Can I Recover Compensation for a Slip and Fall?

Many people think of slip-and-fall cases as “minor” injuries, but the fact is that these accidents can be as physically harmful as a car crash. Depending on the circumstances, the height of the fall, and the part of the body that is injured, you could suffer permanent disability from a slip-and-fall accident. It is important to treat slip-and-fall accidents seriously and to do everything possible to protect your rights, find the best slip-and-fall accident attorney available, and recover damages for your injuries.

What is a slip-and-fall accident?

Most people think of slip-and-fall accidents as something that happens when someone slips on a wet spot on the floor and falls to the ground, possibly sustaining bruises or other minor injuries. Certainly, these types of slip-and-fall accidents do happen; however, this is not the only type of slip-and-fall mishap that occurs. It is also possible to sustain major trauma from a slip-and-fall accident, particularly if you fall from one height to another.

Different types of slip-and-fall accidents

Slip-and-fall accidents can be divided into two groups: same-level and different-level falls. Both are capable of causing serious trauma.

• Same-level falls: Occur when a person falls to the ground or floor on the same level as that on which he or she was standing. This is the typical slip-and-fall case and can be caused by a wet floor, an icy patch of ground, or by tripping over something that is lying in the walkway.
• Different-level falls: Occur when someone falls from one height to another. This type of fall occurs when someone takes a tumble down the stairs, falls off a ladder or a loading dock, or even falls “up” the stairs.

No matter how the fall occurs, if it is caused by someone else’s negligence, that person may be required to pay your medical bills and other expenses.

What type of negligence causes slip-and-fall accidents?

Negligence is the failure to use reasonable care to prevent harm to others. Property owners have a duty to protect those on their premises from undue danger, including surfaces that can lead to slip-and-fall accidents. For example, store owners have a duty to protect their customers from slipping and falling on wet floors, up or down escalators, or from one floor level height to another.

If you have been the victim of a slip-and-fall accident, contact the attorneys at Bernstein & Maryanoff in Miami today for more information on protecting your rights and possibly collecting compensation for your medical bills and other expenses.

What damages can be recovered in a slip-and-fall accident?

The most common types of damages that can be recovered include economic damages, non-economic damages, and punitive damages.  

Economic damages

Economic damages include any type of monetary compensation for any injuries or harm resulting from the accident. Economic damages can often be calculated to the exact dollar amount. Some of the most common types of economic damages in a slip-and-fall case include: 

• Lost wages/career/earning capacity
• Medical bills associated with the accident 
• Permanent injury or disability
• Needed accommodations for permanent injury or disability

Non-economic damages

Unlike economic damages, non-economic damages include any type of monetary compensation for any harm or injuries that cannot be determined by a dollar amount. Some common types of non-economic damages include: 

• Pain and suffering
• Loss of enjoyment of life
• Emotional anguish 
• Loss of consortium

Punitive damages

Punitive damages differ from economic damages and non-economic damages in that they are not a typical form of compensation in a civil lawsuit. Rather, punitive damages are meant to highlight the defendant’s negligence and seek more than just compensatory justice for the victim. Punitive damages are used to punish the victim and prevent others from committing the same wrongdoing. 

What factors go into determining how much I can get?

There are plenty of factors that go into determining how much compensation you may receive as a result of your slip-and-fall accident. These factors typically include the severity of the injury, the cause of the injury, to what extent the defendant was negligent, and how severely the injury impacts the plaintiff’s life. Since there are so many factors that can impact the settlement amount, it’s important to discuss the potential factors with your slip-and-fall attorney to have a deeper understanding of how much you may be compensated for. 

Is there a limit on slip-and-fall damages that can be recovered?

Since many elements must be taken into account when determining the amount of damages you may be eligible for in your slip-and-fall lawsuit, it’s important to discuss with your slip-and-fall attorney whether there may be any limits on how much you can recover personally. An experienced slip-and-fall attorney, such as the ones at Bernstein & Maryanoff, can guide you through this process and help you understand what to expect in your settlement.

How long do I have to file a slip-and-fall injury claim?

Like any other type of lawsuit, Florida has a statute of limitations on slip-and-fall cases. For a slip-and-fall case to be brought in Florida, the claim must be filed against the property owner within four years of the date of the accident.

How can an attorney help me with my slip-and-fall case?

Our legal team at Bernstein & Maryanoff uses their experience to help you understand your rights and guide you through the confusing process of your slip-and-fall lawsuit. Our attorneys never settle for anything less than maximum compensation and zealously advocate for your rights regarding your personal injury lawsuit. 

Sources: 

General Damages Definition. (2023).

Goguen, D. (2023). Florida Slip and Fall Laws.

Punitive Damages Definition. (2023). 

Special Damages Definition. (2023).