Are Slip-And-Fall Cases Hard To Win?

A slip-and-fall injury can be a difficult time for anyone to go through, regardless of the extent of your injuries and the severity of the accident. These types of falls can often result in severe injuries that can make it difficult for victims to return to their daily routines and evidently result in high medical bills. 

Regardless of the stress and emotional turmoil that may come with being the victim of a slip-and-fall accident, one of the most important things you can do is contact a slip-and-fall attorney right away to understand your rights and begin working on your legal argument. 

The slip-and-fall accident lawyers with Bernstein & Maryanoff Injury Attorneys in Miami have the skills and experience to help you get justice after a slip and fall. If you are seeking legal representation for your own slip-and-fall incident, let our attorneys help you understand your rights and fight for the maximum compensation you need and deserve, allowing you to confidently pursue legal action.

Slip-And-Fall Accidents Are a Common Occurrence

Given the wide range of locations in which a slip-and-fall accident can occur, it’s not surprising to learn that these types of incidents are a common occurrence. In fact, slip-and-fall accidents are among the most common types of personal injury claims filed within the United States, as well as one of the leading causes of emergency room visits every year.

Common causes of slip-and-fall accidents include: 

• Wet surfaces
• Uneven surfaces
• Defective sidewalks
• Potholes
• Poorly constructed stairs
• Torn carpet
• Recently waxed surfaces

Given how common these cases are, it’s no surprise that our experienced attorneys are confident in their skills to ensure you reach the highest possible settlement available for your injuries. 

To Win a Slip-And-Fall Case in Florida, You Must Prove Negligence

Like any personal injury case, you must be able to establish the elements of negligence. By establishing that the opposing party was negligent in causing your injuries, you are likely to have a successful outcome in your personal injury case. Specifically, in a slip-and-fall case, the elements of negligence you are seeking to prove include the following: 

• The slip-and-fall happened due to someone’s negligence
• The accident resulted in injuries
• The injuries suffered created a financial cost to the injured party

An experienced personal injury lawyer will be able to assess your claim in order to determine whether your claim satisfies the elements of negligence necessary for success. If you are wondering whether the facts of your case satisfy these elements, it is a good idea to schedule a free consultation with a personal injury attorney to discuss whether you are likely to be compensated for your injuries. 

Florida Premises Liability Laws and an Owner’s Duty of Care

In any personal injury case, if the defendant fails to abide by their duty of care, they will likely be found liable for any injuries that result from this lack of care. Duty of care in a personal injury case typically consists of specific landowner duties. In Florida, the premises liability laws and an owner’s duty of care include: 

• The owner must ensure the property is safe
• The owner must correct any dangerous conditions as soon as possible
• If a dangerous condition exists, the owner must warn visitors and attempt to prevent injuries from happening
• Failing to ensure the property is safe in a reasonable way can be shown to be negligent

If a landlord fails to abide by any of these duties and, as a result, causes a visitor on their property to sustain an injury, they will likely be held liable for such damages.

Florida’s Comparative Negligence Law May Hold You Partially Responsible and Limit the Damages You Are Entitled To

Under comparative negligence law, the injured victim may still be able to recover damages and receive compensation for their injuries even if it is established that they are partially at fault. In contrast, in states that rely on pure comparative negligence, the compensation is reduced based on the victim’s percentage of fault. In modified comparative negligence states such as Florida, on the other hand, the victim is permitted to obtain compensation if the other party is over 50% at fault for the victim’s injuries.

Related: Can I Switch Lawyers in a Personal Injury Case?

Protect Yourself After a Slip-And-Fall Accident

Following a slip-and-fall accident, it’s essential to ensure you take the appropriate steps afterward to not only care for yourself but also set yourself up to get the best chance of receiving maximum compensation for your damages. The following steps are necessary to set yourself up for the best chance of success: 

Gathering Evidence at the Scene of the Accident Will Help Your Case

Gathering evidence is essential to your success in any personal injury case, and there are many ways to collect evidence that can be of assistance to your legal representation. Some of the most important evidence you can collect early in the process of your slip-and-fall case include: 

• Taking photos of the area
• Making notes to refer back to
• Gathering witness information

Seek Medical Attention Right Away

Seeking medical attention as soon as possible is the most critical step anyone should take in any person’s slip-and-fall case. In addition to seeking medical care, you should also seek to protect your legal interests by obtaining medical documentation pertaining to your injuries that result from the slip-and-fall accident. Having these records on hand is essential for your success in any personal injury case, as they are some of the most relevant evidence you can have regarding your injuries.

Contact an Experienced Premises Liability Attorney

To understand the value of your case, what rights you have, and how to file your claim, consider consulting with a slip-and-fall accident lawyer. A free consultation with our Miami slip-and-fall attorneys can help you understand your rights and what steps to take to bring a legal claim for compensation. 

We believe that the negligent party should be held liable for their recklessness, and we are eager to help you fight for the maximum settlement for your claim.

How a Slip-And-Fall Attorney Can Help You

Slip-and-fall injury claims are difficult and include many steps that can be intimidating for anyone who doesn’t have legal experience. A slip-and-fall attorney provides expert services that will ensure your claim is successful, including:

• Gathering evidence and investigating the situation
• Consult with experts, including medical professionals
• Identify witnesses and collect statements
• Accurately determining your damages
• Handle all of the details of the case and file the claim on your behalf
• Negotiate a fair settlement
• Take the case to court

Having strong legal representation at your side can make a significant difference in the outcome of your case, so be sure to set yourself up for success by contacting an experienced personal injury attorney as soon as possible.

If You Have Been Injured in a Slip-And-Fall Accident, Let the Team at Bernstein & Maryanoff Injury Attorneys Help You

After a traumatic and preventable accident such as a slip-and-fall suddenly alters your life, it can be difficult to determine what you should do next. You need legal representation, but you may not know where to begin in your search for the best attorney for your needs.

With decades of experience representing slip-and-fall victims in Miami and throughout Florida, Bernstein & Maryanoff Injury Attorneys have a record of successful settlements and verdicts for our clients.

Sources:

Comparative Negligence. 

Goguen, D. Preserve Evidence for Your Personal Injury Claim. 

Goguen, D. Slip and Fall Accidents: Proving Fault.