compensation include:Similar to other types of accidents, slips, trips, and falls can vary widely in terms of their severity. While some of these accidents are relatively minor, others can have life-altering (and, in the worst cases, life-threatening) consequences.
In any case, if you are facing medical bills and other costs after a slip, trip, or fall, it will be important to speak with a premises liability lawyer promptly. Depending on what happened, the property owner (or another party) could be liable for your costs, and hiring a lawyer will be the first step toward seeking the financial compensation you deserve. With this in mind, we encourage you to read this Comprehensive Guide to Florida Premises Liability Claims to learn more, and then we invite you to contact us for a free, no-obligation consultation about your legal rights.
When Can You File a Claim for a Slip, Trip, or Fall?
To be clear, not all slips, trips, and falls will warrant premises liability claims in Florida. To have a premises liability claim, you must be able to prove that someone else (i.e., the property owner) is responsible for what happened.
When is a property owner (or another party) responsible for a slip, trip, or fall? Some examples of issues for which victims or their families may be able to seek financial
- Slip Hazards: Spills, accumulated rain water, recently cleaned floors, slippery flooring materials, and inadequate lighting
- Trip Hazards: Cracks in sidewalks or pavement, unmarked curbs, other unmarked changes in elevation, and dangerous product displays
- Fall Hazards: Unsafe escalators, missing handrails, dangerous stairwells, unsafe building design, and inadequate safety precautions on construction sites
Again, these are just examples. From negligent security to elevator malfunctions, a wide range of other issues can give rise to premises liability claims as well. It is also important to note that while most premises liability claims involve slips, trips, and falls, property owners (and other parties) can be held liable for other types of accidents as well. However, since slips, trips, and falls are most common, we are focusing specifically on these types of accidents in this Comprehensive Guide to Florida Premises Liability Claims.
A common concern that people often have after slip, trip, and fall accidents is that they are responsible for their own injuries. After all, they are the ones who slipped, tripped, or fell.
If you are facing medical bills and other financial and non-financial consequences after a slip, trip, or fall, it is important not to make any assumptions about your legal rights. Victims and their families can pursue claims in a wide range of circumstances—and this is why premises liability laws exist. If you or your loved one slipped, tripped, or fell unexpectedly, you may have a claim; and, even if you or your loved one was partially at fault (which, again, you should not assume), you may still be entitled to compensation under Florida law.
How Do You File a Claim for a Slip, Trip, or Fall?
Let’s say you have a claim for a slip, trip, or fall in Florida. How do you take legal action?
In this scenario, there are several steps you need to try to take to protect your legal rights. At this point, it is up to you to take action. If you do nothing, you will not receive the financial compensation you deserve. However, by being proactive about getting the care and advice you need, documenting your claim, and avoiding some potentially costly mistakes, you can put yourself in the best position possible to recover full compensation for your present and future financial and non-financial losses.
With this in mind, if you are struggling to cope with the financial and non-financial consequences of a slip, trip, or fall in Florida, you should:
1. Get the Medical Care You Need
While it might seem strange to talk about medical care first in a guide to asserting your legal rights, getting the medical care you need and protecting your legal rights go hand-in-hand. Here’s why:
When you have a premises liability claim, it is up to you to prove that you are entitled to financial compensation. We’ve covered this already. Proving that you are entitled to financial compensation starts with proving that you were injured in your slip, trip, or fall. Seeking medical treatment promptly will allow your doctor to accurately diagnose (and document) the cause of your injuries—and this, in turn, will allow you to prove where and when you got injured. Thus, not only is seeking medical care promptly important for your physical recovery, but it is important for your financial recovery as well.
2. Keep as Much Documentation as Possible
Documenting your claim is extremely important, so we cover this separately later in this Comprehensive Guide to Florida Premises Liability Claims. For now, suffice it to say that if you think you may have a premises liability claim, you should keep any and all documentation that you have (or that you receive during the course of your recovery).
3. Talk to a Florida Premises Liability Lawyer
Asserting your legal rights after a slip, trip, or fall requires experienced legal representation. You aren’t legally required to hire a lawyer; but, practically speaking, you will need an experienced lawyer on your side. To help maximize your chances of recovering the financial compensation you deserve, you should hire a lawyer to get to work on your claim as soon as possible.
4. Follow Your Doctor’s and Lawyer’s Advice
When you have a premises liability claim, there are lots of mistakes you need to avoid. These include things like returning to work too soon and posting information about the accident on social media. Once you hire experienced professionals to give you advice, you should follow their advice to make sure you do not jeopardize your physical or financial recovery.
5. Work with Your Lawyer to Pursue Your Claim
In most cases, seeking financial compensation for a slip, trip, or fall involves filing a claim against the property owner’s (or another responsible party’s) insurance company. Once your lawyer determines who (or what company) is liable, your lawyer will be able to file an insurance claim on your behalf. From this point forward, you will need to be prepared to work with your lawyer to pursue your claim—as your lawyer will need your input on matters ranging from proving the value of your claim to deciding when (and if) to accept a settlement.
What Damages Can You Recover?
This brings us to the damages portion of this Comprehensive Guide to Florida Premises Liability Claims. When you have a claim for a slip, trip, or fall, the losses you are entitled to recover are referred to as your “damages.” Generally speaking, damages fall into two broad categories:
Financial Damages in Florida Premises Liability Cases
Financial damages cover the direct out-of-pocket costs you incur as a result of your (or your loved one’s) slip, trip or fall. They generally include:
- Medical bills
- Prescriptions and medical supplies
- Bills for therapy, in-home care, and other services
- Loss of income and benefits
- Loss of future earning capacity
Non-Financial Damages in Florida Premises Liability Cases
Non-financial damages cover all of the other ways serious accident-related injuries impact your (or your loved one’s) life. They generally include:
- Pain and suffering
- Emotional trauma
- Permanent scarring or disfigurement
- Loss of companionship and consortium
- Loss of enjoyment of life
While the financial and non-financial costs of a serious slip, trip, or fall can add up quickly, they can also continue adding up for a very long time. With this in mind, it is important to seek just compensation not only for costs incurred to date, but for future costs as well. In fact, if you or your loved one suffered life-altering (or life-threatening) injuries in the accident, your future costs will almost certainly far exceed the costs you have incurred to date.
How Do You Document Your Premises Liability Claim?
As we said earlier in this Comprehensive Guide to Florida Premises Liability Claims, documenting your claim is extremely important. So, how do you do it? Some of the key steps you can take to document your premises liability claim include:
- Be sure to keep any photos or videos you took with your phone at the scene of the accident
- Take photos to document your (or your loved one’s) injuries
- Keep copies of all medical records, statements, and bills you receive (either hardcopy or electronic)
- Keep copies of any employment records that document days you (or your loved one) missed from work
- Take detailed notes to record as many details as you can about the accident
Importantly, your premises liability lawyer will play a critical role in documenting your claim as well—and this is one reason why you should hire a lawyer as soon as possible. Once you hire a lawyer to represent you, not only will your lawyer be able to send an investigator to the scene of the accident to preserve any physical evidence that is still available, but your lawyer will be able to use the “discovery” process to obtain construction records, maintenance records, and/or any other relevant documents from the liable party (or parties) as well.
5 Important Facts About Premises Liability Claims in Florida
There is a lot to know when you have a premises liability claim in Florida. The process of asserting your legal rights is complicated; and, if you are facing substantial and long-term losses, the stakes are extremely high. With this in mind, to close out this Comprehensive Guide to Florida Premises Liability Claims, here are five of the most important facts you need to know:
1. It Is Critical to Preserve All Available Evidence Promptly
Preserving evidence of liability is critical for filing a successful claim after a slip, trip, or fall. This makes it essential to hire an experienced premises liability lawyer as soon as possible.
2. Strict Deadlines Apply Under Florida Law
If you wait too long to take legal action after a slip, trip, or fall, you could run out of time. Strict deadlines apply to all types of premises liability claims under Florida law.
3. It Is Up to You to Prove Your Losses
As we said above, it is up to you to prove your losses. If you don’t have clear documentation of the financial and non-financial losses you have incurred (and will incur in the future), you won’t be able to recover the damages you deserve.
4. It Is Important to Be Prepared to Go to Court
While most successful premises liability claims settle, obtaining a fair settlement offer often involves showing that you are prepared to go to court if necessary. If a fair settlement isn’t on the table, you will need to be prepared to fight for your rights at trial.
5. You Can Hire a Florida Premises Liability Lawyer at No Out-of-Pocket Cost
Hiring an experienced Florida premises liability lawyer costs you nothing out-of-pocket. With contingency fee representation, you pay nothing unless you win.
Schedule a Free Consultation with a Florida Premises Liability Lawyer Today
Do you need to speak with a Florida premises liability lawyer? If so, we encourage you to contact us promptly. To discuss your slip, trip, or fall case in confidence as soon as possible, call 305-445-0011 or request a free consultation online today.