Slip and falls are a common accident that can cause grave injury. These injuries can range from a minor bump or sprain to a head injury that is life-threatening. As a victim of a slip and fall accident, you have a right to compensation for your losses. A Clearwater slip and fall accident lawyer can help you recover damages after a slip and fall accident.
When you are on the property of someone else, you have a right to be protected. Property owners of any size, whether they are big corporations or homeowners, need to keep you safe when on their premises. They need to make you aware of any dangers and make sure their property is properly maintained to keep you safe.
If you are injured because a property owner failed to keep their property safe, you do have rights. In these situations, you deserve compensation for your medical bills as well as your lost wages. Contact the personal injury lawyers in Clearwater at Winters & Yonker today to learn how we can help your slip and fall injury claim.
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When are Property Owners Responsible for Slip and Fall Injuries?
If you were going to a local store and the weather conditions started to change, a property owner needs to take action. Parking lots, sidewalks and indoor floors can get wet and slippery during rain, snow, sleet or icy conditions.
Property owners need to make sure that do something about the adverse condition of their property. This means that they should spread salt or sand on slippery parking lots or sidewalks to avoid a slip or fall accident. They need to mop floors and put down rugs inside their establishment to avoid you getting hurt.
When a property owner blatantly ignores the condition of their property, it can cause a slip and fall accident with injuries. When an injury occurs on a property that is not your own, you need to speak to a lawyer about your case. Your attorney will prove that a property owner knew about the poor condition of their property and decided to nothing about it.
How Will My Slip and Fall Lawyer Prove Fault in an Accident?
Proving fault in a slip and fall accident is the responsibility of your lawyer. They will work to establish the fault of a property owner while minimizing your negligence in the accident. Because Clearwater, FL, has laws that look at both the negligence of the defendant as well as the plaintiff, it can affect your settlement award.
You do need a slip and fall accident lawyer that can fight against a negligent property owner. They need to show that this property owner was fully at fault for your slip and fall accident. They need to reduce your negligence in the accident to make sure you receive the maximum compensation possible.
The laws in Florida take both parties’ negligence into account. The way that this works is a jury will place a percentage of negligence on both parties involved in a case. If it is determined that you have 10 percent negligence in a case, your total settlement will be reduced by 10 percent.
What is Comparative Negligence?
You may be awarded $50,000 as your total settlement award for your slip and fall accident. If the jury determines that you were 10 percent at fault for the accident, you would only receive a $45,000 settlement award. A total of 10 percent would be reduced from the compensation because you had some fault in the accident.
For this reason, it is imperative that you work with a slip and fall accident lawyer to lower your negligence in your case. The defendant will work to show that you had negligence for a slip and fall accident. Your slip and fall lawyer will establish that the accident was not your fault. The more that they can prove that a property owner was guilty of your injuries, the higher your settlement award will be in your case.
Having a lawyer that can show that you were not to blame for your accident, the more compensation you will receive. They will use evidence such as photos and testimony of witnesses to prove that you did not cause your slip and fall accident.
When you work with a slip and fall lawyer, they will provide you with the legal guidance you need to understand your case. They will provide the legal advice you are looking for and help you decide how to proceed with your lawsuit. Let your slip and fall accident lawyer in Clearwater, FL, work for you and fight against a negligent property owner.
What Type of Compensation can I Receive After A Slip and Fall Injury?
There is a range of damages that you can request as part of a slip and fall accident. Your Clearwater, FL, slip and fall accident lawyer can help you understand what type of compensation you should get to in your case. These are the most common types of compensation sought in slip and fall accident cases.
Medical expenses include both current and future costs that you may incur because of your slip and fall accident. Also, medical treatment costs are recoverable in a slip and fall accident as part of your total settlement award. A slip and fall lawyer near Clearwater will fight to get your medical bills covered in your case.
During your recovery from a slip and fall accident, you may not be able to work. You may lose out on earnings from your job. You do have a right to lost wages as part of your total settlement award. Your slip and fall accident lawyer will help you recover lost wages that you have lost on due to your injuries.
Pain and Suffering
Many times, the events of a slip and fall accident are devastating. They may cause emotional pain and mental anguish that prevents you from recovering. This pain and suffering is recoupable in a slip and fall case. A Clearwater, FL, slip and fall accident lawyer can help you receive pain and suffering damages in your case.
While it is rare, there are instances when you may request punitive damages for a slip and fall accident. In these cases, the actions of the property owner showed severe and dangerous neglect. The judge in your case may order punitive damages above and beyond your total settlement award. Your slip and fall lawyer in Clearwater, FL, can help you understand if your case would qualify for punitive damages.
How Long Do I Have to File A Slip and Fall Accident Lawsuit in Florida?
When injured because of a slip and fall accident, you need to speak to a slip and fall accident lawyer in Clearwater, FL, as soon as possible about your case. You have a limited amount of time to file your slip and fall lawsuit, according to the laws in Clearwater, FL. This statute of limitations statute that you have four years from the date of the accident to file your injury lawsuit in the appropriate court.
It is essential that you act quickly as failing to file your lawsuit within the four-year deadline will result in dismissal of your case. No matter how severe your injuries are or the details of your accident, no settlement will result in your case.
For this reason, you need to contact your injury lawyer immediately after your accident. You need to give your slip and fall lawyer time to build a strong case that fights your injury claims. They will represent you in court and help you to win your case against a negligent defendant.
What Should I Do After a Slip and Fall Accident in Clearwater, FL?
Preserving your case after a slip and fall accident is imperative to get a settlement for your injuries. The steps you take after a slip and fall accident can help your Clearwater, FL, slip and fall lawyer build a strong case against a negligent property owner. They will have all the evidence they need to prove the fault of a property owner and help you get the compensation you deserve. Follow these tips when you are in a slip and fall accident.
Get Medical Attention
Immediately after your slip and fall accident, you should seek medical attention. You do not know how severe your injuries are until you seek medical treatment. No matter if you think you only have a minor injury, it is best to get medical care to determine the extent of your injuries. These medical records will become important evidence in your slip and fall case.
Do Not Accept Blame
Even if you think a slip and fall accident was your fault, it is important that you do not accept blame. You do not know at this point if the property owner was negligent for your injuries or if they were your fault. Remember anything that you say after a slip and fall accident is used against you. You want to preserve your case and accepting blame for a slip and fall accident will negatively impact your settlement award.
You will want to take photos of where your slip and fall accident occurred. This means that you should photograph the conditions, floor, or anything else that contributed to your fall. You will also take photos of your injuries. This will prove the severity at the time and show that you were hut on the scene. Use your cell phone camera to take these photos right away.
Talk to Witnesses
You will also want to talk to anyone that saw the event of the accident. These witnesses will prove important to your slip and fall case as they can testify to the events of the accident. They can support your account of the slip and fall accident and help to prove that a property owner was negligent in their actions.
Document the Accident
After you have sought medical treatment and arrived home, take the time to write down everything you remember about the slip and fall accident. This will include everything leading up to the accident as well as any details that come to mind. You want to document the slip and fall accident while it is still fresh in your mind. This will help you later as you discuss your case with your slip and fall accident lawyer in Clearwater, FL. Remember that no detail is too small to include in your documentation of the accident.
Contact your Slip and Fall Accident Lawyer
As soon as possible after your slip and fall accident, you will want to speak to a Clearwater, FL, slip and fall lawyer. They can help you determine if you have a case and will start the process of working with an insurance company for your compensation. The sooner you discuss your case with a slip and fall accident lawyer, the sooner you will receive your award settlement. Remember that you only have a limited amount of time to file a lawsuit, so you need to contact a slip and fall lawyer quickly.
Contact a Clearwater Slip and Fall Accident Lawyer Today
If injured in a slip and fall accident, you need the help of a premises liability lawyer in Clearwater, FL. The slip and fall lawyers at Winters & Yonker P.A. are there to provide you the legal advice you need in your case. They will also represent you and fight for your right to compensation for your injuries. Let the slip and fall lawyers at Winters & Yonkers assist you today. Contact us now to set up a consultation.