Miami Slip and Fall Attorneys

What Is A Slip-and-Fall Accident?

In a legal context, ‘slip and fall’ is a term that encompasses several types of falls, including slip and falls, trips and falls, stumbles and falls, and steps and falls. While the distinction between slipping and tripping may be apparent, differentiating between a stumble and a step and fall may be trickier. In legal terms, all are classified as slip-and-fall accidents. 

These accidents occur when something affects a person’s ability to move safely. A person could slip on a wet surface and fall, or they may fall because a step is at a different height from the other steps around it, and they lose their balance. Slip-and-fall accidents may become legal matters if a property owner or manager takes no steps to address unsafe conditions on their property and a person slips and falls due to their inaction.

Are Slip-and-Fall Cases Hard To Win?

Every legal claim is distinct, and whether it’s challenging to prove your slip-and-fall case depends on several factors. The more evidence you can present that establishes that the property owner or manager knew or should have known about a safety hazard, the easier it will be to win your case.

Accident injury victims often struggle with shock and grief after an unexpected injury. You may also need rest and medical care while you recover. Suppose your injuries affect your ability to work or perform routine tasks at home. In that case, you may have financial challenges and find yourself coping with frustration because your injuries are interfering with your life. It may be difficult to focus on preparing a case while dealing with your injuries.

That’s one of the reasons you should hire a slip-and-fall lawyer. Your attorney can handle the legal steps and case preparation while you focus on your recovery. An experienced legal team handling your case improves your chances of a successful outcome.

How Bernstein & Maryanoff Injury Attorneys of Miami Can Help

Slip-and-fall injury claims are complex and involve several steps that can be overwhelming for those who don’t have legal experience. An attorney provides expert services that will ensure your claim is successful, including:

• Conducting a full investigation to determine the cause of your accident
• Gathering evidence to build a strong case and prove negligence
• Consulting with experts, including construction and medical professionals
• Identifying witnesses and collecting statements
• Fully valuing all your damages
• Filing your personal injury claim on your behalf
• Negotiating the maximum settlement for your claim
• If necessary, go to trial and present your case to the jury

With strong legal representation on your side, you don’t have to worry about insurance companies pressuring you to take less than you deserve. Call Bernstein & Maryanoff Injury Attorneys to learn how we can help you get the support you need.

What Causes Slip-and-Fall Accidents? 

Although a slip-and-fall accident involves anything that causes you to lose your footing and fall, some common sources of slip-and-fall accidents lead to serious injuries and lawsuits. These causes include the following:

• Clutter
• Damaged railings
• Damaged ramps
• Loose rugs or floorboards
• Misplaced objects
• Obstacles
• Poor lighting
• Slippery surfaces 
• Uneven surfaces 
• Wet floors 

Common Places Where Slip-and-Fall Accidents Occur

Some common places where slip-and-fall accidents occur include the following:

• Gas stations
• Grocery stores 
• Nursing homes
• Malls
• Parking lots
• Pools
• Restaurants
• Sidewalks

How Serious Does an Injury Need To Be To File a Claim?

You must suffer from serious injuries to justify a slip-and-fall claim. Although Florida’s serious injury threshold applies to car accident lawsuits, your injuries will still justify a slip-and-fall claim if you meet the threshold. Per the serious injury threshold, the claimant must have suffered one or more of the following:

• Death of a loved one
• Disfigurement
• Permanent impairment of a bodily function
• Permanent physical injury
• Scarring

Since the serious injury threshold does not apply to slip-and-fall accidents, you may have grounds for a claim if your accidents cause temporary disability, require long-term treatment, or significantly impact your ability to work, pursue hobbies, or enjoy routine activities. You will benefit from discussing your situation with an attorney because slip-and-fall lawyers are familiar with existing case law and legal precedents that could justify your lawsuit and support your case.

Common Slip-and-Fall Accident Injuries

Several factors affect the severity and nature of slip-and-fall accident injuries, including the location of the incident, the height of the fall, and objects in the area. However, some injuries are common, including the following:

• Broken bones
• Bruises
• Concussion
• Joint dislocations
• Lacerations
• Nerve damage
• Soft tissue injury
• Spinal cord injury (SCI)
• Traumatic brain injury (TBI)

Although bruises may fully heal within weeks, and broken bones may mend within a few months, severe injuries may require years of treatment. A spinal cord injury could require one or more surgical procedures or cause permanent damage. Traumatic brain injuries may also be permanent. 

What Should You Do After a Slip-and-Fall Accident in Miami?

After being injured, what you do next will help you get the medical care you need and give you the best chance of recovering the maximum amount for your losses. If you or a loved one were involved in a slip-and-fall accident, you should:

1. Seek immediate medical treatment: You should not only protect your health by getting medical care as soon as possible, but seeking care right away documents your injuries and connects them directly to the accident
2. Report the accident: You need to inform the property owner of the incident. You should fill out an accident report yourself or request a copy if the owner or a police officer completed the accident report.
3. Document the accident scene: If you can, take photos of where the accident occurred and your resulting injuries. Also, any contact information from witnesses should be collected if possible.
4. Avoid social media: With the frustration and pain that comes after an accident, it can be tempting to share your experience online. However, your social media activity can actually hurt your case. You should avoid discussing your accident until the case is settled.
5. Keep documents organized: To file a successful claim, it’s essential to have documentation, including medical bills, correspondence from insurance companies, and other expenses related to your accident
6. Speak with a slip-and-fall attorney: To know the value of your case and how to file your claim, consider consulting with an accident lawyer

A free consultation with our Miami personal injury attorneys can help you understand your rights and what steps to take to bring a legal claim for compensation. The responsible party should be held liable for their negligence, and we can help you fight for the maximum settlement for your claim.

What Must I Prove To Collect Damages?

Suppose you walk into a grocery store, slip on a wet surface, fall, hit your head, and suffer a TBI. Since you suffered permanent brain damage, you’re unable to continue working, and your injury affects your quality of life.

Those factors aren’t enough to justify a slip-and-fall claim and receive damages. You must be able to prove negligence to establish legal grounds for your case.

Proving negligence involves demonstrating four critical factors needed to justify a slip-and-fall claim:

Duty of Care

You must demonstrate that someone was responsible for taking steps or avoiding actions that could cause harm. Think of the grocery store scenario referenced above. It can be argued that the store’s manager has a duty of care to their patrons and employees. This duty of care involves ensuring the safety of those who enter their store. 

Breach of Duty

Suppose the store manager saw an employee mopping up water and ordered them to stop and do something else. The employee and manager then walked away and did not set out ‘wet floor’ signs to warn people about the safety hazard.

Causation 

Causation connects the at-fault party’s breach of duty and your injuries. Establishing causation means you establish that you received injuries and have suffered because the at-fault party breached the duty of care.

Damages 

You must demonstrate that your injuries have taken a financial toll, such as causing lost income if you cannot work or resulting in expensive medical bills. 

How Much Is a Slip-and-Fall Case Worth? 

Most slip-and-fall cases involve seeking economic and non-economic damages. Calculating the precise cost is a complex process, and an experienced slip-and-fall lawyer can help you determine how much to seek when filing your claim.

Economic Damages

Monetary damages are straightforward calculations of past and future costs caused by your accident injuries. These damages vary based on your situation; a person who cares for minor children and older parents may have additional expenses if they can no longer provide that care. In contrast, a person without children may not have those responsibilities. Suppose a person has to use a wheelchair because of their injuries. In that case, they may need to move to a new home that’s wheelchair accessible or remodel their existing residence. Since economic damages vary from person to person, it’s best to discuss these with your attorney to ensure you include all reasonable costs. Common reasons for economic damages include the following:

• Burial and funeral expenses
• Childcare bills
• Home care aide costs
• House cleaning costs
• Job retraining
• Lost income
• Medical bills
• Reduced earning potential
• Relocation or remodeling costs
• Medical bills
• Property damage costs
• Transportation costs

Medical bills include past and future treatments, including physical therapy and counseling. 

Non-Economic Damages

Non-monetary damages go beyond reimbursing you for past and future injury-related bills. These damages provide compensation for the way your accident affects your life. Grounds for non-economic damages include the following:

• Anxiety
• Depression
• Grief
• Loss of consortium
• Loss of quality of life
• Pain and suffering
• Phobias
• Physical disfigurement
• Post-traumatic stress disorder (PTSD)
• Trauma

Any mental health challenges can be grounds for non-economic damages if a mental health professional diagnoses them. You can claim therapy costs with your economic damages. In contrast, the non-economic damages recognize your challenges’ negative impact on your professional and personal life and compensate you accordingly. The more significant the impact, the more compensation you can justify. 

Suppose you slip and fall at work and develop a phobia and PTSD. Consequently, you aren’t able to return to your work and struggle to leave your home for personal activities. While the loss of income justifies economic damages, the way your mental health challenges interfere with your social life and ability to do things like go to the store justifies non-economic damages.

Punitive Damages

Punitive damages apply to claims when there are grounds to establish the at-fault party is guilty of gross negligence. Your attorney can determine whether there is justification to seek punitive damages during their accident investigation. Gross negligence exists when a person takes deliberate actions despite knowing there is a high probability that those actions would harm another. It also exists if a person deliberately avoids taking actions required to prevent harm to another. 

Who Pays the Damages?

Slip-and-fall claims are premises liability cases. The at-fault party’s insurance company pays the settlement or judgment. Consequently, the compensation they’re willing to offer during settlement negotiations may depend on the amount of coverage the at-fault party’s insurance policy has.

If the at-fault party is underinsured, it is possible to seize assets to secure compensation. This process can be more complex and time-consuming than securing a settlement through their insurance policy. 

How Long Do I Have To File a Slip-and-Fall Claim in Miami?

Florida’s statute of limitations for slip-and-fall claims gives you 24 months to file a lawsuit. Although there are grounds to extend the deadline, the 24-month window applies in most cases. 

Let the Experienced Slip-and-Fall Attorneys at Bernstein & Maryanoff Injury Attorneys Fight for You

After a preventable accident suddenly changes your life, it can be hard to know where to turn. You need legal representation but don’t know who to trust or how to get started.

With decades of experience representing injury victims in Miami and throughout Florida, Bernstein & Maryanoff Injury Attorneys’s personal injury lawyers have a record of successful settlements and verdicts for our clients.

Our leaders, Jack Bernstein and Neil Maryanoff, put their combined experience of more than 75 years to work for you. They personally oversee each case as our entire legal team fights for you. With this kind of experience, you know you can trust our attorneys in Miami.

Every accident is unique. Depending on the details of what happened and who is responsible, your case could be very different from another slip-and-fall claim. To learn more about what your case may be worth and how our attorneys can help, call us today to discuss your case.

Our Miami Personal Injury Law Firm Location

Bernstein & Maryanoff Injury Attorneys
9415 Sunset Dr
Suite 226
Miami, Florida 33173

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Toll-Free: 1 (800) 429-4529
E-mail: Jack@BernsteinandMaryanoff.com

Sources:

Bone Fractures. (2022). 

FLA. STAT. § 768.0755.

Spinal Cord Injury. (2023). 

The 2023 Florida Statutes (including Special Session C) 627.737. (2024).