Fort Lauderdale Slip-and-Fall Lawyer Representing the Interests of the Injured
Slip-and-fall accidents take a second to happen but can have long-lasting impacts on victims. From costly medical expenses to lost wages, you may feel the financial consequences of a fall in addition to the many physical and mental effects. Property owners can be held liable for your losses if their negligent maintenance and repair of the property led to your injuries. Their insurance company may offer a quick settlement, but these offers usually don’t consider all your losses from the accident. If you’ve been hurt in a slip-and-fall accident, you need the legal skills of an experienced law firm that is prepared to fight to get you the compensation you deserve. Contact Kurzman Law Group, P.A. for a free consultation on your case: 954-466-3220.
What Should You Do if You’ve Had a Slip-and-Fall Accident?
Ensuring your safety after the fall should be your top priority. If you have serious injuries, contact 911 to get emergency medical help. It is crucial to seek a medical evaluation soon after your accident, no matter how minor your injuries may initially appear. Some injuries may not cause immediate pain but still require extensive medical care. A medical record of the damage caused by your slip-and-fall provides a basis for your claim if you realize later that you have losses related to your accident.
If you are physically able after your incident, or if you have a trusted friend or family member who can help you, these are other steps you can take to protect your rights and bolster your claim:
- Make an accident report: If the accident occurred on the job or at a business, report it to management, fill out an accident report form if available, and get a copy.
- Take pictures: Unfortunately, a negligent property owner may try to fix or change the accident scene after your slip-and-fall to correct the hazardous condition before it can be investigated. Therefore, pictures of the accident scene can prove invaluable to your fall case.
- Get eyewitness information: Request witnesses’ names, addresses, and phone numbers. If the incident involves the police being called, ask witnesses to stay to report what they saw.
- Preserve evidence from the incident: In slip-and-fall lawsuits, the footwear you wore may be investigated as part of the case. It is recommended to take off your shoes as soon as possible after the accident and place them safely in a bag or box, so they are available if needed.
- Promptly contact an experienced slip-and-fall attorney: Time is of the essence in slip-and-fall cases because evidence can disappear quickly. Enlisting the services of a trusted law firm can safeguard your premises’ liability claim and help relieve some of the stress caused by the accident.
When discussing your slip-and-fall accident with a manager, homeowner, or insurance adjuster, stick to the facts and resist the urge to apologize to anyone. Many people naturally say sorry if they feel they’ve inconvenienced someone else, even if they aren’t at fault. However, in the case of a slip-and-fall, those innocent words could be twisted into an admission of wrongdoing that could potentially harm your claim. Once you have retained a slip-and-fall lawyer, they can handle communications and questions from the various entities involved, which takes the pressure off you.
Where Can Slip-and-Fall Accidents Happen?
A slip-and-fall accident occurs when someone loses traction on a walking surface, which causes them to lose their balance and fall. This loss of traction can be a:
- Slip: Where the feet slide on the surface, usually causing the victim to fall backward or to the side.
- Trip: When a foot catches on something that interrupts the gait and makes the victim fall forward.
A property owner must keep their premises safe for all guests. Whether the owner is a government entity, such as in the case of a public park or other public property, or if they are landlords or an owner of private property, they must perform frequent inspections to check for hazards. Once a hazard is identified, they must either fix it or warn visitors of the dangerous condition. Failing to check for dangers or repair them is negligence and can leave the owner open to a lawsuit if a fall injury occurs. Places where slip-and-fall accidents are common include:
- Neglected properties: If a premise is in disrepair and has dangerous surfaces, such as broken sidewalks, loose or uneven stairs, or damaged parking lots, the likelihood of a fall accident increases.
- Workplaces: On-the-job injuries and worker’s compensation claims from slips and falls are commonplace, especially if the employer does not carefully maintain the employee’s working areas. Spills, unstable surfaces, poor lighting, uncleaned debris, and other dangerous conditions can lead to harmful work accidents.
- Slippery or uneven surfaces: Anything that impacts a person’s traction on a surface can cause a nasty fall. Surfaces that can threaten walkers include wet floors, broken pavement, loose rugs, torn carpeting, and more.
- Cluttered spaces: Anything impeding an individual’s walking path increases the chance of a fall. Wires, boxes, construction tools, and other items blocking a walkway, especially in an unexpected place, can trip a person and lead to injury.
- Outdoor areas: Weather conditions can lead to hazardous walking areas outside. Fort Lauderdale may never have an icy sidewalk, but heavy rain, windblown sand, leaves, or other debris can pose difficulties for individuals navigating a surface.
What Harm Can Be Caused by Slip-and-Fall Accidents?
It is estimated that over a million people are seen in U.S. emergency rooms every year due to slip-and-fall injuries. While some people may only have minor bumps and bruises, some falls can be severe and may even lead to death. The risks for severe damage are increased for older victims, those falling from heights and anyone who strikes their head during the fall. Some potential complications of a slip-and-fall accident are:
- Bruising and lacerations
- Facial, dental, and tongue injuries
- Broken or fractured bones, particularly the pelvis, hands, arms, hip, and spine.
- Dislocations
- Skull fractures and traumatic brain injury (TBI)
- Spinal cord damage, possibly causing paralysis
- Fatal injuries
For many victims, especially those who are older, the initial injuries are not the only difficulties they will face. Falls can cause a domino effect of health issues, such as blood clots, stroke, chronic pain, and loss of mobility. This can lead to mental health struggles, including depression and anxiety, and may decrease the victim’s quality of life. In worst-case scenarios, slip-and-fall victims could experience long-term disability, incapacitation, and premature death.
What is the Statute of Limitations on a Slip-and-Fall Accident Claim in Florida?
One of the most common ways that individuals damage their potential for a settlement in a slip-and-fall case is by waiting too long before filing a fall injury claim. The statute of limitations restricts how much time a plaintiff has to bring a lawsuit. For most premises liability lawsuits in Florida, the fall accident victim has four years from the date of the incident to file their claim. There can be rare exceptions to this rule, but in nearly all cases, the court will refuse to hear suits filed past the four-year time limit.
Even though you have a maximum of four years to file your slip-and-fall injury claim, it is usually in your best interests to begin legal proceedings as soon as possible. Prompt action ensures that evidence of the incident is still available for investigation and the events remain clear in the witnesses’ minds. There could also be situations where the defendant is a government entity with different paperwork deadlines. An experienced fall accident lawyer from Kurzman Law Group, P.A. will make sure your legal rights are protected, and you meet all necessary deadlines.
What Damages Can You Seek in Your Slip-and-Fall Accident Case?
If your fall injuries were directly caused by the property owner’s negligence in maintaining their premises, you likely have the basis for a slip-and-fall claim. The settlement amount you could be eligible for can vary based on the details of your accident and the severity of your injuries. However, when valuing your claim, your fall accident lawyers will consider the myriad ways the accident has impacted your life. This valuation will include economic damages such as:
- Medical bills
- Therapy or rehabilitation expenses
- Lost wages and the loss of future earning capacity
- The cost of medical devices such as walkers, wheelchairs, or crutches
- In-home health care costs
- Expenses for accessibility upgrades to your home and vehicles
Non-economic damages are another category of losses experienced by fall accident victims. These non-monetary losses are less tangible than economic losses because there are no bills or expenses you can point to that show their impact. However, these damages still have powerful repercussions for you and your loved ones that may be felt daily. You may receive compensation for non-economic damages, including:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Reduction in your quality of life
Occasionally, punitive damages may also be awarded by the court if the property owner’s actions were considered malicious or particularly egregious, such as setting up traps to harm those that entered the premises.
Why Hire Our Law Firm?
With over 20 years of combined experience in personal injury law, our lawyers at Kurzman Law Group, P.A. have the knowledge and skills to handle even the most complex cases. At times, slip-and-fall claims can be challenging to prove, but our tenacious lawyers will thoroughly investigate your case to gather the necessary evidence and testimony to build a robust claim. We have strong communication and negotiation skills honed through our years of practice. Most premises liability claims can be settled without the need for a lengthy court case, but we are always prepared to take your case to trial if the insurance company is unwilling to provide a satisfactory settlement. Call our office today at 954-466-3220 to schedule a free confidential consultation with one of our helpful lawyers to learn about your legal options.