Slip and falls fall into premises liability cases because the party at fault that owns the establishment must be held responsible. This means that the person responsible of the establishment will be held liable for any damages if proven that he had previously known about the dangerous condition prior to the accident happening.

Slip and falls are personal injury accidents that are infamous for their degree of surprise and lack of expectancy. In other words, an individual can suffer a very unsuspecting impact on the floor. The aftermath of these accidents will unfortunately leave you with an immense amount of physical and emotional trauma. 

Having said that, you will also, unfortunately, endure financial burdens such as medical bills and out-of-pocket costs that will arrive as you begin your recovery process. Due to these issues, it is more than normal to feel overwhelmed and even hopeless. 

However, we are here to inform you that there is an effective way to deal with these issues while also receiving rightful compensation for your injuries. To achieve this, you will need to seek the assistance of a slip and fall accident lawyer. 

He or she will guide you through your legal battles and will vehemently fight to protect your rights. Join us throughout this account so that you can learn more about the legal standards of slip and falls, and why it is crucial to hire an attorney when dealing with them. 

Legal Standard of a Trip and Fall in Florida

As we mentioned before, these types of personal injury accidents are deemed to be incidents caused by negligence. This is an incident that reflects a lack of responsibility and breach of duty from the owner of private property, place of business, or public establishment to all who were present. Be advised that liability can also be placed on the owner of a private residence. Just because it is not public property does not mean that it cannot be held responsible.

If the person who is injured happens to be an intruder, the owner will not be held liable. However, this does not allow anyone to intentionally place hazards as a form of “protection” from uninvited people.

Proving Culpability from Slip and Fall Injury in Florida

The most important task at hand when being a victim of slip and fall is to prove that your accident was caused by any of the hazardous conditions named in the sections above. Further details needed to prove fault are the following:

• The owner legitimately created or enabled the hazardous condition,

• The property owner knew that the dangerous condition already existed for an extended period of time but yet still chose to not fix the issue knowing that it would eventually cause harm to others.

Commercial Versus Residential Areas and Their Legal Implications

Be advised that slip and fall accidents have different consequences depending on the severity of the injuries and the property on which they happen.

Commercial liability will follow if the owner or any employee of a store or restaurant committed the following acts of negligence:

• Precipitated by a spill or any other slippery or dangerous surface or item to be available and possible to affect any unexpecting customers,

• Knew about an already present dangerous surface and chose to not do anything about it,

• Should have known that the hazardous condition on the surface of the establishment would have posed a threat. In comparison, a more responsible proprietor would have taken the time to inspect the property and remove debris or repair damages.

Residential liability will be initiated if landlords or homeowners allow for the following acts of negligence to take place at the time of the accident:

• The landlord or homeowner did, in fact, have the power and ability to fix the conditions that caused the slip and fall of the victim.

• Failing to immediately repair the dangerous condition, especially if it would have been not expensive to do so. 

• Poor decision making by neglecting the ongoing hazard.

The Value of Your Injuries and Qualification for Compensation

Your injury attorney will be able to add monetary value to your injuries via your deserved compensation. That is why we say that your injuries will not go in vain. Let’s review the qualifications: 

The amount of financial trouble caused by your accident: This would include medical bills such as hospital visits, treatment, physical therapy, recovery, and mental health therapy.

Loss of wages and income due to injury: A fair compensation will amend the difficulties caused by a loss of income and inability to work.

Compensation for disability: Instances when your injuries resulted in permanent disabilities impeding you from doing even the simplest of tasks. Such things include taking care of yourself, working, and communicating. 

Non-economic damages such as pain and suffering: These include mental trauma and the inability to have peace of mind due to the accident.

Legal Representation Achieves Eventual Compensation!

Your slip and fall attorney will deliver you the compensation you deserve on the basis of a couple of factors: 

• An attorney will be able to prove liability: In the initial stages of your claim, your lawyer will effectively provide evidence such as eyewitness accounts, photographs, and physical evidence of your injuries pertaining to the accident scene. By doing so, they will create a strong argument that portrays your injuries and highlights the owner’s negligence. 
• Add value to your claim: All injury lawyers possess effective strategies that will analyze the characteristics of both your physical and emotional injuries. This means that your interests and needs will be taken care of because their representation will be given within your claim. Your injuries will thus form part of the future monetary settlement. 
• Aid you from the insurance companies: Remember that insurance companies are businesses driven to protect their own interests, not yours. This is even more unfortunate when your own insurance tries to lessen your coverage. Fortunately, your attorney will have vast experience in dealing with cases identical to yours. They will know how to deal with their undermining strategies to ensure that your rights are protected. Whether these are coming from your own insurance or the party at-fault’s.
• Will represent you in court if need be: If your case goes to trial, your attorney will know exactly how to present your case to the jury with factual evidence. Oftentimes, if your lawyer threatens litigation before a hearing, the insurance companies will opt to treat you more respectfully. This with the purpose of avoiding going to court because juries and judges tend to rule in favor of the plaintiff. 

We are now quite confident that you are better educated on slip and fall accident injury law. Furthermore, we hope that you remember that the only way to correctly deal with this issue and receiving the compensation you deserve is by acquiring the services of a slip and fall accident attorney. Having said that, we are pleased to inform you about the services of the Law Offices of Scott J. Senft.

You see, Scott and his team are a set of trained legal professionals that will work day in and day out to ensure that your rights are protected at all times. Scott is truly empathetic to your own specific situation, one has total urgency and is in need of expediency. With locations in Dania Beach, Scott J. Senft is ready to represent you in your slip and fall case. Stop hesitating and call him right now!

Have you recently suffered an unfortunate slip and fall accident? These difficult events can cause you serious physical, emotional, and financial anguish. These accidents can be severely disastrous because incidents like these can occur anywhere and at any time.

Since slip and falls are unexpected accidents, nobody can be prepared to confront the consequences that arise in its incoming aftermath. As a result, dealing with these repercussions can be significantly demanding. Also, severe injuries can change your life completely because they may leave you with permanent disabilities and force you to miss work while you recover from your injuries.

Having said that, we know that there is nothing more annoying than enduring physical pain and at the same time assuming the responsibility of paying expensive medical bills. This issue can also affect your peace of mind and cause you more uncertainty. Therefore, it is important to take action as soon as possible.

It is important to mention that slip and fall accidents often result from someone else’s negligence. For that reason, it is crucial to identify what exactly caused the incident. By proving that the incident was indeed caused by someone else’s lack of responsibility, you will be entitled to receive fair compensation for all of your damages.

You should know though, that achieving compensation on your own will be very difficult. For that reason, you should seek guidance from attorneys in Florida. These trained professionals possess the necessary expertise to tackle any type of personal injury cases, especially slip and fall accidents in Florida.

We would like you to keep reading this detailed account because we will discuss the legal standard of slip and falls, how to deal with them, and the benefits of hiring qualified lawyers when confronting the complexities of your injury claim.

Definition of Slip and Fall Accidents and Their Legal Standard

Slip and falls are personal injury accidents in which an individual trips and falls on someone else’s property. These events are categorized as “premises liability” claims.

Slip and fall accidents usually occur in public spaces such as supermarkets, restaurants, and banks. Personal injury law declares that if there was a hazard in the property and the establishment owners were aware of it but decided not to eliminate it, they will be held liable for your damages.

Liability is defined as culpability after causing victims physical, emotional, and financial damages by an act of negligence.

Trespassing in Slip and Fall Accidents

A trespasser is an individual who enters another person’s property without invitation or consent from the property owners. In that case, landowners do not have the responsibility of maintaining their space safe and free of any hazards that may menace trespassers. However, that does not mean that property owners are allowed to intentionally cause harm to the general public.

Responsibility of The Establishment Owner

Owners of public spaces are legally responsible for the safety of their premises. This means that if there are any dangerous conditions, they must eliminate them or warn individuals about them. The following are examples of dangerous conditions that may be found in spaces:

• Torn carpeting,
• Poor lighting,
• Cracked sidewalks,
• Slick floors,
• Changes in floors and walls,
• Constructions,
• Broken roofs,
• Lack of warning signs,

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

Unless it is a case where there are clear intentions from the establishment owners to harm individuals, a slip and fall case will require the victim to prove that the incident was caused by negligence from the landlord. Negligence means that the defendant failed to act lawfully manner when the event occurred. 

For example, it is expected to see warning signs when floors are wet and slippery after being recently mopped. If this is not done and the individual slips on the wet floor and becomes injured, the store will be found liable for negligence. 

To determine that a property owner already had previous knowledge about the existence of the hazard, it must be proven that: 

• The owner of the premises contributed to the danger either on purpose or due to inaction. 

• The owner knew about the existence of the hazard and did not correct it.

Facts About Slip and Falls

• According to the National Floor Safety Institute, falls account for 40% of all nursing home admissions and are the sixth leading cause of death in people aged 70 or older. 

• According to the Consumer Product Safety Commission, cracked floors and flooring materials cause around 2 million fall injuries each year. 

• Slip and falls are the leading cause of missed worked days in the United States.

What to Do After Suffering a Slip and Fall Accident in Florida?

• Seek immediate medical attention: It is imperative to seek medical assistance regardless of the severity of your injuries. Sometimes, mild injuries can be tricky to pinpoint on your own because they can take time to fully develop. Apart from receiving treatment for your ailments, a doctor’s examination will be a valuable asset of evidence when you initiate your injury claim. It is important to follow your doctor’s orders for treatment. If you are not treated how you were supposed to, the other party may argue that you were hurt in the accident.

• Report the accident: To have a record of the incident, you must report it to the landlord or establishment owner. You should also ask them to write an accident report that provides details of the accident. This would include the date, the time, the cause of fall, and their contact information.

• Take photographs: When filing a claim, it is crucial to have photographs of your injuries, the exact area where the slip and fall accident occurred, the dangerous condition, and the establishment name or address.

• Keep a case file: Save all documents related to the case. These can be medical bills, records of other accident-related expenses, correspondence with insurance firms, any records about missed work days resulting in missed income, and medical or police reports. Additionally, you should annotate what you were intending to do when the accident occurred. For example, buying groceries, bank transactions, or eating.

• Do not blame anybody nor assume fault: Establishing fault in a trip and fall accident requires an investigation. For that reason, you must neither assign nor accept fault for the incident until the case has been truly reviewed by professionals. Furthermore, do not provide statements to the space owner’s insurance company until you have a lawyer on your side. Also, refrain from signing any documents from the establishment owner or insurance firm.

• Hire an attorney: A qualified slip and fall accident lawyer will provide you with the best representation throughout your legal case. These are the following benefits of hiring a lawyer for a slip and fall claim.

Advantages of Hiring a Lawyer for Your Slip and Fall Case in Florida

• Experience: Slip and fall accident attorneys possess the needed expertise for your case. They have represented several individuals with cases similar to yours as well. In addition, they can negotiate with insurance companies. Moreover, a qualified lawyer can guide you through the entire process. This means properly filling paperwork and understanding legal verbiage on documents.

• Achieving higher compensation: Calculating compensation with the help of an attorney will be a lot more accurate than doing it on your own. Lawyers will evaluate your injuries, missed income, and other factors in hopes of properly calculating the compensation you deserve. 

• Access to other services: A grand majority of lawyers work alongside different professionals. For example, they can point you towards private investigators who can gather evidence for your case and medical professionals that can treat your injuries. 

• Representation in court: If your case is brought to court, rest assured that attorneys will do anything that is in their power to seek compensation for you. Additionally, they can force a trial if you fail to reach a settlement with the other party. 

• Negotiating on your behalf: There is nothing more stressful than having to talk to insurance firms and attend meetings if you are injured. By hiring a lawyer, he/she will represent you while you recover from your injuries. 

Time to Contact an Attorney!

This information was brought to you by the Law Offices of Scott J. Senft. We hope that after reading this detailed account, you have learned that you need to hire a lawyer after suffering slip and fall accidents in Florida. Scott and his team have over 23 years of experience in handling personal injury accidents in our area. They will fight for your rights and make sure that you achieve the compensation that you are entitled to. So, go ahead and contact him right away!

Have you recently suffered a nasty slip and fall injury? We know you have and that is why you’re here. These are accidents that can leave people with a terrible case of emotional, physical, and financial distress. One of the biggest problems of these incidents is the element of surprise that comes with it. This means that whoever suffers the consequences of a slip and fall, doesn’t really see it happening the seconds before it does. There is no warning and this essence of surprise causes the impact to be more traumatic and painful.

The truth is that nobody can prepare us to endure the uneventful ramifications of these accidents. Above all, these injuries will require sufficient medical assistance to ensure that you are able to get back to an optimal set of health. However, just like anything else in life, medical care is not free. Not everybody enjoys the privilege of substantial health coverage and in order to get treated, victims resort to immediate treatment despite the costs. The problem, however, is when the medical bills begin to build up.

There is nothing more stressful than dealing with physical pain proceeding to see some skyrocketing medical bills. It will affect your state of mind and deeply worsen your financial crisis. It doesn’t have to be that way though, and we are sure that you want to know why. The reason for this is because a slip and fall accident is the epitome of negligent care from responsible parties. Slip and fall personal injuries occur in places where those have ownership of the residence or establishment. When a fall does occur, it means that a dangerous condition overlooked or ignored by the responsible party precipitated the victim’s accident.

As a result, the instant that you fall on the ground you will be automatically considered to be a victim of someone else’s negligence. Due to that, you are entitled to receive compensation for your injuries. That said compensation will cover things like your medical and any pain and suffering endured throughout the time of your accident and recovery period. As a victim, you are entitled to file an injury claim against the party at fault in order to receive an owed settlement. However, this legal venture is not one for the faint-hearted.

Truth be told that it is filled with complex legal issues that can only be overcome with the help of a slip and fall law firm in Florida. With this set of legal expertise, you will gain the upper hand when seeking the reparations you need. For that reason, we urge you to join us throughout this detailed account. We shall talk about what to do at the accident scene, how to file an injury claim, and how a Florida law firm can help you do it. Let’s get started!

What To Do At The Accident Scene

The first thing you will want to do at the accident scene is to immediately call for medical assistance. Even if you believe that your injuries are not serious it is vital to get checked up. Remember, your health is above everything else. From a legal standpoint, having a medical check-up of the incident under your belt is crucial when you begin to file your claim.

Oftentimes, people are not aware that if they do not seek medical attention in a maximum time frame of 14 days after the first day of the accident, they will not be eligible to receive compensation. Next up, gather your strength and demand that the owner of the establishment/residence fills out an accident report. This piece of paper will have your contact information and it is supposed to detail the events that led to your accident.

Once that is filled out, immediately turn your attention to the area where you suffered your trip and fall accident. You must examine the area carefully so that you can pinpoint exactly what caused your accident. When you identify it, proceed to take pictures of it and your injuries. These will contribute to evidence for your injury claim down the road. Most of the times the following hazardous cause slip and fall accidents:

• Wet and slippery floors, 
• Broken tiles, 
• Broken roofing, 
• Poor lighting, 
• Lack of warning signs, 
• Debris on the floor such as cables or trash.

Once you take photographs of any of the possible hazards, we believe that it is important to try to write down or record any eyewitness accounts that can factually corroborate your accident. Furthermore, if you believe that your suffering accident was triggered by a more than obvious force of negligence you can even call the police so that they can write a separate accident report. However, that is at your discretion.

How To Prove Fault in Florida?

Doing this is pretty straightforward but complex to do hence why you will need the help of a competent South Florida injury attorney. To gather liability your lawyer will have to prove that the owner of the residence or public establishment had indeed prior knowledge of the hazardous condition’s existence within the premises.

However, the fault relies on the fact that he or she decided to either not correct it, leave it as is, or failed to warn about it to unsuspecting customers or bystanders. If these are proven your owed settlement will be established.

How To File A Personal Injury Accident Claim With The Help Of A Lawyer

In your initial consultation with a slip and fall attorney, your questions will be answered. To begin, you will be informed that these lawyers operate on contingency fees. This means that if you decide to proceed with the injury claim, you will not be charged a single dime unless you actually win the case.

We believe that this is crucial because you will not have an added set of financial stress. Quite the contrary, you will be able to effectively recuperate from your injuries while your injury attorney works to protect your rights. Moving forward, your lawyer will design a legal map of what needs to be done in order to attain your compensation. For starters, injury attorneys have the ability to assess your damages and giving monetary value to them. These includes:

• Pain and suffering, 
• Medical bills, 
• Loss of income, 
• Out of pocket costs.

The above-mentioned will increase the amount of your settlement and will fortify your overall injury claim in the future. Once that is set in motion, your injury attorney will have the ability to initiate a thorough investigation of the facts that led to your accident. He or she will add even more substantial evidence to your case by questioning those responsible. Once these things are delivered, your injury attorney will help you file all of the pertinent paperwork for your claim. These include meeting deadlines, contact information, and personal accounts of the accident. 

At that moment, your lawyer will then formally inform the party at fault that you have decided to file a formal injury claim. During the process, if there isn’t an agreement set in place and the party at fault denies reaching a settlement you are entitled to take your case to court. Be advised that once these cases do arrive in the courtroom victims are more likely to be successful because judges and jurors tend to side with the victim. 

Get Represented As Soon As Possible! 

The following information has been brought to you by the Law Offices of Scott J. Senft. We are a medium-sized law firm that focuses on delivering concrete results to our clients. The main takeaway from our article is knowing that the best way to attain the compensation you deserve. 

Because of our complication system, you, unfortunately, will not have the ability to gain these mentioned advantages that will protect your rights on your own. Thankfully, Scott and his team have dealt with these same cases for many years. Their track record exemplifies their desire to provide a service to their community in South Florida. So, what are you waiting for? Pick up the phone and call them now!