Healthy individuals involved in a slip-and-fall can experience a severe injury, such as a broken hip, brain trauma, or spinal cord damage, requiring immediate medical attention. However, the costs related to a slip-and-fall may exceed medical insurance thresholds, leaving the victim liable for any additional expenses.
In such a case, it’s possible for the injured party to file a lawsuit against the property owner to recover economic damages and medical costs related to the accident. Florida premises liability law states that landlords and property owners must provide a reasonable level of safety to all visitors on the property.
If a property owner neglects to uphold their duty as required by the law, they may be liable for any compensation claims filed by the victim of an accident on their premises. If you’ve sustained an injury as a result of a property owner’s neglect, visit our Miami slip-and-fall lawyer to see if you have grounds for a lawsuit. Remember to take all the evidence you have collected at the scene with you to your consultation.
Investigating the Scene of Your Accident
A slip and fall could result in extensive, severe injuries that prevent the victim from going to work. A slip-and-fall attorney in Miami will calculate all the economic and non-economic damages attributed to your accident. Your accident lawyer will also include any future expenses from medical costs associated with your recovery and treatment.
Florida Statute 768.0755 governs slip-and-fall accidents on transitory surfaces inside businesses. In such a case, the law requires that the plaintiff deliver the following evidence to prove negligence on behalf of the property owner:
- The property owner was aware of the hazard.
- The property owner did nothing to repair or fix it before your accident.
Your injury attorney will investigate the scene of your accident, speak to eyewitnesses, and search property records for previous complaints surrounding the hazard that caused the slip-and-fall. Your attorney may hire independent contractors, such as civil and forensic engineers, to provide unbiased evidence about the accident scene for the court.
Other tactics your accident lawyer may use to collect evidence include reviewing CCTV footage from the accident scene, as well as speaking to local businesses and individuals that work close to the accident scene.
Proving Liability and Notice
The biggest issue facing your slip-and-fall lawyer in Miami is proving negligence on behalf of the property owner. Florida state law uses a doctrine of “comparative fault” to assess the final liability for the accident.
This doctrine states that both parties can bear some form of liability for the accident. For example, if you’re walking and trip over an apparent hazard because you were texting on your phone, the court may not find the property owner 100% liable for your injuries.
It’s standard practice for landlords to fix hazards immediately after an accident. By doing so, they remove all physical evidence from the scene. Therefore, it is vital that you take photos of the hazard immediately after your accident.
Your attorney will use these pictures to assess your case. If they think you have a claim, they will conduct an independent investigation into the accident site. This investigation includes reviewing any previous complaints about the hazard and the resulting property owner’s negligence that led to your injury.
Filing a Lawsuit for Compensation: Why You Need a Miami Slip-and-Fall Attorney
While slip-and-falls are considered part of personal injury law, its best to consult with attorneys who deal primarily with slip-and-fall accidents. An accident attorney understands the complicated legal environment and has the experience necessary to handle your case effectively and efficiently.
Your attorney will work with you to prepare you for the deposition phase before the case goes to trial. In a deposition, lawyers representing the insurance company of the property owner question your account of the events surrounding the accident. The sole goal of the defense attorney is to prove that your conduct on the scene led to your slip and fall, not the hazard.
Your attorney will ensure that you are well prepared for the deposition with a set of pre-planned questions and answers. Being prepared allows you to remove the nerves and tension from the situation, giving you the opportunity to deliver a confident statement.
The majority of slip-and-fall cases result in an out-of-court settlement between the parties. Only 2% of cases ever make it to trial. Therefore, winning your slip-and-fall case depends heavily on your choice of legal representation. Make sure you work with a competent, qualified, and experienced accident attorney to receive a fair settlement.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Slip and Fall Lawyer.