Over one million people suffer significant injuries from slip and fall accidents in the United States. These injuries can alter the injured person’s entire life, can cause loss of employment, loss of mobility, enormous medical bills as well as permanent pain and suffering.
Only automobile accidents rank above slip and fall accidents as causes of accidental deaths in the Country. Businesses have a legal obligation to make sure their premises are free from harm and in a reasonably safe condition for customers and guests.
If a person is injured or seriously hurt after slipping, tripping or falling on someone else’s property because of the owner’s negligence, the injured person is entitled to receive compensation for medical bills, time he or she was off work and even for pain and suffering.
If you or any of your loved ones has been in a slip and fall accident, it is important to remember and follow these steps immediately following the unfortunate incident:-
- SEEK MEDICAL TREATMENT.
The number one priority should always be the health of the person involved in a slip and fall accident. It is important not only to get urgent treatment, but also to get injuries evaluated and documented. In future lawsuits, medical records are valuable evidence.
- REPORT THE ACCIDENT.It is important to report the accident irrespective of where it occurred. Whether in a store, a parking lot, on a sidewalk or even if its at the residence of a friend, it is necessary to report the incident to the manager, owner or landlord. Seek written report that details the unfortunate incident.
- PROPER DOCUMENTATION.It is important to collect names, addresses, phone numbers and email addresses of all potential witnesses. These witnesses offer valuable insight into how the Victim fell, causes of the accident, the nature of injuries suffered. Photographs and videos are pursuasive evidence of the conditions that may be prevailing at the time of the accident. Injured parties should take photographs of his injuries too. It is essential to put away the shoes and clothes that were worn by the injured person in safe storage.
- MAINTAIN CALM AND COMMUNICATION SHOULD BE LIMITED.The Injured person should refrain from posting pictures or videos of the accident on social media. He or she should refuse to give statements to insurance companies, instead should hire an experienced Miami slip and fall lawyer and let the lawyer deal with them. The injured person should not blame anyone and also shouldn’t take blame for the accident. Admitting any part of the blame upfront can undermine a future lawsuit.
- CALL EXPERIENCED SLIP AND FALL ATTORNEYS IN MIAMI.
Slip and fall accident cases are complex and hard to prove. Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex and confusing slip and fall accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of slip and fall accidents in Miami and all across Florida.
COMMON CAUSES OF SLIPS AND FALLS:-
Some major factors that contribute to slips and falls are:-
- Wet, Icy or Waxed floors.
- Inadequate Lighting.
- Sidewalk defects.
- Holes in floors or pavements.
- Warning Signs not posted on known hazards or construction areas.
- Spilled substances on floors.
- Uneven floors.
- Loose steps and hand rails.
- Elevators and Escalators.
TYPES OF INJURIES SUSTAINED IN SLIP AND FALLS.
Most common slip and fall accident injuries are :-
- Head Injuries.
- Broken Bones.
- Hip fractures.
- Spinal Cord damage.
- Wrongful Deaths.
STATUTE OF LIMITATION FOR FILING A SLIP AND FALL ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing a Slip and Fall accident claim. An experienced Florida Slip and Fall Accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for slip and fall accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the slip and fall accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced slip and fall accident lawyer without any delay. Sufficient time is necessary to collect evidence to establish the defendant’s liability.
A Florida slip and fall accident case always hinges on whether the property owner knew or should have known of the negligent condition. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought. Having the option of going to Court always gives an added leverage during settlement talks.
In Florida, the property owner is bound to argue that the victim should bear some amount of blame for the accident. Florida has a “ Pure Comparative Negligence “ rule. Under this rule any damages awarded to a plaintiff will be reduced according to the percentage of his or her fault in the accident.
Proof of plaintiff negligence will not bar a claim entirely, but it could reduce the amount of overall compensation awarded. It is the responsibility of the defendant to prove Comparative Negligence. The property owner must prove that the plaintiff did not demonstrate reasonable care and he or she was responsible for injuries sustained. Some common arguments put forward by defendants in slip and fall accident cases to establish Comparative Negligence are:-
- Victim was on a part of property that he or she had no right to be on.
- Victim was not paying sufficient attention.
- Victim ignored warning signs about conditions.
- Victim did not wear appropriate footwear.
- Condition was open and obvious.
COMPENSATION FOR VICTIM OF A SLIP AND FALL ACCIDENT IN MIAMI.
Our Miami Slip and Fall Accident lawyers seek to get maximum compensation for the victim of a slip and fall accident.
Our attorneys help victims recover:-
- MEDICAL EXPENSES. – A Victim of a slip and fall accident is entitled to receive medical expenses which include current expenses as well as projected future costs.
- LOST WAGES. – If the Victim had to miss work while recovering from the accident, he or she is entitled to receive wages for the period of time he or she was absent from work.
- POTENTIAL FUTURE EARNINGS – If the Victim is unable to return to work at the same hours or on same pay or even to do same tasks, he or she is entitled to receive lost future income.
- OTHER DAMAGES – Victim is entitled to claim damages for the pain and anguish, mental distress, physical pain and loss of enjoyment of life.
If a victim of a Slip and Fall accident has passed away, his family can recover compensation through a wrongful death claim. The compensation in such instances includes medical expenses up until the Victim’s death, funeral costs, loss of income etc.
WHY HIRE KAIRE & HEFFERNAN ?
Our team of slip and fall lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to experts in accident reconstruction who explain how the accident occurred based on injuries suffered by victims. Opinions of Medical experts is sought to explain severity and duration of the injuries.
Our team of Miami slip and fall accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendants whose objective is to limit the injured person’s compensation to the lowest possible amount.
CONTACT A MIAMI SLIP AND FALL LAWYER.
If you or your loved one has been injured in s slip and fall accident due to the carelessness or negligence of a property owner, you deserve to be duly compensated for the injuries suffered and other damages. Call a experienced Slip and Fall Lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.