Injuries cost money. If you have been the victim of a slip and fall accident and were injured, you know exactly how costly it can be. You will have unforeseen medical expenses and bills that grow larger the more serious your injury. You may have had to take time off work to recover, meaning you’ll lose income. You may have suffered emotional trauma and no longer be able to enjoy life as you once did.
Fortunately, you can claim compensation with the help of a Tarpon Springs slip and fall lawyer. At Winters and Yonker, our personal injury lawyers offer a free consultation for all victims of slip and fall injuries. We are there to help you recover compensation for your losses. Give us a call at (888) 373-7770 today to make an appointment.
Table of Contents
How Can a Tarpon Springs Slip and Fall Lawyer Help Me With My Case?
The most important service that a slip and fall lawyer can provide is sound legal advice. In addition, your lawyer will do the following:
- Investigate the slip and fall accident.
- Prepare your case.
- File your personal injury case.
- Negotiate a settlement with the defendant, their lawyers, or insurance representative.
- Present your case in a court of law.
In most cases, settling out of court is preferable. A settlement saves you the time of lengthy court proceedings as well as the costs that are associated with going to trial. However, the reason most lawyers try to avoid court trials is because of the uncertainty involved. There is no certainty that you will win your case in court or the amount of compensation that will be awarded. Your lawyer will only advise you to go to court if the liable party refuses to settle or the settlement amount is way below what should be considered to be fair compensation.
What Steps Can Be Taken to Help Your Slip and Fall Case?
Collecting evidence is critical to providing support for a personal injury case. If you have been the victim of a slip and fall injury, you need to take the following steps:
- Seek medical attention as soon as possible. Serious injuries require immediate attention. Injuries that are not so serious should also be checked out by a doctor. Keep in mind that not all injuries are immediately apparent after falling so visit a doctor for a check-up just in case.
- Take photos of your injuries and the scene of the accident, especially the hazard that caused your fall.
- Get the names and contact details of any people who witnessed the accident or can testify as to the hazardous condition and other pertinent information.
- Report the accident to a person in charge, such as a manager or the owner of the premises.
- Call a lawyer to find out what steps you should take next.
How Can Negligence Be Proven in a Slip & Fall Accident?
There are four factors that are taken into account when proving someone’s negligence caused your slip and fall accident:
The property owner must have had a reasonable awareness of the risk of a slip and fall injury occurring due to a hazard that existed at the time the accident occurred. This knowledge of the hazard can be inferred. For example, if someone had fallen in the same place before or where a persistent leak exists.
The victim of the accident was not aware that a hazardous condition existed. Either no warning signs were posted, the signs were not visible or the warning was noticed too late to avoid the accident.
The victim was injured because of the safety hazard.
The victim experienced harm/loss, for example, medical bills.
How is Liability Determined in a Florida Slip and Fall Case?
The state of Florida follows the comparative negligence standard when determining liability in a slip and fall injury case. This allows an injured party to claim compensation even if they were partially at fault in causing the accident that resulted in their injury. However, compensation is reduced according to the degree of fault assigned to the injured party.
For example, if you are found to have contributed 30% to your injuries, the liable party will only need to pay 70% of the compensation that has been awarded to you.
In order to determine whether you contributed in any way to your injury, you may be asked the following questions:
- Did you have a valid reason for being on the premises or property when the accident occurred?
- Would another person who is reasonably cautious have been able to avoid the hazard and therefore the injury?
- Were any warning signs posted with regards to the hazardous condition?
- Were you doing anything at the time of the accident that could have contributed to your injury?
How Much Is My Slip and Fall Case Worth?
The value of a slip and fall personal injury case is dependent on a number of different factors. The severity of the injuries and the resulting medical expenses contribute greatly. For example, if you suffered minor bruising and abrasions and recover quickly from your injuries, your losses and therefore your claim will be less than someone who was disabled as a result of a slip and fall accident.
Non-economic damages such as pain and suffering, trauma, and reduced quality of life can also form part of a personal injury claim. Punitive damages may be awarded in the event that the property owner or liable party is found to be grossly negligent.
A lawyer will assess your case in order to determine:
- If you have grounds to claim compensation.
- Who is responsible for the slip and fall injury and therefore liable for paying you compensation.
- The types of damages or losses that can be included in your claim.
- The amount that you can claim for.
Are There Time Limits for Filing a Slip and Fall Lawsuit?
The statute of limitation for personal injury lawsuits in the state of Florida is 4 years. This means that you have 4 years from the date of the accident to file your slip and fall claim for compensation.
Contact Winters & Yonker for a Free Case Review Today
Slip and fall accidents are common and can result in moderate to severe injuries and therefore losses for victims. A personal injury lawsuit allows victims of negligence from property owners to recover compensation. You need the help of a skilled lawyer to secure an amount that fully compensates you for your suffering. We at Winters & Yonker are waiting for your call to schedule a free consultation to assess your slip and fall case today.