Legally, you are not required to hire a lawyer for a slip and fall in Florida. However, having an attorney who understands premises liability law, knows how to negotiate with insurance companies, and can represent your interests in court offers a healthy peace of mind—leaving you to focus on recovering from your injuries.
If you have suffered injuries in a slip and fall, here are five ways a Fort Lauderdale slip and fall lawyer could be helpful to you:
Your Lawyer Can Establish Negligence
Personal injury law requires that you prove negligence led to your injuries. Negligence is typically broken down into four elements. Your Fort Lauderdale personal injury lawyer can investigate your accident to establish that these four elements are present in your slip and fall accident. They include the following:
Duty of Care
The property owner, business manager, or tenant has a legal responsibility to maintain their property. This obligation is stipulated under various Florida statutes. These parties must take reasonable steps to protect you from harm or injury while you are on their property.
Breach of Duty
The responsible party has “breached their duty of care” when they fail to address an unsafe or hazardous condition. They have an obligation to know about the conditions on their property, take prompt action to correct it or notify any visitors of the danger.
When seeking compensation in a slip and fall claim, it will be very important to establish when the responsible party became aware of the condition.
Causation
The accident and your injuries are the result of the breach. You slipped or tripped and fell, suffering injuries. It is imperative that we make a link between the condition on the property and your slip and fall.
Damages
Damages is the legal term for your losses. You suffered injuries, which then led to financial burdens, physical pain and suffering, and possible emotional trauma.
Your lawyer will prove these four elements with the evidence they gather from their investigation, which typically includes:
- Incident reports
- First responder reports
- Witness statements
- Facility maintenance records
- Medical records
- Photographs
- Surveillance videos
- Employment records
Your slip and fall lawyer may also seek the testimony of subject matter experts. Doctors, financial advisors, and accident reconstruction specialists can provide insight into your accident and the effect your injuries will have on your life.
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(855) 529-0269Your Lawyer Can Determine Your Damages
When you experience a slip-and-fall accident, the damages will extend far beyond your doctor’s medical bills. Without proper insight into all the repercussions of your accident, you might be unaware of the full range of damages your case may include. And if you accept a low settlement offer from the insurance company before knowing, it may be too late to be fully compensated.
Through their investigation of your slip and fall, your lawyer can compose a full picture of how your injuries have impacted you economically and non-economically—today and into the future.
Though every accident claim is unique, some of the types of damages your lawyer may demand compensation include the following:
- Medical expenses, including emergency transportation, hospitalization, surgery, and medications
- Physical therapy and rehabilitation
- Ongoing healthcare needs, such as nursing and assistive medical devices
- Household services, including lawn care, childcare, housekeeping, and cooking
- Lost wages, benefits, and bonuses
- Diminished future potential earnings for permanent injuries
- Diminished quality of life
- Loss of enjoyment of life
- Pain and suffering, as well as emotional distress and mental anguish
The settlement value your attorney attaches to these types of damages will be well-researched and documented.
Your Lawyer Can Handle Settlement Negotiations
Once your slip and fall lawyer can prove negligence and understands the full range of your damages, they can take on the task of negotiating a fair settlement from the liable party’s insurer.
The lawyer begins this process by sending a demand letter to the insurance company outlining your damages. The insurance adjuster will reply by either:
- Agreeing to the demands and cutting you a check
- Countering with a (much lower) offer
- Denying the claim entirely
If the reply consists of a counteroffer, the negotiation talks begin, with your lawyer working to get the insurer to settle for an amount that more closely matches your original demand.
If the insurer denied your claim or refused to agree to a fair settlement, the insurer must present reasons for the denial. Your lawyer can then address these reasons with additional evidence.
If the insurance company is unwilling to reach a fair settlement, your lawyer will file a lawsuit against the property owner on your behalf in your local civil court.
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Your Lawyer Can Represent Your Interest in Court
Our team knows how to present and win a case in court. We will file your personal injury lawsuit for your slip and fall accident, along with all aspects of the legal proceeding, including:
- Calling and deposing witnesses
- Filing motions
- Entering evidence
- Negotiating with the defendant’s lawyers
- Litigating your case on your behalf
However, you must contact us before the statute of limitations expires. Under Florida Statutes § 95.11, you typically have two years to file your lawsuit. If this deadline passes, the courts will bar your case, and you may be unable to seek fair compensation in your case.
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(855) 529-0269Your Lawyer Can Manage Legal Complexities
Due to the conditions that must be met, slip-and-fall cases can quickly become complicated. For example, the defendant might try to blame you for the accident and your injuries. Under Florida’s modified comparative negligence law, if you are greater than 50 percent at fault for an accident, you are barred from recovering any compensation. Even if you are less than 50 percent, your compensation is reduced by the percentage you are found to have been negligent. We can protect you from an insurer or negligent party trying to place greater blame on you.
Furthermore, more than one party could be at fault for your accident. Perhaps you fell down a staircase, for which the premises owner is responsible, but the handrail is found to contain a manufacturing defect, which also contributed to your accident. Our lawyer can sort through multiple parties and all their insurance companies and lawyers, so you do not have to bother with it.
Contact Chalik & Chalik Injury Lawyers for Your Slip and Fall in Florida
If you experienced a slip and fall in Florida and are considering hiring a lawyer, call Chalik & Chalik Injury Lawyers for a free case review and initial consultation. Debi Chalik and Jason Chalik will work directly with you on your case. They will be with you throughout the legal process.
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(855) 529-0269
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