Sleep and fall accidents are among the most commonly reported personal injuries in the United States. They can happen anywhere – from the office to the grocery stores, apartment buildings, and street pavements. Florida State premises liability laws dictate that property owners must ensure their premises and environs are safe for all the residents or visitors.
Failure to maintain a safe and habitual environment means the owner can be held accountable for any injuries that the tenants or guests suffer when on their property. If you have sustained injuries in a slip and fall accident in a residential or commercial building, you may be eligible to sue the owner and seek compensation.
We at Winters and Yonkers have highly experienced, reputable Clermont slip and fall lawyers that can help you. Call our personal injury firm today at (888) 373-7770 to schedule a non-obligatory case evaluation and learn more about how to protect your rights and interests.
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How Can A Clermont Slip And Fall Lawyer Help My Injury Claim?
One of the benefits of working with a seasoned slip and fall attorney is you will have a professional on your side with the experience and exposure needed for such cases. As the victim, we assure you that your rights and interests will be protected. We shall do all we can to ensure you are fully compensated for your injuries.
Many property owners will have the backing of their insurance providers, who have a barrage of lawyers on their defense to ensure they discredit your claim and avoid or minimize the compensation. That is why you should not face them alone. It would be best if you considered having a team of legal experts on your side who will be committed to ensuring you are adequately compensated for your injuries and suffering.
The lawyer and team of experts will negotiate with the other party on your behalf. And if the negotiations fail to bear favorable results, they will not be afraid to take the matter to court. They are professionals that understand what it takes to prepare and litigate such issues, having extensive knowledge of the law and which loopholes might be exploited.
Please note that most property owners will not accept fault for slip and fall incidents, shifting blame onto the victims. And since many of these cases are never clear-cut, determining fault is a challenge. However, this should not be an issue if you entrust your claim case to a reputable, accomplished, and committed slip and fall accident lawyer in Clermont, FL.
What Steps Can Be Taken To Help A Slip And Fall Case?
We highly recommend taking the necessary measures after the accident to help your slip and fall compensation case. In short, our advice to you is that you consider being a self-advocate by taking the following measures:
- Document the scene by taking photos or short videos, focusing on what caused the accident
- Report the incident to the relevant authority – might be your building’s caretaker, supervisor, the police, or store manager
- Request potential witnesses to give you their names and contact details
- Get checked even if you believe the injuries are minor
- Inform your slip and fall attorney and ensure that the legal process that protects your rights and interests commence as soon as possible
How Do You Prove A Slip And Fall Accident In Florida?
Since Florida is a comparative negligence state, your compensation claim outcome might not swing in your favor if the defendant proves you contributed to your slip and fall incident. As such, compensation will be reduced by your percentage or degree of fault in the incident.
Given this, the Clermont, FL, attorney handling your slip and fall case will work hard to prove that the property owner or manager had knowledge of the hazardous condition on the premise or reasonably knew about it and did not take the necessary safety measures.
Conversely, your lawyer will prove that you did not know of the looming danger because you were not adequately warned about it hence the slip and fall resulting in your injuries and suffering.
How Is Liability Determined In A Clermont Slip And Fall Case?
The complexity surrounding most slip and fall claims is that it is the victim’s word against the party at fault. Therefore, the accused might argue that the victim is partly responsible for the accident that causes the injuries. If the argument is valid, the victim will see a substantial amount taken away from what the court awards as compensation.
When trying to determine liability, your slip and fall accident attorney will try to get answers to the following:
- If you have any valid reasons to be on the property or premises at the time of the accident.
- If anyone of reasonable caution, in the same situation and circumstances, could have noticed and avoided the existing hazard.
- If warning signs were put up and positioned in a visible location to alert people of the potential risk of tripping, slipping, and falling.
- If you were distracted or inattentive, thus failed to see the warning signs, and the accident happened.
Suppose the court finds some degree of fault. In that case, the Florida State’s comparative negligence rule will apply, meaning the compensation you are awarded will be reduced by your percentage of blame for the slip and fall accident. It means if you are found to shoulder 15% blame, that is the percentage deducted from what the court awards you.
How Much Is My Slip And Fall Case Worth?
The potential compensation you could get from the slip and fall claim is the weightier issue that signifies your case’s worth. However, it is not always about the money and ensuring that justice is served and the matter is a learning-lesson for others to avoid making similar mistakes.
Some of the things that your attorney will consider when trying to determine what your case is worth include the severity of your injuries, short-term and long-term disability, lost capacity to earn a living, medical expenses, and incidental losses, among other factors.
What Is The Statute Of Limitation For Filing A Slip And Fall Lawsuit In Florida?
Statue of limitation in Florida for slip and fall cases differs depending on various factors, such as the party at fault (can be a person, company, or organization), the victim circumstance after the accident, or other factors. However, you have a four-year period from the time of the incident to file your claim. the time can change if:
- You are suing a governmental office, agency, or institution.
- If the matter is related to medical malpractice discovered sometime later, the statute of limitation might be extended by two years.
- If the victim is mentally incapacitated or not present in Florida
Contact Winters And Yonker Today
If you or a loved one have been hurt in a slip and fall accident that occurred on another person’s property or premise, you can seek compensation for your injuries, suffering, and losses. We at Winters and Yonker are attorneys at law with an unblemished record. We have helped different slip and fall victims get compensation. Call our law offices today to talk to an accomplished personal injury lawyer to find out more about how we can help you.