A fall may not seem like a serious accident that can result in mild to severe injuries. But did you know that slip and fall injuries account for 12% of hospital visits every year? Even more surprising, it is the leading cause of death in senior citizens and the 4th leading cause of death overall.
If you have fallen as the result of negligence, you may be able to claim compensation via a personal injury suit. A Seminole slip and fall lawyer can help you:
- Determine whether or not you have grounds for a personal injury claim.
- Who is liable or responsible to pay for any damages or losses that you have suffered.
- What type of damages you can claim for.
- The amount you can claim for.
- Negotiate a fair settlement with the liable party, their lawyers or insurance providers.
- Represent your case in a court of law should it go to trial.
Winters and Yonker lawyers will do their utmost to settle your claim out of court to save you precious time, court costs and ensure the outcome of your case. One of the greatest pitfalls of taking a personal injury case to trial is that you can never be certain of the outcome or the amount that will be awarded to you. Call Winters and Yonker today to schedule a free consultation to assess your slip and fall personal injury case.
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How Can A Seminole Slip And Fall Lawyer Help Me With My Case?
Although there is no legal requirement to hire a lawyer to file a slip and fall personal injury claim, there are a number of benefits to having legal representation:
- A lawyer will file your personal injury claim on your behalf.
- They will investigate your case to determine negligence, fault, liability and damages.
- They are expert negotiators and will present your case in court.
Navigating the legal system can be complicated and confusing for ordinary people. A lawyer is experienced at dealing with personal injury cases and will provide you with the best advice every step of the way.
What Steps Can Be Taken to Help Your Slip And Fall Case?
There are certain steps that you can take that will provide support and evidence to your case. The more evidence you are able to collect, the better your chances of successfully claiming fair compensation for your losses. You should do the following after a slip and fall even if you have no injuries that are immediately noticeable:
- Take photos of the scene of the incident and the cause of the accident.
- Report the slip and fall to a person in charge such as a manager.
- Get the names and contact details of any potential witnesses.
- Call a lawyer to advise you about what you should do next.
- Seek medical attention as soon as possible. If you have been seriously injured, call emergency services or visit an emergency room immediately. If your injuries do not appear to be serious or are not noticeable, visit a doctor as soon as possible. Take photos of noticeable injuries.
- Keep all medical and other bills as well as medical records and doctors notes regarding the injury.
- Write down the series of events leading up to the fall and any other relevant information so that you don’t forget the details or get them mixed up later on.
It is important to note that not all injuries are noticeable directly after a fall. It can take a couple of days for you to feel pain and an injury to be detected. It is therefore imperative to visit a doctor regardless of whether or not you have noticeable injuries.
How To Prove A Slip And Fall Accident?
There are a number of different elements that need to be proven in a slip and fall accident:
- The owner of the property or the person responsible was unreasonable in the upkeep of the property.
- The owner or liable party was reasonably aware that a slip and fall hazard existed.
- That the owner did not take steps to rectify the problem or post warning signs of the slip and fall hazard.
- The injured party was not aware that the hazard existed. They did not see any signs posted in time to warn them of the hazard.
How is Liability Determined in a Seminole Slip And Fall Case?
Florida implements comparative negligence law in determining liability in slip and fall personal injury cases. This means that the court must determine the percentage of fault that can be attributed to each party in evaluating compensation that should be awarded. If the injured party is found to have been partially at fault in causing their injury, their claim will be reduced accordingly.
For example, if you were found to be 50% at fault in causing your own injury, you will only receive 50% of the total compensation awarded by the court. The plaintiff or liable party will only have to pay you 50%.
To determine your percentage of fault, you will be asked the following questions:
- Did you have a valid reason to be on the property when the slip and fall accident occurred?
- Would another person, of reasonable caution, be able to notice and therefore avoid the hazard that caused the accident?
- Was there any warning given by the property owner of the hazardous condition?
- Were you doing anything at the time of the accident that could have contributed to your injury?
Even if you were partially at fault in causing your own slip and fall injury, you can still claim compensation from the liable party in Seminole, Florida.
How Much Is My Slip And Fall Case Worth?
On average, slip and fall cases are settled in the range of $15,000 and $45,000. However, these figures can be much higher and even run into the millions depending on a number of different factors. If you were severely injured or your injury resulted in a disability, your medical and other expenses related to your injury are going to be higher and therefore your claim is going to be greater.
You can also claim for loss of income or wages as well as some non-economic damages like pain and suffering, emotional distress or loss of enjoyment of life. Punitive damages may also be awarded where the liable party was found to be reckless in their actions.
What Are The Time Limits for Filing a Slip and Fall Lawsuit?
The statute of limitations for personal injury claims is 4 years in Florida. This means that you have exactly 4 years from the date of the accident to file a claim.
Slip and fall injuries are much more common than you may believe and often result in mild to severe injuries or even death. You have the legal means to seek compensation for any losses that you incur as a result of a slip and fall injury.
Contact our personal injury firm today to schedule a free appointment to assess your case and start the process of filing your claim today.