Slip and fall accidents that result from cluttered walking spaces are sometimes jarring and damaging. As a result of the accident, you can break your bones or even lose your life. If you are in such a situation, call (305) 944-2035 to get a free consultation regarding how to seek compensation from the parties at fault. At the Chalik & Chalik Injury Lawyers, a Miami cluttered walking spaces lawyer can represent you in your fight for fair damages.
After such an accident, holding the parties at fault responsible for their actions can help you get the compensation and closure you deserve.
Insight into Slip and Fall Cases
The journal PLOS One reports that falls are the leading cause of injuries in the US. Such injuries are often the fault of a third party’s negligence.
According to the Florida Department of Health, unintentional falls are the leading cause of injury-related deaths among senior citizens aged 65 and older in Florida. Additionally, it is the fourth leading cause of injury-related death for Florida residents. Some other people that are at risk of slip and fall accidents in Miami are employees of various establishments.
Florida works under a pure comparative negligence rule, which means that the court decides the percentage of blame to assign to the victim and the defendant. Therefore, the party at fault can always make several claims to reduce the value of your settlement.
Some of the claims that a defendant can make include:
- Arguing that the victim was not allowed to be in the area where the injury occurred
- Saying that reasonable steps to protect the victim were already in place
- Claiming that the victim did not exercise caution
The court may reduce the value of the settlement if you are found liable for a certain percentage. In such a circumstance, engage a lawyer to help you fight for compensation.
Proving Liability for a Compensation Claim
Typically, the parties at fault will not agree to award you anything before you prove to them (and the courts, if necessary) that they indeed contributed to your injury. It is at this point that you may want the help of an attorney.
In any personal injury case, there are four elements of negligence that you must prove before getting compensation:
- Duty of Care: A facility owner owes a duty of care to all occupants, meaning that they must ensure the facility is free from hazards, such as cluttered walking spaces.
- Breach of Duty: Failure to ensure that the facility is free from any potential hazards is a breach of the duty of care.
- Causation: This refers to the point where you sustain injuries and other damages due to the cluttered walking space.
- Actual Damage: These are the financial and emotional expenses, such as medical bills and loss of wages, that victims incur due to the injury.
You may want the help of a Miami cluttered walking spaces lawyer to prove that the party at fault did not follow the standard regulations of care. For example, your attorney will show that the property owner was aware of the cluttered walking spaces but did not correct the situation or warn you of the hazard.
Potentially Recoverable Compensation
A cluttered walking space can cause serious injuries that can lead to many problems, including broken bones, fractures, and spinal cord injury. As such, the party at fault may be liable for several damages, such as:
- Medical expenses
- Lost wages
- Loss of future earnings
- Pain and suffering
- Mental anguish
If you lose a loved one in Miami due to such an accident, you may be entitled to obtain compensation for the loss of companionship and wrongful death. For more information regarding the types of compensation you can receive, call us at (305) 944-2035 today. Chalik & Chalik Injury Lawyers will advise you throughout the case.
What to Do After a Cluttered-Walking Space Accident
Everything you do after you sustain injuries is critical, as it can help or hurt your case. We recommend that you take several essential steps immediately after a slip and fall accident to safeguard your rights, like:
- Take photos or videos of the accident scene, such as objects on the path where you fell
- Identify the witnesses and their contact information
- Seek immediate medical attention for your injuries
- Do not give out any information in the absence of an attorney
- Call us to investigate the case and fight for your compensation
Why You May Want to Retain a Miami Cluttered Walking Spaces Lawyer
Usually, slip and fall claims are difficult to navigate unless you have enough knowledge about similar cases. To prove liability and prevent insurance companies from limiting how much you receive, you may want to work with a legal representative with detailed knowledge of the Florida personal injury law.
An attorney will help to prove liability and save you from the stressful process of showing that the defendant is responsible for your injuries. If you are suffering from a severe injury, engaging an attorney will provide peace of mind as you can entirely focus on your recovery.
A legal professional from the Chalik & Chalik Injury Lawyers will assist you in validating your claims and will handle the negotiations for a fair settlement.
Contact Us Today to Learn More About How We Can Help You
Are you suffering from an injury caused by a cluttered walking space? Do not suffer in silence, as the Chalik & Chalik Injury Lawyers can help you get the justice you deserve. Speak with a lawyer for legal assistance. Call us today at (305) 944-2035 for a free consultation.