Although you may want to move on with your life quickly, some parking lot accidents caused by potholes can have severe physical impacts on your body and finances. Fortunately, there is legal recourse that you can explore through the help of Miami potholes in parking lots lawyer. Reach out to Chalik & Chalik Injury Lawyers to start filing a compensation claim.
Call us at (305) 944-2035 for information regarding submitting a personal injury claim against the at-fault parties. After a parking lot accident, you may want to hire a lawyer to establish whether there are compelling grounds to push on with a legal compensation claim.
Parking Lot Slip and Fall Injuries for Which We Can Pursue Compensation
Any form of fall can result in severe injuries, particularly for the elderly. Potholes in parking lots can make you slip, fall, and suffer several types of injuries, such as:
- Cuts and lacerations
- Traumatic brain injuries
- Back and neck injuries
- Spinal cord injuries
- Broken hips
- Fractured bones
Severe injuries suffered in such an accident—such as spine and brain injuries—can lead to lengthy recovery times and substantial medical expenses. Therefore, if you or your family members are involved in a parking lot accident that resulted from the owner’s failure to repair the potholes, you can file a personal injury lawsuit to pursue your expenses and other damages.
It is essential to determine all the parties responsible for keeping the parking lot safe. This way, you will know the percentages of liability to assign the at-fault parties. A Miami potholes in parking lots lawyer can help you accomplish this.
What You Need to Know About Filing a Pothole Injury Claim
If you sustained injuries in a parking lot accident, you will need to prove that the owner owed you a duty of care, and that their negligence has a direct correlation with your injuries. Your lawyer will help you demonstrate that it was not easy to see the pothole, and the at-fault party had not placed relevant warning or cautionary signs around the pothole.
Furthermore, the lawyer can show that the pothole was not a recent formation and that the parking lot owner knows or should have known about the hazard’s presence on their property.
Chalik & Chalik Injury Lawyers is ready to help you prove your pothole injury claim. Contact us at (305) 944-2035 for more information.
How a Lawyer Can Fight for You
If a property owner fails to keep their roadways, sidewalks, and parking lots in good condition, you may be able to recover compensation if you get injured on their property (as the property owner did not make the appropriate safety measures and timely repairs).
A lawyer can fight for you, as property owner’s insurance company may offer you a low settlement amount that cannot cater to your damages. A lawyer can negotiate on your behalf so that you do not need to take time away from your recovery. We are also prepared to gather all available evidence to support your testimony. We can:
- Visit the scene of your accident
- Seek video/CCTV security footage
- Take photos of the offending pothole
- Seek out eyewitnesses and expert witnesses to support you
- Compile medical documents and accident reports
We will look into any public records to verify whether the defendant has a history of failing to maintain their premises—and whether any other visitors have filed complaints or lawsuits in the past for injuries similar to yours.
A lawyer can also prove liability for you. If you decide to represent yourself, proving that the property owner was negligent will fall on you. We can establish that:
- The property owner owed you a duty of care.
- The property owner violated this duty of care.
- This violation caused or contributed to your accident.
- The accident caused you injuries or damages.
What to Do After a Pothole in a Parking Lot Accident
Collecting evidence from the accident scene immediately after it occurs is vital. Take smartphone or camera pictures before the proprietor repairs, covers, or seals the pothole. If you cannot do this, request that a friend, family member, or eyewitness to do it for you. Soon afterward, make the accident report with the property owner, business manager, supervisor, or employee in charge.
Potholes are common on some streets in Miami. However, they can pose a considerable risk, mainly when they are located in places with substantial foot traffic. Both public and private property owners are expected to act appropriately to repair or warn people about risky conditions.
However, some owners ignore the risks that dangerous conditions on their properties pose to visitors, thus bringing forth the need for legal reparation when accidents occur. Under § 95.11 of the Florida Statutes, you may be eligible for compensation if you can file a lawsuit within four years of your injury. You may not need to file a lawsuit, however. A lawyer may be able to negotiate a settlement out of court on your behalf.
Speak With a Miami Potholes in Parking Lots Lawyer
At Chalik & Chalik Injury Lawyers, we will help evaluate your accident and the impact and severity of your related injuries. We will provide you with all legal options for pursuing justice for your injuries.
It is important that you understand the nature of your claim. Depending on why you were on the defendant’s premises—and whether or not you had permission to be there in the first place—you may not be able to pursue damages (as affirmed by § 768.075 of the Florida Statutes). In the state of Florida, trespassers are not considered a party that a property owner has to protect. If you were not allowed on the defendant’s property at the time of your injury, you may not be able to pursue damages for your losses.
Have you been injured as a result of a pothole in a parking lot? You might be eligible for compensation for your injuries and damages. Call us at (305) 944-2035 for a consultation where we can discuss your rights dependent upon your status as a visitor (or trespasser) at the time of your injury.