Miami Gardens Slip and Fall Lawyer
From the Hard Rock Stadium to the Calder Race Track and many other attractions, you'll never run out of exciting places to visit in Miami Gardens. Unfortunately, despite its family-friendliness and charm, no one is immune to accidents in this city. As a result, you may be at a significant risk of slip and fall injuries when visiting someone else's property in Miami Gardens.
Slip and fall accidents occur when a hazardous condition causes you to fall or trip on someone else's property. It could be in a store, sidewalk, office, or private home. According to Florida Health, falls are the leading cause of injury-related deaths among seniors 65 years and older. They're also the primary culprit in traumatic brain injury hospitalizations nationwide.
Fortunately, Florida law allows slip and fall accident victims to seek compensation for their injuries. However, insurance firms will often attempt to give you less settlement than you are entitled to. They might even try to dismiss your claim outright by blaming you for the accident. In other cases, they may ignore your claims, hoping you'll abandon them.
Fortunately, our Miami Gardens slip and fall attorneys at Frankl Kominsky Injury Lawyers are here to help (by appointment only). We'll guide you through the legal process so you can seek justice in your case. Contact us at (561) 800-8000 for personalized legal advice.Common Causes of Slip and Fall Accidents in Miami Gardens
Many factors can cause a Miami Gardens slip and fall accident. Many times, it's a result of human error or other conditions such as:Adverse Weather Conditions
Property owners cannot control the weather. However, they are responsible for ensuring that it doesn't threaten visitors' safety on their premises. They should engage in weather safety procedures, especially during winter, to avoid liability in a slip and fall accident.
This includes providing handrails in appropriate locations, shoveling sidewalks, etc. However, many premises managers neglect this important duty, and many slip and fall cases remain weather-related.Slippery Surfaces
Wet floors are one of the major culprits in slip and fall accidents. Many times, they result from spills. Property owners should always ensure that they mop their floors dry immediately after liquid spills to avoid accidents.
Sometimes, the wet surfaces may be due to cleaning activities and water drops from people's clothes and shoes. Additionally, poorly maintained structures can result in leaks.Uneven Flooring and Dusty Surfaces
Uneven sidewalks, pavement cracks, and potholes are some of the most common trip hazards in Miami Gardens. They're often present where you least expect them, making you misstep and fall. Property managers are responsible for fixing uneven surfaces when they notice them.
Besides uneven floors, dusty surfaces can also make you slip and fall. They constitute a significant hazard since they make it difficult for shoes to grip the ground properly.Obstacles and Obstructions
Many trips and falls happen because someone left tools, equipment, and other objects in the walkway. Generally, walkways should be free of obstructions to ensure easy flow of movement.
Unfortunately, workers in construction areas often leave waste materials, packaging, and other objects in the wrong locations. This may take you by surprise, and you can trip over them as you walk.Wrong Choice of Footwear
Inappropriate footwear can make falls more likely, especially because the flooring in many modern buildings can be slippery. If you wear the wrong shoes, they may not provide the traction you need to walk safely on sleek surfaces. This can make movement uncomfortable and cause a slip and fall accident.Poor Lighting
While obstructions and obstacles are trip hazards, inadequate lighting can worsen the situation. For example, when you walk in a dimly lit area, it's almost impossible to notice obstructions even if you look carefully as you walk. Landlords and property owners must ensure that their premises always have adequate lighting in the right corners.Loose Mats and Rugs
Rugs can also significantly increase your risk of slip/fall incidents when they bunch up or catch on shoes. Premises managers can avoid this problem by using non-slip pads on the rugs' corners to prevent them from curling.What To Do After a Slip and Fall Accident in Miami Gardens
It's important to know what to following an accident. You have legal rights following a silip and fall accident and you should do everything posible to protect them. A small mistake on your part could hinder your chances of seeking the justice you deserve.
Follow these steps to take the right actions after sustaining a fall injury:Call for Medical Attention
Your health should always be the priority in a slip and fall accident. The first thing you should do is check for injuries and seek urgent medical treatment. Besides increasing your recovery speed, seeking medical attention improves your injury claim.
A doctor's report can also prove the presence and severity of your fall injuries. It's important to note that visiting your doctor is sometimes not enough. You should adhere to treatment plans your physician recommends.
Otherwise, the at-fault party may take your refusal to follow the suggested plan as an indication that your injuries were minor. Additionally, the insurer may also claim that you didn't care about mitigating your losses. Refusing to follow your doctor's advice could lead to reduced compensation or an outright claim denial.Inform the Property Owner
After contacting the emergency health responders, notify the property owner as soon as possible. This notice should ideally be in writing as it can prove that an accident happened at the stated time.
The report should contain essential details about the accident, including dates and times. You can also add information about eyewitnesses and your injury symptoms.Gather Evidence and Keep Journals
Your slip and fall injury case is only as solid as the evidence you have. Never forget to gather as much proof of the at-fault party's negligence as possible. This includes taking photos and videos of the accident scene and recording witnesses' statements.
It would be best if you also documented your injuries and complications as they arise. Writing journals about your symptoms can help our slip and fall injury lawyers improve your case. In addition, they can corroborate with your doctor's report.
Describe your injuries as vividly as possible by including all the necessary details. How much pain do you feel? What activities are you no longer able to perform due to the injury? Do you have trouble sleeping? Write everything down.Call Our Competent Personal Injury Lawyers
As you pursue your injury claim, you must remember that the insurance companies are not on your side. When they try to reach a speedy settlement, it's in hopes that you haven't contacted an attorney yet.
The truth is that insurance providers will leverage an opportunity to deny your claim. If that's impossible, they'll try to offer you the lowest settlement possible. Unfortunately, these early offers can be enticing, especially if your medical bills are piling up.
However, one of the best things you can do is to take time to consider whether the initial offer is adequate enough to cover your incurred damages. We recommend contacting our personal injury lawyers as soon as possible to help determine what a fair settlement for your case would be. We can assess your claim's value and advise you so that you don't settle for anything less than what you need to be fully compensated.What Injuries Am I Likely to Sustain in a Miami Gardens Slip and Fall Accident?
The injuries you can sustain after a slip and fall accident depends mainly on the unique circumstances of your case. However, many times, slip and fall injury victims in Miami Gardens end up with these injuries:Spinal Cord Injuries (SCIs)
Spinal cord injuries from a fall may include broken vertebrae, pinched spinal nerves, and slipped/ruptured discs. Injuries to the spinal cord typically cause excruciating pain and discomfort and may result in complete or incomplete paralysis.
It all depends on the extent of damage to the spinal cord. Common spinal cord injuries include reduced sensation, muscle weakness, coordination problems, shortness of breath, etc.Broken Bones
Depending on the force upon impact, you're at high risk of sustaining bone fractures after a fall accident. Although older adults are more at risk of broken bones after a fall, anyone can sustain a fracture in various areas.
For example, many slip and fall accident victims complain of facial fractures while others break bones in their shoulders, ribcage, arms, or legs. Hip raptures make the list of the most severe fall injuries, especially when the victim is a senior.Concussions and Other Traumatic Brain Injuries
You may suffer a concussion if your head strikes the ground or hits a stationary object as you fall. However, shaking your head violently can cause concussions even if you didn't hit it on anything.
Concussions typically cause headaches, confusion, dizziness, ringing in the ears, and nausea. Some injury victims with concussions may also experience a foggy feeling or lose consciousness.
Although concussions are one of the most common traumatic brain injuries, victims may also experience more severe TBIs. These include penetrating brain injuries, intracranial hematomas, diffuse axonal injury, etc.Cuts and Lacerations
Many slip and fall accident cases result in severe cuts and lacerations. That's especially true if the fall was due to tripping over broken glasses, metals, and other sharp objects that can pierce the skin.
The most apparent symptom of cuts and lacerations is bleeding around the affected region. Although these wounds don't need sutures or stitches, they may affect your nerves, muscles, and soft tissues. Prolonged bleeding can result in life-threatening complications.Internal Bleeding
While cuts and lacerations are apparent injuries that result in external symptoms, internal bleeding happens inside your body. Unfortunately, this type of injury shows no outward signs; finding the damage site can be challenging.
In other words, internal bleeding is difficult to detect and diagnose. Worse, it's a life-threatening medical emergency. That's why you must always seek medical attention after a slip and fall accident, even if you don't notice any injury symptoms.Post-Traumatic Stress Disorder (PTSD)
Post-traumatic stress disorder is common in many spinal cord injury victims. PTSD is a mental health condition that presents symptoms such as flashbacks of the fall and nightmares. Sometimes, this condition may affect your daily activities and require you to develop life-long coping mechanisms.Who Can I Hold Accountable for My Slip and Fall Accident?
Florida's premises liability laws require property owners, whether public organizations or private entities, to prevent having hazardous conditions on their premises. You can potentially hold governmental bodies, businesses, private individuals, eateries, etc., responsible for your injuries on their premises.
However, for your claim to be successful, you must prove that they created the circumstances that made you fall. Alternatively, you can show that the hazardous condition existed for some time and they ought to have known about it.
Although this may sound straight-forward, slip and fall injury cases are more complicated than you can imagine. This is because there are numerous factors to consider when determining liability in individual cases. It is well-advised not to attempt handling your claims without first consulting with an experienced attorney.What Is the Statute of Limitation for My Miami Gardens Slip and Fall Accident Case?
In Miami Gardens, victims of slip and fall accidents have four years to initiate a personal injury claim. If you fail to file a claim within this timeframe, you'll no longer be entitled to seek compensation for your injuries.What Damages Can I Recover in My Slip and Fall Accident Case?
You may be elegible to recover these categories of compensation after a slip and fall injury in Miami Gardens:Economic Damages
Economic or special damages cover your injury's past, current, and future monetary losses. This type of compensation is calculable and includes medical bills, lost wages, and expenses resulting from lifestyle changes. For example, you may receive compensation for modifying your home to accommodate a wheelchair ramp if you suffer from a disability.Non-Economic Damages
Non-economic damages, also general damages, are the opposite of economic damages. They do not have a fixed dollar amount and relies on different methods to calculate. Common examples of non-economic damages include intangible losses such as pain and suffering and loss of enjoyment of life.Punitive Damages
The court may award punitive damages to punish the defendant for their recklessness. It also aims at discouraging other premises owners from disregarding the safety of their visitors and guests.Do I Need a Miami Gardens Slip and Fall Injury Attorney?
Hiring a personal injury attorney to handle your slip and fall case is not compulsory. However, you'll be doing yourself a great disservice by neglecting expert legal support from our competent team of lawyers.
As we mentioned, slip and fall cases are complicated. Without extensive legal knowledge and experience, justice in your lawsuit can be difficult.
Here's how our slip and fall injury attorneys will help you seek a positive result in your claim:Case Assessment
Never mistake an insurance company's initial settlement offer for your case's value. They often offer lower amounts than your claim's worth.
Sadly, many people fall into this trap because they have no idea what they deserve. Fortunately, you can consult with our Miami Gardens slip and fall lawyers (by appointment only). We'll evaluate your case to help you determine what a fair settlement is. This way, you will be sure not to settle for less than you deserve.Settlement Negotiations
Always remember that negotiating with an insurance company alone puts you in a disadvantaged position. Insurance companies are accustomed to negotiating settlements daily.
Fortunately, our competent attorneys are talented at negotiating with insurance companies. When you have an attorney on your side, you level the playing field. Our attorneys can also help by offering quality legal advice, litigation services, and handling complex paperwork.Protect Your Rights in a Miami Gardens Slip and Fall Accident; Call an Experienced Attorney Now
Did you slip, fall, and injure yourself on someone else's property in Miami Gardens, Florida? Your route to seek compensation could be through a dedicated slip and fall accident lawyer with your best interest at heart.
At Frankl Kominsky Injury Lawyers, we're experts at gathering relevant evidence to support our client's injury claims. We'll review all the video footage, speak with eyewitnesses, visit the accident site, and handle the legal matters.
Our attorneys are intelligent and compassionate. Contact us at (561) 800-8000 for a free case review.