Slip and Fall Lawyer Serving Greenacres
If you or a loved one has been injured in a slip and fall accident, we recommend contacting our local injury lawyers for a free consultation. At Frankl Kominsky Injury Lawyers, we have assisted more than 8,000 injured victims and their families following a devastating accident.
According to the Florida Health Department, slip, trip and fall accidents are a leading cause for injury and deaths in residents ages 65 and older, and is the fourth-leading cause of death in the United States.
A study by the Florida Health Department determined that unintentional falls often resulted in serious injuries or even death. In Florida, the cost of treatment for a non fatal injury averages $46,067 which includes 4-day stay at a local hospital. The study went on to determine that in 2012, over 62,000 individuals were hospitalized as a result of an unintentional fall.Top 10 Causes for Slip, Trip and Fall Accidents
- Wet, Slippery or Oily Surface
- Objects on the floor
- Loose carpeting or wiring
- Broken Tiles
- Uneven Pavement or Concrete
- Poor lighting
- Cluttered walkways
- Colliding with another individual or object
- Falling off a ladder, scaffolding, building, stairs
- Broken, loose or missing guardrails or handlebars
Slipping and falling is something that we all have done at some point or another. For children, it’s something that is very familiar, since they have not yet learned how to take their time and walk carefully. Also, a young child will need time in order to learn how to keep their balance under different situations. But, as an adult, slipping and falling down will usually come as a shock, since we rarely do it once we’ve grown up. In addition, adults who have slipped and fallen can end up with injuries that are far more serious than a small cut or a skinned knee.
Injuries to the neck and back are often the results of a slip and fall or a trip and fall. If this type of accident is the result of negligence on the part of a property owner, then it can be a good idea to speak with a slip and fall lawyer serving Greenacres. They can try to help you obtain the compensation that you may need to pay for medical bills and other expenses that have come from your accident.
While a slip and fall accident can be something in which no one is to blame, there are times in which an accident is the result of someone’s negligence. When you consider the major expenses that can come from doctor visits, physical therapy, a hospital stay, surgery and time off from a job, you may need to know the best way to recover those expenses.Are There Certain Laws That Apply to a Greenacres Slip and Fall Accident?
If you’ve had a slip and fall accident in Greenacres, there are some issues that you should be aware of, if you want to file a lawsuit. The first thing to keep in mind is the Statute of Limitations that applies to these types of accidents.
As an example, let’s say that you were visiting an office building for an appointment. Suddenly, you slipped on a wet spot in the middle of a hallway. Since there was no indication of a hazard that was posted and you ended up with a broken hip, you have decided to pursue a claim against the building owner.How Long Does One Have to File an Injury Claim After a Slip and Fall Accident
In a case like this, in Greenacres (and the rest of the state), the statute of limitations is 4 years from the time of the accident. This means that you have four years from the date of the accident to file a lawsuit. There are, of course, some exceptions to this, but this is a rare situation. If this is a wrongful death situation in which someone has died from that type of fall, then the person’s estate only has 2 years from the time of the accident in order to file a lawsuit.
You can find this information in Florida Statute section 95.11(3)(a) or you can ask for more guidance from the experienced slip and fall lawyers at Frankl Kominsky.
There are several statutes that will directly apply to Wellington properties. These statutes specify:
- Florida Statute 768.0425 (1) relates to claiming damages in actions against contractors for the injuries sustained from negligence, malfeasance, or misfeasance.
- Florida Statute 768.0755 (1) relates to Premises liability for transitory foreign substances in a commercial establishment.—
- (1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
- Florida Statute 768.10 relates to pits and holes that should not be left open. It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure
When it comes to filing a lawsuit for a slip and fall accident, it can be possible to run into a legal situation known as the “comparative negligence rule”. Here, we have the possibility that more than one of those who are named in a lawsuit can be held liable for the accident.
Going back to our earlier example, let’s say that the person who slipped and broke their hip has decided to sue the building owner. However, it can be shown that the injured person was wearing slippery shoes and was talking on their cell phone when the accident happened.
Now we have a situation in which the fall can potentially be blamed, in part, on both parties. The building owner’s attorney may say that the fall may not have happened if the person was not wearing slippery shoes and was also not distracted by being on a phone call. So now, we have the fault resting on both parties.
In this situation, the court will need to decide just how much of the fault will apply to each party and base their financial award decision on that. Therefore, for example, it may be that in this case, the injured person will only get a certain percentage of their damages.
I’m sure that you can now see why the property owner’s lawyers may potentially want to say that the fall was completely your fault. Here are a few of the reasons that an attorney may use when trying to place the entire blame of a slip and fall accident on the victim:
- A sign was posted that warned of the danger
- The injured person was walking in an area that they were not supposed to be in
- The danger could easily be seen
- The injured person was wearing shoes that were slippery to begin with
- The victim was distracted (cell phone use, etc.) and not paying attention
- It’s also important to understand that these excuses could potentially also be used when you and your attorney settle out-of-court.
Should you experience a slip and fall in Greenacres there are some steps that you should take:
- The first thing that you will always want to do is to make sure whether or not you’ve been seriously injured. If so, you should have someone call an ambulance and go to the hospital right away. If you are not seriously hurt, you should call for help anyway. This way, someone else will know that you have fallen and help you if you become dizzy when trying to stand and/or walk.
- You should also get the contact information and statements from any witnesses in the area.
- Make sure that the fall is reported to either the building owner or building manager. A report should be made and you don’t want to leave the building unless you have a written copy of that report!
- Be sure to take photos of the accident scene. Include any photos of any liquids or uneven surfaces if applicable.
- If you are able to travel, then go straight to a local hospital emergency room (or your own doctor). Get a full checkup and set an appointment for a follow-up visit. Get a copy of all medical bills and doctor’s reports. Place everything in a single file in your home.
- Well, make sure to keep the clothes and shoes that you wore during the accident in a separate location in your home. You may need them later.
- Never write about your accident on social media. Also, don’t discuss the accident (or take any money/sign any checks) from the building’s insurance company. Don’t have any long conversations with the building owner, either. Don’t accept any blame for the accident and don’t place any blame for what happened. Let an attorney speak for you.
- Contact an experienced slip and fall lawyer. The first visit with a lawyer will be completely free – so you have nothing to lose. A legal professional can try to help guide you to the next step that you should take.
There are many different types of injuries that one can receive in a slip and fall accident. Some of these are:
- Neck Injuries
- Back Injuries
- All types of broken bones
- Traumatic Brain damage
- Spine Injuries
- Soft Tissue Injuries
While many of these injuries are pretty obvious, there are some that are not seen at the time of the accident and may present later on that day or the next. This is why you should seek medical attention following your slip and fall.After a Slip and Fall Accident, Who do I Make a Claim Against?
In the State of Florida, individuals that fall under the following categories may have right to file a claim against the business, property owner, or management company:
An Invitee – is anyone who is allowed access to a property or land by the possessor of the property for the purpose of the property owner’s financial gain (store shoppers, delivery persons, those entering a property that is open to the public, etc.)
A Licensee – is anyone who is allowed access to a property or land by the possessor of the property for reasons other than the financial gain of the property owner. (family, friends, unsolicited salespersons, etc.)
A Trespasser – is anyone who enters a premises or land without the consent of the owner. One may be considered a trespasser even if they were unaware that they were trespassing.What Compensation can I Pursue After Being Injured in a Slip, Trip, and Fall Accident
Of course, it can be said that each accident is a different situation. Because of this, there’s no way to know the exact amount of damages that can be recovered. Here are some damages that can be pursued in a slip and fall claim:
- Medical Bills (Past and Present)
- Future Medical Expenses
- Lost Wages and/or Future Lost Wages
- Pain and Suffering
- Loss of Consortium (Services)
Property maintenance negligence can result in permanent and severe injuries, which may occur in Greenacres at any given time. Slip and Falls can occur at private residences, grocery stores, shopping malls, restaurants, hotels, nightclubs, schools parks, sports stadiums, parking lots or amusement parks. If you or a loved one are involved in a slip and fall accident that occurred on a private or commercial property, it is advised that you seek medical care and the advice of a slip and fall personal injury attorney.Should I hire a Personal Injury Attorney after a Slip, Trip or Fall Accident
Seeking the advice of a personal injury attorney, who can try to assist in receiving the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Greenacres slip and fall accident, contact a Florida personal injury attorney. Discuss your case with a Slip and Fall Personal Injury Attorney Serving Greenacres Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-701-9992 or use our Contact Form to set up a free consultation.Start Your Free Consultation with our Slip and Fall Accident Attorneys
When you or a loved one has been injured on private property, your main focus should be on recovering from your injuries. Let our local slip and fall attorneys handle the property owners and their insurance company while you get the medical care you need to make a full recovery.
At Frankl Kominsky Injury Lawyers, we have assisted more than 8,000 clients over the years, and our injury firm has recovered more than $100 million in verdicts and settlements. We pledge to provide every client we represent with diligent legal representation, meticulous case management, and excellent customer services. Call 561-701-9992 to speak with Attorney Steven Frankl, today!