Boynton Beach Premises Liability Lawyers
When you venture out in public, whether it’s to a known loved one’s home or public business, these areas have a duty and responsibility to provide a safe environment for their guests. Grocery stores, retail stores, businesses, schools, and other areas need to be hazard-free and ensure their areas are safe from their store configuration to the technology or guards they have on their property.
No one likes to think about being injured or harmed while they are out in public, but it’s sadly starting to be more of a possibility. Public properties try to upgrade their facilities to ensure safety, but it shouldn’t stop with only security cameras at retail locations. Public areas such as parks and recreational areas have security measures in place as well.
Failure to maintain the premises which in turn, results in harm to a person could qualify as a breach of duty for a premise liability case and potential lawsuit. If you have recently been out in public and were injured due to the lack of security measures, it’s time to contact legal professionals to be informed about your rights.
Frankl Kominsky Injury Lawyers is a firm in Florida that helps residents who are injured in Boynton Beach understand their right to a premises liability claim. If you believe you have a claim to file, here’s everything you need to know and how to get started with your lawsuit.What Is Premises Liability?
Premises liability is a section of personal injury, which allows an individual that has been harmed or injured as a result of someone else’s negligence to seek compensation. Premises liability indicates that a business or public area did not have proper safety measures in place to keep civilians safe and are liable for the injuries caused by their lack of safety measures.
These types of claims can be difficult to prove because accidents do happen from time to time anywhere, especially slips and falls. In order for someone filing a premises liability to have a case, there must be proof that the property owner was responsible for the injury and knew about the potential hazard.
This stated, the best way to determine if you have a case is to consult with an attorney and receive their legal advice. They can help you further investigate the accident location and property owner to gather evidence that supports your position.Examples of Premises Liability Accidents
The type of premises liability accidents can vary depending on where your accident occurs. Here are some locations where these types of accidents can take place:
- Grocery stores
- Retail stores
- Sporting events
- Government properties
- Apartment or townhome complexes
At these locations, there can be many issues that arise based on how the location maintains its facility, uses its budget, incorporates safety measures, and is proactive in a problematic situation.
Here are some examples of accidents that could possibly qualify as premises liability:
- Slips and falls
- Inclement weather accidents
- Bad maintenance or landscape
- Not enough staff
- No business security measures
- Water leaks or spills
- Defective signs, items, or conditions
- Amusement park accidents
- Animal accidents
These are just a small list of examples of premises liability accidents. It is possible your accident is not listed above and still fits a premises liability claim. Consult with a trusted attorney about your accident to determine if you have a case and if your accident falls under premises liability.Possible Premises Liability Injuries
The type of injury you suffer from as a result of premises liability can vary depending on your accident. You may suffer from one or more injuries from the accident, so you should note details in your medical records to show proof of your injury relating to the accident.
Here are some injuries you may suffer from as a result of accidents that occur due to premises liability:
- Broken bones
- Fractures or sprains
- Brain injuries
- Back injuries
- Neck injuries
- Severe wounds
- Amputation or dismemberment
There are endless causes of premises liability accidents, depending on the property owner and how they prevented or failed to prevent the injuries. Here are some scenarios where injuries can occur that could possibly make the property owner liable for the situation:
- Apartment complexes with broken stairs, dim lighting, or poor maintenance
- A nightclub or bar that has little to no bouncers, and a fight breaks out
- A violent act occurs, and a business does not take action
- Faulty signs or displays posted around a store that fall and hit a customer
- Poorly trained staff that cannot effectively handle certain situations
- A spillage on the floor with no caution signs posted or cleaned up promptly
- An outdoor park without potential risk signs
A premises liability lawyer is a professional that is educated, trained, and licensed to handle cases involving injuries that occurred on someone else’s property. These professionals have the knowledge and experience to help you file a claim, review all evidence, and understand your rights.
Premises liability lawyers are not only equipped to know laws and regulations in this practice area, but they also offer many other services for victims looking to file.
A premises liability lawyer is responsible for being your advocate throughout the duration of your claim and speaking on your behalf in certain situations. They are also there to give you sound legal advice and inform you about the best steps to take for a chance of a successful outcome.
They can also help you seek compensation to recover from the accident by collecting necessary evidence and proof to support your position. Your attorney will speak to your insurance provider to help negotiate with them before the need of filing a lawsuit.
The best reason to hire an attorney for your case is to have someone on your side that you can trust. Your attorney will be there to fight for you and will always have you and your family’s best interests in mind. If you have any questions about your case, you can always ask an attorney for a clear answer.How to Find the Best Attorney
Finding the right premises liability lawyer begins with researching firms in the Boynton Beach area and compiling a list to consult with. Hiring an attorney can sometimes be an investment, so you will want to consult with more than one to compare firms and find the right fit.
Law firms typically offer initial consultations that are free and have no obligations, which means you can meet with however many firms you want before selecting an attorney to work with. However, you should note that Florida’s Statute of Limitations offers victims of premises liability four years from the date of the accident to file a claim. Although this may seem like enough time, the period will pass by quickly and there are many steps to take during that time span. Additionally, you will need time to heal from your injuries, find the right legal representative, and go through the lengthy claim filing process.
When you begin researching and consulting with firms, consider these points to investigate and keep in mind:
- Reviews from past clients
- Years of experience practicing law
- Experience and background in premises liability
- Similar cases the attorneys have represented
- How they communicate and what they need from you
- Resources they use
- Their legal fees and preferred method of payment
If lawyer fees scare you, you should know that most attorneys do not get paid unless you win your case, and often operate with contingency fee agreements. Contingency fees are an agreed-upon percentage your lawyer will be compensated with from your final earnings if you receive a settlement.
For example, if your lawyer has a contingency fee of 33% and you are awarded $80,000, you will pay your attorney $26,400 from the $80,000. This is typically the preferred payment method for attorneys, and typically ranges from 33%-40%. The best thing about this method is that you usually do not have to worry about payment until the very end of your case.
Some attorneys prefer operating with an hourly fee, which you may have the flexibility to pay throughout your case or all at once from your settlement at the end if you win.
Whichever your attorney’s preferred payment method is, it’s important to have it in writing before your case begins to avoid future complications.What Damages Can You Recover From Premises Liability?
In Florida, victims of premises liability can seek compensation to help them recover several damages and losses they’ve experienced from these accidents. The most common is medical expenses for treatments associated with the accident, but there are other damages you can seek to recover from, such as:
- Future medical expenses
- Rehabilitation procedures
- Funeral expenses (if death occurred)
- Lost wages and income from time off work
- Disability expenses
- Out-of-pocket expenses
- Pain and suffering
- Mental and physical anguish
- Anxiety and depression
- PTSD or trauma
- Loss of enjoyment of life
- Life-altering impacts (physical and mental)
Consulting with your attorney is the best step in deciding which damages you can seek and what your best chances are at seeking compensation.How to File a Premises Liability Claim in Florida
Here are the steps that are recommended to follow if you would like to file a premises liability claim in Florida. Not every premises liability case is the same, so your case may take a longer or shorter time than others.1. Report the Accident to the Property Owner
This can be a tricky step, and you must be careful with how you handle this part of the process. As soon as the accident occurs, you must report it to the property owner immediately, so they are aware. Always be cautious about what you say and try to focus simply about what caused your injury and what unfolded. Consider speaking with an attorney before answering questions.2. Find an Attorney
The next crucial step is to hire an attorney that is experienced in premises liability claims. They can review your evidence to determine whether you have proof for a claim and can help you file. Additionally, they can speak to your insurance on your behalf to help optimize your chances of an adequate outcome to help cover medical expenses associated with the accident. If the accident has placed you out of work or if the injury is severe enough to completely alter your way of life, your attorney can help you seek more compensation through settlement negotiations if needed.3. Talk to Insurance (With Your Attorney’s Help)
After you hire an attorney, use their services and negotiation skills to speak with your insurance to assist in compensation for your medical expenses. Most people try to complete this step on their own but do not understand that their own words can reduce how much they may be offered. This is why it is best to have a lawyer present for this step of the process to speak on your behalf.4. File Your Claim
Your lawyer will review all your documents and evidence to establish proof of liability on the property owner's part. Once proof is established, you can begin filing your claim. This will be your lawyer’s responsibility and they will draft the papers to serve the defendant.5. Start Discovery
The next step is what most of your case will entail. You will collaborate with your attorney to recover all possible evidence to show your position in the accident and how the known dangerous conditions led to your injury. The defendant will do their own part during the discovery process to try and support their position and innocence.6. Negotiate for a Settlement
Sometime during your case, your attorney will try to negotiate for a settlement with the other side that can be solved out of court. This process requires you and your attorney to meet with the defendant, their attorney, and possibly a mediator to reach an agreement on a settlement based on your damages. Most premises liability cases result in a settlement, but it’s possible not being able to reach an agreement or for some defendants to opt out of this process.7. Go to Trial
If you do not have successful settlement negotiations or if the defendant opts out, your case can then go to trial. This is where a judge or jury determines who wins the case and, if it’s you, how much the defendant owes in damages. Earnings are awarded based on economic and non-economic damages, which are as follows:
- Economic: losses that can be totaled up, such as medical bills, lost wages, and future medical expenses.
- Non-economic: pain and suffering, mental and physical anguish, and trauma endured.
Not every person involved in a premises liability claim has to go through the appeals process, but this is an optional step you can take if you lose your case. Your attorney will take control of the appeals process as they did in your case and work to help you seek compensation for your needs again.To Get Started, Call Frankl Kominsky Injury Lawyers
Do you have further questions about your premises liability claim? We would be happy to answer them. Our legal experts at Frankl Kominsky Injury Lawyers have been practicing law for the last forty years helping injured residents recover their damages from other people’s negligence. No one should have to suffer injuries from a business that failed to keep their guests safe, which is why we want to help.
We can help you seek compensation to help cover medical bills to make up for a preventable accident. All you have to do is schedule a free consultation to get started.
Call our office at (561) 800-8000 or leave your information on our online form so one of our attorneys can reach out and schedule a consultation at a time that is most convenient for you.
When you come in for your free consultation, please bring the following so our attorney can best assess your situation to know how to help:
- Medical records
- Insurance information
- Pictures or video evidence and proof
- Documentation that pertains to the accident
- Names of other victims (if applicable)
- More accident information
If you are ready to get started, contact Frankl Kominsky Injury Lawyers today.