Understanding Slip-And-Fall Injury Claims In South Florida
If you have been seriously hurt in a slip-and-fall accident, you may already be feeling the pressure of medical bills and missed time from work.
If your fall was the result of a dangerous spill or poorly maintained property by a business owner, landlord or property manager, you may also be wondering what type of compensation you could pursue to help get your life back on track.
Different Types Of Compensation Available For A Slip-And-Fall Injury
There are a variety of damages available for slip-and-fall incidents. What you will recover will be based on your specific circumstances. The following, however, is a list of the most common types:
- Medical bills: This includes payment for past, present and future expenses related to doctor’s visits, rehabilitative therapy, medicines and any assistive mobility devices needed for your injury.
- Lost wages: This includes payments for loss of your present and future earning potential.
- Pain and suffering: This includes compensation for the pain you endured as a result of your slip-and-fall injury.
- Punitive damages: This includes monetary compensation awarded to you as a way to punish the at-fault party and deter future conduct.
It’s important to know, however, that the law requires injured parties to prove certain aspects before they can prevail and be awarded compensation.
How To Prove Fault In A Florida Slip-And-Fall Case
In Florida, you must provide proof of all the following before you can win:
- Duty of care: You must prove that the property owner or manager had a duty of care to you, meaning you were on the property as a personal guest or business visitor, such as a shopper in a store.
- A hazardous condition existed on the property: You must also prove that there was a dangerous condition on the property that should have been fixed or that you should have been warned about.
- The responsible party had knowledge of the danger: Proving that the responsible party either knew or should have known of the danger because of the amount of time it had been there (such as a spill left overnight) or the regularity of the occurrence (such as a rug that has continually tripped people) is also required.
- The danger was not foreseeable: Proving that a reasonable person would not know to avoid the danger (because there were no warning signs or other indications that the property could be dangerous) must also be proven.
- The danger caused your injury: You must also prove the danger was the direct cause of your injury. Even if a dangerous condition existed on the property, it must have actually correlated to your injury.
Proving your case may seem overwhelming but, with the help of an experienced slip-and-fall accident attorney who has handled similar cases, you have a higher likelihood of a successful recovery.
Help From Experienced Slip-And-Fall Accident Attorneys
At Rosenthal, Levy, Simon & Sosa, our West Palm Beach attorneys have successfully represented individuals throughout South Florida, including West Palm Beach, Port St. Lucie, and Palm Beach County, who have been injured in slip-and-fall incidents.
With over 30 years of experience, we have recovered for injured parties in a wide variety of situations.
Familiarity With Insurance Companies
Insurance companies are often involved with these cases. Unfortunately, they offer lowball settlements or avoid paying out full and fair compensation to injured parties.
Our team of attorneys often works with insurance companies and knows the types of tactics they utilize. As your advocate, we will make sure to combat them at every turn and work to get you the maximum compensation you deserve.