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Wesley Chapel
Slip & Fall Accident Lawyer
It can happen to anyone: you’re shopping at a store. Their employees have recently cleaned up a spill. Not noticing the wet floor, you slip and lose your footing. These types of accidents are described colloquially by personal injury lawyers as “slip and fall accidents.” More formally, they are categorized as premises liability cases in the area of personal injury law. In the absence of signage to warn customers of the condition, the store may be required to compensate slip and fall accident victims. Couture represents people who are injured in slip and fall accidents.
Compensation for a Florida slip and fall accident
Depending on the conditions that caused your accident, you may be feeling uncertain about whether you are entitled to receive compensation for your injuries. A victim’s entitlement to get paid for a slip and fall accident depends on the other party’s behavior. For example, if your accident occurred in a place of business, the party that is in charge of the premises may be at fault. In most cases, this party is the business owner, property owner, or a designated manager. Florida courts consider the owner or manager to be at fault if he or she fails to take reasonable action to people who come to the property from foreseeable harm or injury.
In a slip and fall accident that takes place in a store, the business owes the people who are in the store a duty to protect them from slippery floors by warning the people of the condition. You may be familiar with the brightly-colored “Wet Floor” signs businesses often place on the floor to warn customers of a spill or recently mopped surface. Businesses are also required to take reasonable steps to prevent accidents by eliminating hazards altogether. For example, stores may block an aisle off from customer access if there is broken glass present or if the shelf is being restocked. For this reason, most businesses also clearly label areas that are for employees only because employee areas may house equipment and other things that may be hazardous to the untrained public. Failure to take any of these steps may expose a business to liability in a personal injury case if the resulting hazard causes an accident. If a Florida court finds that the business is liable, the business may also be required to pay the victim for his or her injury.
Slip and fall accident injuries
People often mistakenly believe slipping and falling on a flat surface can only cause minor injuries. However, depending on several factors, the fall may cause severe injury. Some examples of important factors include:
- the victim’s personal characteristics
- the surface material
- the cause of the fall
- the angle at which the victim lands
It’s also important to note that not all slip and fall accidents occur on a flat, interior surface with finished flooring. The resulting injuries can be even more severe if the fall occurs:
- on stairs
- on an icy surface
- in a parking lot
- in a dimly-lit area
The Florida slip and fall lawyer at Couture will help you get the medical attention you need to document your injuries and build a case to establish the cause. Getting medical attention immediately after a slip and fall accident may directly impact the strength of your case. Documenting your injury may limit the other party’s ability to argue that something else caused your injury. Nevertheless, accident victims are sometimes unaware of their legal rights and the extent of their injury until a later date. You may still be able to file a successful slip and fall claim in Florida as long as you take action within the state’s two-year statute of limitations.
Common types of premises liability injuries
When a slip and fall accident causes minor injuries, the victim may experience bruising and possibly cuts, scrapes, or scratches. If pain accompanies the physical signs of injury, it may resolve within a few days to a few weeks without major medical intervention. In many cases, however, slip and fall accidents cause moderate to severe injuries like:
- broken bones
- sprains and strains
- head injuries
- spinal injuries
- severe internal bruising
A slip and fall accident can even result in paralysis or death. Cases that involve more severe injuries require additional medical intervention. The victim may need long-term medical care and support. Beyond the physical injuries, victims who have severe injuries are also more likely to experience intangible damages like emotional distress and lifestyle changes. These victims are generally able to receive larger pretrial settlements or judgments if the case goes to court. Your slip and fall accident lawyer can help you estimate how much compensation you may be able to receive if you decide to file a claim.
Types of damages in Florida slip and fall cases
Courts divide personal injury damages into different categories. Compensatory damages are intended to make the accident victim whole. Examples of compensatory damages include:
- lost income due to missing work
- future lost income
- medical expenses
- future medical expenses
- loss of consortium
Injured plaintiffs may also be entitled to compensation for emotional distress and pain and suffering. Florida slip and fall attorneys often have to take a slightly different approach to proving these types of intangible damages. A personal injury attorney will typically introduce evidence of the victim’s mental health and psychological state. Evidence may include testimony from the victim’s doctor or counselor, statements from family members and friends, proof of decline in job performance, or even documents that show that the victim is currently undergoing mental health treatment. Family members are sometimes entitled to compensation if they have experienced emotional damages as a result of the victim’s injury or death.
Punitive Damages are designed to “punish” the defendant if he or she behaved egregiously and to discourage others from repeating the defendant’s behavior. Each state has laws regarding the percentage of punitive damages courts may pay directly to the plaintiff.
Required elements in a premises liability case
Florida law requires slip and fall accident victims who file a claim in court to prove a few key elements. Slip and fall accident cases are generally negligence-based claims in Florida. Therefore, the victim’s attorney must prove:
- the defendant owed a duty to keep the plaintiff safe
- the defendant breached the duty by behaving negligently
- the defendant’s breach a duty resulted in the plaintiff’s injury
- the plaintiff suffered damages as a result of the injury
If your attorney successfully proves all four elements in your case, a Florida court may award you compensation for your injuries. However, Florida courts apply the theory of comparative negligence to slip and fall cases. Unlike pure negligence, which calls for the plaintiff to receive 100% of the compensation awarded for his or her damages, comparative negligence adds an important twist to slip and fall accident cases in Florida.
How comparative negligence works
The theory of comparative negligence requires a judge to adjust the plaintiff’s award amount after the court finds that the defendant was at fault. In the process of determining fault, the court must also assign a percentage of fault to each party. For example, a court may find that the plaintiff contributed to 10 percent of the fault in the accident by running on a slippery floor. The defendant will be ordered to pay the plaintiff 90% of the amount of the plaintiff’s damages. Under Florida’s comparative negligence system, a plaintiff may still receive compensation if a court determines that he or she was more than 50% at fault in the accident. In fact, a defendant may be ordered to pay the plaintiff even if the plaintiff was 99% at fault in the accident.
Determining percentage of fault is a relatively subjective process. Having a strong Florida slip and fall accident attorney on your side can maximize your judgment amount.
Filing a claim for a slip and fall accident
The first step toward filing a claim to receive compensation for a slip and fall accident is to contact a Florida personal injury lawyer. Attorneys each have their own sets of strengths, weaknesses, and practice preferences. Therefore, you will be more likely to win a favorable outcome if you choose an attorney who is especially experienced in slip and fall accidents and prefers to handle those types of cases. You may have to speak to several different attorneys and law firms before you find the right one. We encourage you to contact Couture and to give us the opportunity to win your business! After you and your attorney decide that you will work together, your attorney will most likely contact one or more parties who may be at fault for your accident. Settlement negotiations generally begin at this point. Your attorney will request a fair and equitable settlement amount to cover your damages. The opposing party may accept the offer, submit a counteroffer, or simply reject the initial request. Both parties may go back and forth with potential settlement numbers until the parties reach an agreement. Your personal injury lawyer will always ask your permission before accepting an offer.
Personal injury cases often end during the settlement phase because both parties often prefer to resolve the matter outside of court. Litigating a case in court is a lengthy process that requires more money on both sides. However, if the parties are unable to reach a settlement agreement, the plaintiff may continue to pursue the claim in court. Our goal is to save time and money by resolving cases in our clients’ favor outside of court. However, we are always prepared to fight in court for the accident victims we represent if litigating a case is the best option.
What to do after getting hurt
The steps you take immediately after a slip and fall accident can have a lasting impact on your potential case. Therefore, it’s important for accident victims and the people around them to know what to do. If you slip and fall on someone else’s property, do the following to the best of your ability.
REQUEST MEDICAL ASSISTANCE
Your health is priority number one. Therefore, the first call you or someone in the area should make after a slip and fall accident should be to emergency medical personnel. Even if you don’t feel like you need ambulance assistance, go directly to a medical care provider, and request an exam. Injuries from an accident often take days or even weeks to produce unignorable symptoms. In some cases, the hidden injuries may be severe and even life-threatening.
DOCUMENT THE ACCIDENT SCENE
If possible, take photos of the accident scene, or have someone who is onsite do so for you. Your photos may reveal the exact nature of the hazard that caused your injury. Also having thorough photos of the surroundings can alleviate the stress you may feel later when you’re less likely to remember everything when telling your side of the story.
COLLECT CONTACT INFO FROM WITNESSES
If there are eye-witnesses to your accident, be sure to request their contact information if you are able to do so. Witnesses can often fill in missing details about the accident and weight and credibility to your case when you file your claim.
DO NOT ADMIT FAULT
You may feel compelled to apologize or comment on your own behavior at the scene of the accident. The best practice is to avoid speaking about the accident itself if you do not have an attorney present. Speaking negatively about your actions may later be used by the opposing side to reduce your award amount by arguing that you were also at fault in the accident.
Get legal help when you need it most
After requesting medical attention, the next call you can make after an accident should be to a personal injury lawyer in Wesley Chapel. We have the experience and expertise you need on your side to win. Call us today to learn more!
