Our Miami personal injury lawyers are available to help with any case that you have against an owner of a location or an employer.
If you had a slip and fall at your place of work, commercial business, or even a private home, then you may be entitled to compensation if the accident was not your fault. If the surface was unreasonably slippery, you may be entitled to compensation. Likewise, if the surface was not properly maintained, you might also have a case.
Do You Have a Slip and Fall Case?
The best way to know for sure if you have a case is to contact our Miami personal injury attorney and discuss the details of your case. Your Miami personal injury attorney can advise as to whether you are likely to be awarded compensation and whether you should consider going ahead with the case.
The following are elements to consider before proceeding with a slip and fall case:
- Did the landowner have a dangerous condition on their property?
- Were you injured by this dangerous condition?
- Did the landowner know about this dangerous condition or should they have known about it?
The next challenge is to prove that the property owner was aware of the issue or issues, was responsible for them, and did not do enough to prevent them from harming people.
- Business owners and government entities alike have a duty to maintain their property, they must avoid ‘unreasonably slippery surfaces’ and they must either warn of or remove ‘transient substances’ (such as pools of water or paint) to prevent accidents.
- There are some cases where a slippery surface might not be the fault of the landowner. For instance, if it is wet due to the weather, then this might not be the fault of the organization.
- However, the question becomes whether this is a regular issue and whether it is something the property owner knew about. If so, why did they not provide signage or cover the surface with something that would provide more friction when wet?
Remember that the burden of proof is on you and your attorney. It is up to your team to ensure that you have the necessary evidence in court to prove that the slip and fall accident took place, that it has negatively affected your life, and that you are entitled to compensation. The proactive steps below can help to ensure that the property owner doesn’t make any quick changes to try and cover up evidence of negligence. If you act quickly and smartly, then you should be able to make a strong case.
Therefore, it’s important to act logically immediately after an accident occurs:
- Survey the area for CCTV
- Speak with potential witnesses
- Taking photos is a good idea too, if possible
- Get in touch with a slip and fall lawyer in Miami as soon as possible.
What is the Role of a Miami Personal Injury Lawyer?
If you’ve suffered an injury that wasn’t your fault, then it may have left you unable to work or physically or emotionally hurt. In such cases, if the accident was indeed the result of the negligence or misconduct of a third party, then you may be able to sue for compensation. In such cases, having a Miami personal injury lawyer can greatly help your case, and it means that you are far likelier to either win or receive a settlement out of court.
While most slip and fall cases end up being settled out of court, this won’t occur unless the company in question feels you have a valid case. In some instances, it is possible to get compensation from a company directly through well-written letters. However, this still takes time and multiple exchanges, which can be confusing and off putting. An injury lawyer will help you both at this stage and in court, handling your formal complaints and acting as your representative. They understand your rights fully and will be able to explain specifically why the accident was not your fault, as well as demonstrate that you would have a strong case should it go to court. This is the ideal scenario, as it means you can potentially earn compensation without ever having to step foot in a courtroom.
Our personal injury lawyer will help you in both scenarios using their experience and training. Though our injury attorneys are trained in most aspects of the law, they are focused on an area known as tort law, including civil wrongs and economic and non-economic damage to people and properties. Ensure that you deal with a slip and fall lawyer in Miami so they understand the case inside out, as they know the laws in your area.
If you decide to take the case to trial, your lawyer will help to prepare you for the big day, build your case, collect evidence, and then present that evidence in court. This can involve several different things, such as contacting an expert to help testify for your case. For example, in the case of an unreasonably wet and slippery surface, the owner of the premise might state that the area is grandfathered and thus does not need to meet the code. Your lawyer may counter this by hiring an expert to offer their opinion. They will then carry out several different tests, possibly using a device called a walkway tribometer. This measures friction using:
- Four ball
- Pin on disc
- Block on ring
- Bouncing ball
- Fretting test machine
- Twin disc
- And other methods
These are the many reasons that one should consult a Miami personal injury lawyer that has expertise in slip and fall cases. If you have a serious injury due to a slip and fall, contact our office now. Our injury lawyers are standing by, waiting to speak to you and evaluate your case. Your consultation is free and talking with one of our lawyers will put you on the path to compensation for your injury.