Property owners in Kissimmee, Florida, and throughout the United States have a legal obligation to protect other people on their premises from an unreasonable risk of harm or injury. If they fail to ensure that their property is reasonably safe, people on their premises may face the risk of slip and falls among other kinds of accidents.
If you were the unfortunate victim of a slip and fall on another’s property, you may be entitled to receive compensation. The expert Kissimmee slip and fall lawyers at Winters and Yonker can help you with that. All you need to do is call us today at (888) 373-7770 or contact us using the online form provided for your free, no-obligation consultation with a personal injury attorney.
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How Can a Kissimmee, Florida Slip and Fall Attorney Help Me with My Case?
A Kissimmee, Florida slip and fall lawyer can help with your case in the following 3 ways:
Gathering and Securing Evidence
Successful slip and fall claims require compelling supporting evidence. It would be incredibly difficult to prove liability in your case without evidence. A slip and fall lawyer gathers and secures the necessary evidence to ensure that your claim has the highest chance of being successful.
Dealing with Insurance Adjusters, Lawyers, and Courts
If you hire a reputable slip and fall lawyer, you won’t need to deal with the insurance adjusters, lawyers, or courts. The lawyer will deal with all of them, in addition to helping you file claims, settlements, and appeals. If the case leads to trial, the lawyer will represent you in court.
Establishing Liability/Proving Fault
One of the most important reasons why you need a slip and fall lawyer is to prove liability in your case. With a personal injury case of this type, one of the greater challenges is proving that you weren’t at fault for the incident and that the property owner was negligent. A slip and fall lawyer can help with that.
What Steps Can Be Taken to Help A Slip And Fall Case?
Take the following steps to strengthen your slip and fall case:
Take all the photos you can at the time and make sure that they show what caused the fall, such as cracked flooring or spilled liquids, along with your injuries.
Report the incident to a manager or property owner. You may also be required to fill out an incident report. If so, ensure that you retain a copy of it for your records.
Take down the names and numbers of witnesses. They could be crucial to showing how the accident happened and may have photos that could prove helpful if you were too injured to take them.
If you require medical attention, get it immediately. Your health should always be the top priority after an accident, which is why you need to seek medical attention immediately. It will also ensure that your injuries are properly documented from the start.
Hire a reputable slip and fall attorney. You shouldn’t represent yourself in a slip and fall claim. A reputable lawyer will ensure that your rights are protected and help you pursue the compensation you deserve.
How Can A Slip And Fall Accident Be Proven?
It is not always easy to prove who was at fault in a slip and fall accident. Still, if you are injured on someone else’s property, the property owner may be liable for the injuries and damages you incur. To prove a slip and fall case, you must understand the key requirements of such cases, which are:
- The property owner or their agent was aware of the hazardous condition or should have reasonably known about its existence on their property.
- The injured victim didn’t know about the hazardous condition since they could either not see it in time or there were no signs posted.
- The property owner or their agent failed to take steps to fix the hazardous condition that existed on the property within a reasonable amount of time thus leading to the slip and fall accident.
The trusted slip and fall lawyers at Winters and Yonker in Kissimmee, Florida can help you prove all of the 3 elements above.
How Is Liability Determined In A Kissimmee Slip And Fall Case?
Florida law holds the expectation that each person has a responsibility to keep themselves safe. When filing your slip and fall claim, you may be asked some or all of the questions below in an attempt at determining liability:
- Did you have good reason to be on the property owner’s premises at the time of the accident?
- Did the property owner give warning of the hazardous condition that led to the slip and fall accident?
- Would a reasonable person in the same situation have noticed and avoided the hazardous condition?
Florida follows the “pure comparative negligence” model whereby damages may be reduced by whatever percentage of fault the plaintiff held. A jury decides how much to hold you responsible for the slip and fall. The court then adjusts the verdicts accordingly.
How Much Is My Slip And Fall Case Worth?
The value of your slip and fall case will depend on several factors, such as the severity of the injury, the length of recovery, the amount of disruption in your life, the amount of medical expenses, and whether the injury is permanent. Ultimately, it is only an experienced lawyer that can accurately determine how much your slip and fall case is worth.
Are There Any Time Limits For Filing A Slip And Fall Lawsuit?
In Florida, the time limit for filing a slip and fall lawsuit, which is also known as the statute of limitations is 4 years from the date of the accident. You might assume that this is a lot of time, but it actually isn’t. If you fail to file your claim within the 4 years, it will most likely be denied.
If you have been involved in a Kissimmee, Florida slip and fall and have suffered a serious injury, you should consider speaking to the experienced slip and fall attorneys at Winters and Yonker. Call our injury law firm via phone at (888) 373-7770 or using the online form provided for your free, no-obligation consultation and case evaluation.