Slip and Fall Injury Attorney
A slip and fall accident usually occurs due to a hazardous circumstance on a premises, such as a broken tile or a wet floor. Such accidents can lead to painful injuries, such as a sprained ankle, bone fractures, or brain and spinal cord damage.
However, if you have been hurt in this accident on someone else’s property here in Pembroke Pines, you have the right to seek compensation from them. Let us look at some of the state laws affecting your settlement and how a Pembroke Pines slip and fall injury lawyer at Phillips | Tadros, P.A., can help you. Reach out to us today at (954) 642-8885 to find out more in a free consultation.
How Liability Works in a Slip and Fall Accident
Property owners or managers are typically responsible for keeping the premises in reasonably safe conditions for guests. A guest or invitee is someone who has the owner’s permission to enter the property.
For instance, a store’s customer would be an invitee during the establishment’s operating hours, as they are welcome to shop around. Under Florida Statutes § 768.0755, the business should address transitory foreign substances that could cause a slip and fall. This is especially true if the hazard occurs regularly or has been present long enough that the establishment should have had reasonable time to learn of the situation. Common hazards may be:
- Broke floorboards
- Loose carpeting
- Uneven or wet surfaces
- Poor lighting
As soon as the one in charge of the property learns about the hazards, they should fix it right away or warn patrons. Otherwise, the state would consider them negligent and liable for any injuries anyone suffers.
Exceptions to Slip and Fall Liability
The Pembroke Pines property owner’s liability does have its limits as stipulated in Florida Statutes § 768.075. The law states that they are not liable for a slip and fall accident if:
- The victim was a trespasser.
- The victim was under the influence of drugs or alcohol.
- The victim was attempting or had just attempted a felony on the premises.
However, a property owner would only be exempt from liability if they did not purposefully create the slip and fall hazard.
A Pembroke Pines slip and fall injury lawyer at our firm can help determine who to hold liable in the slip and fall accident. For instance, if you got injured in a rented commercial space, the renter may be responsible for keeping you safe rather than the commercial space owner. Your attorney can also help you compile proof that you did get injured from the slip and fall.
Your Slip and Fall Damages in Pembroke Pines
Besides helping you search for evidence, your Pembroke Pines slip and fall injury lawyer can also assist with compiling files of your expenses. Doing so will help calculate the two main types of damages you can recover in your slip and fall settlement. The first type is your economic damages, which compensate for financial losses, such as medical bills and lost wages.
The second type is your non-economic damages. These repay you for the pain and suffering the slip and fall caused, such as disabilities and psychological trauma. One way to calculate these damages is by multiplying the economic damages by a number ranging from 1.5 to 5. The more severe the injury, the higher the multiplier. As such, your slip and fall lawyer can review your injury to determine what multiplier will likely be used.
Slip and Fall Compensation Options
After gathering evidence and estimating your damages, your Pembroke Pines slip and fall injury lawyer can advise you on what action to take next. You generally can seek compensation from the at-fault property owner or tenant through insurance claims or lawsuits.
Filing Insurance Claims
While they can file a claim with their own insurance company, slip and fall victims in Pembroke Pines can typically file insurance claims against the liable property owner. The other party may have liability coverage to cover the costs of the accidents they or the people under their jurisdiction cause.
For example, if you were injured in someone’s home, you could bring a claim to their homeowners insurance provider. If the slip and fall happened in an establishment, the lawyer could help you file with the commercial insurance provider.
If you disagree with the insurer’s offer, the attorney can negotiate with them for you.
If the insurance claim does not work-such as when the property owner’s liability coverage is insufficient-you could proceed with an injury lawsuit instead. The civil court will decide the amount you can recover, not the insurance provider. Though it may take several court proceedings to reach a verdict, a slip and fall injury lawyer on our team can represent and counsel you through the entire duration of the case.
Filing Your Slip and Fall Case on Time
According to Florida Statutes § 95.11, you have up to four years to file your Pembroke Pines slip and fall case. Missing the deadline will have your submission dismissed, so it would be in your best interest to get started as early as feasibly possible.
However, some exceptions could extend your time limit. For example, if your minor child got injured, the statute of limitations would be tolled, or paused, under certain circumstances pursuant to Florida Statutes § 95.051.
Our slip and fall attorney can identify how much time you have to take action and help you adhere to the applicable deadline.
Our Slip and Fall Lawyers Are Ready to Help
If you wish to take legal action after a slip and fall accident, do not hesitate to consult a Pembroke Pines slip and fall injury lawyer at our firm. We offer our 40 years of combined knowledge and experience in Florida injury law to help settle your claim or case against the liable property owner or tenant.