If you were injured when you fell in a gym, you could sue the gym for a slip and fall accident. To sue the gym, you will have to prove they were negligent in some way and that their negligence caused your fall. A local slip and fall lawyer in Fort Lauderdale can explain the elements of negligence and gather evidence that documents it.
A lawyer can also help you recover damages for your injuries. The damages you can sue for include medical bills, loss of income, pain and suffering, and more. Your lawyer will negotiate with the insurance company representing the gym and strive for an out-of-court settlement on your behalf.
What Damages Can You Recover When You Sue a Gym for a Slip and Fall?
According to Centers for Disease Control and Prevention (CDC) research, accidental falls can cause serious injuries, including broken and fractured bones and head injuries. These injuries can leave you with significant medical bills. In addition to treatment expenses, you can also sue the gym to recover:
- Past and future medical bills
- Past and future income loss
- Treatment-related travel costs
- Physical pain and suffering
- Mental and emotional anxiety
- Diminished quality of life
Your lawyer will explain the three types of damages you can recover—economic, non-economic, and punitive. They will also assess and document your damages and determine the monetary value of your insurance claim or lawsuit.
Can You Sue a Gym If a Loved One Was Fatally Injured in a Slip and Fall?
If a family member was fatally injured in, or as the result of, a fall, you could be entitled to wrongful death compensation. These damages could include:
- Funeral, burial, or cremation expenses
- Loss of the decedent’s financial contributions
- Loss of the decedent’s household support
- Loss of consortium and companionship
- Loss of guidance and support
Your attorney will explain who can file a wrongful death action on behalf of your family and which family members can recover appropriate compensation.
How Much Time do You Have to File a Slip and Fall Lawsuit Against a Gym?
In general, you could have as little as two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. Failing to file your lawsuit within the allotted time could prevent you from pursuing compensation at all. This error could leave you with no further legal recourse to compel financial compensation. Your lawyer can help you accurately interpret the filing deadline and understand its importance.
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How do You Prove Negligence for a Slip and Fall Accident at a Gym?
A gym—or any other premises where a slip and fall accident occurs—should be routinely monitored for potential hazards. When they are not, slip and fall accidents typically signal negligence. To prove your fall was the result of negligence, your lawyer will prove the gym:
- Owed you a duty of care
- Failed to meet their duty
- Caused your accident
- Caused financial consequences
You do not have to prove the gym was negligent on your own. Your legal team will investigate your accident and document the elements of negligence with a robust collection of evidence.
What Evidence Proves Your Right to Damages After a Slip and Fall at a Gym?
The majority of personal injury cases are resolved with an insurance settlement rather than a trial. This typically happens based on the weight of the accumulated evidence. A lawyer can build a strong evidence file for you that includes:
- Incident reports from the gym
- Statements from eyewitnesses
- Photos of the location of your fall
- Security camera footage
- Medical records describing your injuries
Additional evidence can include proof of the costs incurred because of your fall. This portion of your case file will include medical bills and proof of your lost income. Your lawyer will usually handle evidence collection while you concentrate on your recovery.
Is It Worth Hiring a Lawyer to Sue a Gym for a Slip and Fall Accident?
While you are permitted to handle your slip and fall case on your own, there are many benefits of hiring a slip and fall lawyer in Florida. Your lawyer will:
- Prove the gym’s owner was negligent and bears financial liability
- Determine and document the monetary value of your case
- Deal with the insurer and their adjuster so you do not have to
- Handle all legal and insurance paperwork and filings
- Update you as your case develops and progresses
Many personal injury lawyers will represent you on a contingency fee basis. They will accept your case at no cost to you and only get paid when they win your case. This fee agreement has two important benefits—it is risk-free for you, and it allows you to avoid a potentially costly delay in investigating your case and filing your lawsuit.
Will a Lawyer Negotiate With the Gym’s Insurance Company for You?
The negotiation process can be intricate and involved. If a lawyer represents you, they will handle the entire process from start to finish, including:
- Proving the value of your compensation request
- Creating and sending a compelling demand letter
- Accepting and reviewing settlement offers
- Making and submitting appropriate counteroffers
The final settlement decision is yours to make, and your lawyer will not usurp your right to do so. They will explain the feasibility of each offer and help you make a well-informed decision.
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Get a Free Review of Your Slip and Fall Accident
If you or someone you love was injured in an accidental fall in a gym, our law firm can help you sue the gym to recover damages. We will investigate your accident and determine the gym’s liability for your slip and fall. Debi and Jason Chalik will work with you directly to build a case for fair compensation.
Learn more about your right to financial recovery. Contact one of our team members at Chalik & Chalik Injury Lawyers to get your free consultation today.
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