, we will dedicate all of our forces to ensure that you receive the compensation you deserve. We will protect your rights, represent your injuries, and make sure that you attain the justice you seek. Call us now at 561-376-8073.

How An Accident Attorney Can Help With Defective Product Injury Case?

Sep 14, 2021

Suffering injuries due to a defective product can be one of the most horrendous situations in our lifetime. If a defective product has caused your bodily damage, this article is for you! These types of accidents occur when a product malfunctions and fails to meet the consumer’s expectations.

Defective products can cause several types of injuries. They can cause abrasions, burns, and fractures. As a result, depending on the severity of your injuries, you may be required to miss workdays while you recover. As you can see, defective product cases lead to significant burdens that will undoubtedly decrease your quality of life.

We are here to tell you that someone must be held liable for your damages. There are different types of defective product liability. For this reason, manufacturers, distributors, suppliers, and retailers could be responsible for all of your damages.

Manufacturers and distributors have a duty of care in making sure that their products are safe to use and that they are sold in perfect condition. However, if any of these parties breached their duty of care, they will be held responsible for your injuries and must compensate you.

In addition, you must know that these parties may not make it easy for you when seeking compensation. It’s important to hire a personal injury lawyer for your defective product injury case in Florida to help you deal with those undermining schemes.

These trained professionals can help you get compensated and bring many other benefits. Throughout our article, we will discuss the legal standard of these claims in Florida, different types of product liability, and the advantages of hiring an accident attorney.

The Basics of Defective Product Liability

Product liability refers to a manufacturer, distributor, retailer, or seller being held liable for placing a defective product into the hands of a consumer. In other words, culpability may be attributed to the sellers of the product that are in the distribution chain.Equal to any other personal injury case, defective product liability claims are ruled by state laws. These cases are brought under the theories of negligence, strict liability, or breach of warranty.

Strict Product Liability: This refers to a situation where a victim has the right to bring a lawsuit based on a grave injury caused by a defective product. In a strict product liability action, victims are not required to prove that the manufacturers or sellers were negligent. In other words, the accident victim can sue those responsible within the distribution chain.

Breach of Warranty: In Florida, the victim must be in privity of contract with the seller of the product if they are seeking compensation for breach of warranty.

What Are The Principle Defective Product Liability Laws in Florida?

Statute of Limitations: This is a mandate that sets the maximum amount of time that victims have to file their lawsuit. In Florida, personal injury accident victims must file their claim within four years of the accident.

Comparative Negligence Rule: This law determines the contribution of each party to you can recover damages even if you were partially at fault. Nevertheless, your award will be reduced according to your percentage of fault. Ultimately, this percentage is decided after conducting an extensive investigation of the facts

What Are Varieties of Defective Product Liability?

These claims often fall into three categories. So, let’s take a closer look at them

Defectively Manufactured Products: A defectively manufactured product is flawed at the time of its creation. If there was an error when it was created, it could easily become a hazard to anybody who uses it. Some examples of defective products include:

A swing set with a cracked chain,
A cell phone with a short circuit,
A chair with a faulty leg piece.

Defectively Designed Products: In this category, a product’s original design is inherently hazardous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process. On the contrary, they are filed when the designer fails to envision the product in a safe manner. This also means that it is inherently dangerous, regardless if the designers state that their specifications were safe. Some examples include:

A sunscreen that fails to protect people from ultraviolet rays.
A line of electric blankets that ends up shocking consumers when turned on high.

Failure to Provide Adequate Warnings or Instructions: These claims involve a product that can pose a health risk. However, it becomes even more dangerous because the manufacturer fails to provide a warning sign or adequate instructions. The following are examples of these claims:

A cough syrup that is missing its warning label stating possible side effects.
A corrosive paint-removing chemical that is sold without proper instructions for safe handling and usage.

What Are Some Important Steps to Take After Being Injured by a Defective Product?

We understand that suffering an injury from a defective product is extremely overwhelming. However, you must try to remain calm and seek immediate medical attention. Your personal doctor will write a report, which will be valuable evidence for your claim.

In addition, if you suffered a work injury, make sure you report the accident to your supervisor and seek medical attention as well. It is recommended not to provide insurance companies a written or verbal statement of the incident without having spoken to an injury attorney beforehand.

Additionally, it is vital to compile the necessary evidence. If you are able to, take photographs of your injuries and the defective product that caused your bodily damage. Furthermore, annotate the brand name of the product that injured you, as well as the date and time of the accident.

If someone witnessed the incident, kindly ask for their contact information. Information like cell phone numbers and email addresses are important assets for your case down the road.

Furthermore, we suggest that you don’t post anything concerning your accident on social media. Insurance firms and the other party may take advantage of your anguish by using these statements against you.

Victim of a Negligent Individual? Hire a Dania Beach Accident Attorney

Sep 1, 2021

Dania Beach is known for its variety of beautiful parks, beaches, and many other touristic landmarks. However, personal injury accidents do occur in this city just like anywhere else in Florida. The truth is that these incidents can occur anywhere in a split second. Since these accidents are so unexpected, people may never be prepared to deal with the consequences of these unfortunate events.

Personal injury accidents can deteriorate your well-being. How exactly? Well, injuries can range from mild concussions to severe body trauma. In addition, serious accidents may lead to severe brain injuries, loss of limbs, and even death. Try to picture yourself trying to perform your daily duties while dealing with aggravating bodily pain. It sounds like a complete nightmare, right?

Unfortunately, personal injury accidents do cause financial burdens as well. Depending on the severity of your injuries, you may be forced to miss workdays. Furthermore, you will also have to take money out of your own pocket to pay for your medical bills. Even more so, everybody knows that medical attention is not cheap. So, if you do not have enough funds or a proper insurer, paying off these bills can become quite difficult.

So, before we move forward, we’d like to say that we empathize with you during these difficult times. You may be trying to figure out how to deal with all of your accident’s ramifications. Nevertheless, we are here to help you. As a victim, you are in your right to seek monetary compensation for all of your damages mainly because these accidents are often caused by someone else’s negligence.

Most personal injury accidents are provoked by people who breach their duty of care towards others. So, if individuals fail to act in a responsible manner while performing a specific activity and thus harm others, they will be held responsible for the victim’s injuries if their negligent acts are proven.

If you are considering pursuing compensation by yourself, we suggest that you refrain from doing so. In the vast majority of cases, the at-fault party will often refuse to compensate you or deny their fault. Additionally, you will have to deal with their insurers, who are all notorious for intending to lure victims into accepting unfair amounts of compensation.

In personal injury cases, it is mandatory to prove that the other party was responsible for the accident. You must also file a claim that details what exactly happened in the incident. These are the reasons why seeking compensation on your own can become extremely challenging.

Don’t panic though! There is someone who can help you obtain compensation and allow you to focus on recovering from your injuries. A Dania Beach accident attorney is a legal expert who can guide you throughout this entire process. Keep reading our article so that you can learn about the benefits of hiring these accident lawyers, common injury accidents, and specifics on personal injury claims in Florida.

The Most Common Personal Injury Accidents Seen in Dania Beach

Automobile accidents may be the most recurrent and tragic incidents in the whole world. Car accidents can cause severe head trauma, bone fractures, and even death.
According to the World Health Organization, the most common causes of car crashes are speeding, driving under the influence, and distracted driving. For instance, they state that every 1% increase in speed produces a 4% increase in the fatal crash risk.In order to prevent a fatal automobile accident, the State of Florida has imposed a set of speed limits. Some examples of these rules are 70 mphs on interstate highways, 65 mph on a four-lane divided highway in rural areas, and 60 mph on other state highways.

Slips and falls are labeled as incidents where pedestrians trip and fall on someone else’s premises due to a dangerous condition. Establishment owners must make sure their properties are free of any potential hazards that may cause a fall. Some examples of these dangerous conditions are slick floors, uneven tiles, snow, debris, and cracked sidewalks.To obtain compensation, slip and fall accident victims must prove at least one of the following requirements:

The establishment owner knew about the dangerous condition but did not eliminate it.
The establishment owner enabled the hazard.
The hazard has existed for such a length of time and therefore the establishment owner had ample time to get rid of it.

Dog bites can be extremely dangerous since they can lead to severe infections. In Florida, dog owners will be held liable for the victim’s injuries regardless of the pet’s former viciousness or their prior lack of knowledge of such aggressiveness.
Under Florida statutes, a dog owner can be held at-fault for injuries if it is proven that the dog bite occurred in both public space or private property. However, for liability to take place in private property, it must be proven that the victim was not trespassing inside the property at the time of the attack.

An incidence of medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted rules of practice in the medical community and injures the victim.Florida statutes authorize different caps on damages in medical malpractice lawsuits. In addition, they authorize a $500,000 cap for noneconomic damages. However, Florida can grant a $1,000,000 cap for noneconomic damages if the victim died or resulted in a vegetative state.

Personal Injury Laws in Florida

Florida’s No-Fault Car Insurance System: The no-fault car insurance system states that if you were involved in an automobile accident, you must file your claim under your policy. In addition, your insurer pays the financial bills and other financial losses of anyone involved in the crash regardless of who caused the accident.

Statute of Limitations: This is the time limit that individuals have to file their claims. In the State of Florida, personal injury accident victims must file their lawsuit within four years from the date of the incident. If they fail to file it within that time frame, the court may certainly rule their case as invalid.

Comparative Negligence Rule: This mandate establishes the contribution of each party to the accident. Florida follows a “pure comparative negligence system”. This means that victims can recover damages even if they were partially responsible for the accident. However, their compensation will be reduced according to their percentage of fault. For instance, if you were 10% liable, a $100,000 award will be $90,000.

Stages of Filing a Personal Injury Claim

Filing the Complaint: This is a document where victims fill out and detail how the accident was caused, point out the parties involved, and mention the injuries that they suffered from the accident.

Discovery: During the discovery stage accident victims must prove that it was gross negligence that caused the accident. Things like medical reports and eyewitness testimonies can definitely corroborate their allegations.On the other hand, the accused party could try to dispute the ongoing claims. In order to do so, the accused can request a document that “states” their negation of the proof available against them.

Settling The Case: Personal injury accident cases are often settled without a trial. During this stage, victims and their injury attorneys negotiate with the other party. However, as we mentioned before, insurers may intend to undermine victims’ claims and that is why it is important to be well presented.

The Trial: If reaching a settlement with the other party and their insurers has been impossible, your injury lawyer can force a trial to make sure that you receive compensation.

This Is Why You Need to Hire a Dania Beach Accident Attorney

Accident lawyers are experts in state laws. This means that they will make sure your injury claim complies with every mandate imposed by the State of Florida.

The majority of personal injury attorneys work on contingency fees. These fees are a percentage of the victim’s recovered damages. If your case is not settled, their services will not cost you a single penny.

As we mentioned before, proving fault is vital in personal injury cases. That is why accident lawyers work alongside private investigators who can seek the necessary evidence for your claim.

Injury attorneys can negotiate with insurance companies on your behalf. These firms usually take advantage of victims’ lack of knowledge regarding the scope of their rights as well as the settlement they should receive. Nonetheless, these personal injury lawyers will ensure that you receive fair compensation for all of your damages.

As we mentioned before, personal injury accidents lead to severe financial damages. In the majority of these cases, injury accident lawyers can offer you a free consultation. In this session, you can ask the injury attorney any questions that you have in mind. Furthermore, they can give you their point of view of the case and provide you with helpful tips regarding your claim.

We Are The Law Offices of Scott J. Senft

This article was brought to you by the law offices of Scott J. Senft. At our law firm, you will find the best Dania Beach accident attorney available. For over 25 years, Scott and his team have recovered millions of dollars for their clients. If you want to arrange a free consultation or hire one of our injury lawyers, call us right now at 954-927-3326!

Filing a Slip & Fall Injury Claim Is Easier With Our Accident Attorney

Aug 30, 2021

Have you recently been the victim of a slip and fall in Florida? Suffering these incidents may be one of the most tormenting situations to be in. These accidents can cause you more trouble than you think. Slip and falls can unleash severe bodily pain, emotional anguish, and severe financial repercussions.

Injuries resulting from a slip and fall can range from mild concussions to severe body trauma. Serious injuries such as tears in soft tissues and bone fractures will undoubtedly prevent you from taking care of your family and working in your profession. Furthermore, these ailments may force you to require invasive medical procedures in order to recuperate from your injuries. Afterwards though, you will have to assume the responsibility of paying exorbitant medical bills.

Equal to any other personal injury accident, slip and falls can be very difficult to confront because of their degree of unexpectedness. Depending on the situation, all Individuals possess a duty of care for others especially in the course of personal injury accidents. That is why it is usual to expect others to act responsibly.

Picture yourself on someone else’s property and suddenly falling due to an impending hazardous condition. In that instance, you’ll automatically understand that the accident was not your fault and that you’ve become a victim of negligence.

Having said that, the party at fault needs to be held liable for your damages. You should know that slip and fall accidents are encompassed by the theory of negligence. This means that by law, the party at fault must provide the victim with a fair set of compensation for their physical, emotional, and financial burdens.

As a victim, you are entitled to receive reparation for all of your damages. However, attaining compensation on your own can turn out to be extremely complex. Why? Because the other party will also have their say.

In addition, insurance companies often undermine victims’ claims. As a result, they may approach individuals with low offers of coverage when they are entitled to receive way more compensation. It is also important to mention that in personal injury claims, it is mandatory to prove that the opposing party caused the accident.

As you see, slip and fall cases are not an easy task to deal with. Nonetheless, we are here to tell you that there is a solution available. You can hire an accident lawyer in Florida. These legal experts have the ability to guide you through your entire process of achieving compensation. They will also assist you in filing your slip and fall injury claim as well.

We invite you to keep reading our article so that you can learn the advantages of hiring a slip and fall lawyer, the legal standards of these accidents in Florida, and what to do after suffering one.

Legal Basics of Slip and Fall Accidents in Florida

Slip and fall is a legal term that refers to the action of where an individual trips and falls on private or public property. Despite these two things, personal injury law states that property owners must keep their areas free of any potential hazards. Some examples of dangerous conditions are:

Floor debris,

Wet floors,

Broken tiles,

Cracked sidewalks,

Objects on stairways,

Torn carpeting.

How to Prove Liability in a Slip and Fall Case in Florida

Slip and fall injury claims fall under the category of premises liability. This is an area of law that holds property owners legally responsible for accidents and injuries that occur on their property due to unsafe conditions. These claims are governed by state law and ensure that they are adhered to. Slip and fall cases can occur in both residential and public property. As a result, the process of proving fault can vary depending on the type of property.

In Public Spaces: Supermarkets, retail stores, and restaurants are some of the most common establishments where these accidents happen. In these crowded spaces, the likelihood of spilling liquids or other hazards can be quite high. If this occurs, the property owner or business manager could be found liable for any injuries. In order to prove culpability, slip and fall victims must demonstrate that:

The establishment owner or employees were the cause of the dangerous condition that led to the slip.

The establishment owner or employees knew about the existence of the potential hazard but did not take the proper steps to improve, repair, and warn customers about the dangerous condition.

The establishment owner or employees should have known about the dangerous condition since a reasonable property caretaker would have removed it.

In Private Spaces: If you have been the victim of a slip and fall accident on private property, it is required to prove that you were lawfully on this space. The establishment owner or landlord will not be held financially liable for your injuries if you were a trespasser. Furthermore, it is imperative to prove that the homeowner caused or knew about the dangerous condition but decided not to repair it as well.

Steps to Take After Suffering a Slip and Fall Accident

Report The Accident: Whether the accident occurred on commercial or private property, it is crucial to report it to the property owner.
Request Immediate Medical Attention: Regardless of the severity of your injuries, it is important to call 911 and request medical assistance. If not, make sure to see medical attention in the first 2 weeks of the accident.
Seek Evidence of The Accident: If there were any witnesses, make sure you request their full name and phone number. If you are able to, take photographs of the cause of the accident, establishment name, and your injuries.
Keep a Case File: Save all documents related to the case. These can serve as medical bills, records of other accident-related expenses, correspondence with insurers, any records about missed work days resulting in missed income, and medical or police reports. Furthermore, you should annotate what you were intending to do when the accident happened. For example, buying groceries, clothes, or consuming food.

How to File a Slip and Fall Injury Claim

The Summons Complaint: The Complaint is a document where you explain to the court how the accident occurred. In addition, you will be required to detail who the parties are, who may have caused the incident, and the amount of compensation that you are seeking. The summons is another legal form that must be delivered to the party allegedly at fault. They must respond to the victim’s complaint within a specific amount of time.

Response of the Part At-Fault: The other party must file an answer, which is a document where they accept or deny your allegations. Filing the answer often sets forth the “affirmative defenses”. These are legal doctrines that if the sued party can prove that they apply on the case, it may decrease their liability or exonerate them from any charges.

The Discovery Phase: In this stage, the parties involved are interrogated in order to gather information of the slip and fall accident. Depending on the complexity of the case, this phase can last between three months to various years.

Pre-Trial Motions: A motion is an application to the court made by the parties involved where they request that the court make a decision on a certain issue before a trial. These are the most common motions:

Motion to Dismiss: This document is filed when a party believes that the court should void the case due to certain reasons. For instance, the complaint is legally invalid, the statute of limitations passed, or there is no significant evidence that proves that they caused the accident.

Motion to Compel: In this document, the parties involved ask the court to enforce a request for information that is relevant to the case. For example, the sued party can request the victim to show evidence proving that the slip and fall was provoked by the establishment’s employees or managers.

Mediation/Settlement Conference: Usually, parties intend to settle these cases without a trial. In a mediation conference, the parties settle the case on their own with a private mediator. However, in a settlement conference, the court will appoint the judge who will lead the meeting.

Benefits of a Slip and Fall Attorney in Florida

Slip and fall lawyers possess the needed expertise for your case since they have represented several individuals with cases similar to yours. Furthermore, they fully comprehend personal injury dynamics and state laws.

Several slip and fall attorneys work with different professionals. For example, they can point you towards private investigators that can gather evidence for your case and medical professionals who can treat your injuries.

As we mentioned before, insurers may not be so honest as they seem at first. These dishonesties can be countered by an injury attorney. They can properly calculate your compensation as well.

Most accident lawyers work on contingency fees. These are a percentage of the victim’s recovered damages. If your case is not settled, they will not cost you.

If reaching a settlement with the other party has not been possible, a slip and fall attorney can force a trial.

Hire The Best Florida Slip and Fall Lawyer Right Away!

This article was brought to you by the Law Offices of Scott J.Senft. Slip and fall accidents can turn your world upside down in a blink of an eye. That is why we are here to help you during these tough times. We can help you file your slip and fall injury claim so that you can get rightfully compensated. Call us right now at 954-927-3326!

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