Premises Liability Lawyers Serving Belle Glade

Premises liability claims are often the result of an accident that occurs on someone else's property, such as a slip and fall or other injury. These incidents can cause the victim physical harm, emotional distress, and financial hardship. If you have been injured in this way, it is important to understand your legal options.

By filing a premises liability claim, you may be able to receive compensation for your medical bills, lost wages due to time off work, pain and suffering endured during the recovery period.

Pursuing legal action against negligent property owners can also help prevent future accidents by holding them accountable for maintaining safe premises.

Even if you think your injuries are minor or the incident was partly your fault should not discourage you from seeking justice. Premises liability cases can be complex and require experienced attorneys specializing in these types of cases. Having a knowledgeable lawyer on your side increases your chances of receiving fair compensation for any damages resulting from the accident.

Should I Seek Medical Attention Even if My Injuries Seem Minor After a Premises Liability Incident?

It's important to seek medical attention after a premises liability incident, regardless of how minor your injuries may seem. Even seemingly minor injuries can develop into more serious conditions over time.

In addition, seeking medical attention immediately after the incident can help strengthen your case if you decide to pursue a premises liability claim. Your medical records will indicate the extent and severity of your injuries, which is essential in proving negligence by the property owner or occupier.

Furthermore, some injuries may not be immediately noticeable but could still affect your health and well-being. A healthcare professional can identify these potential issues and provide appropriate treatment before they worsen.

What Are the Potential Defenses the Property Owner or Occupier May Raise in Response to My Premises Liability Claim?

When pursuing a premises liability claim, it's important to remember that the property owner or occupier may raise various defenses in response to your claim. One common defense is that the injured party was trespassing at the time of the incident. If this is proven true, the property owner may not be held liable for any injuries sustained.

Another defense could be that the hazard or danger was open and obvious, meaning that any reasonable person would have been aware of its existence and avoided it. In such cases, the injured party may have difficulty proving negligence on behalf of the property owner.

The property owner could also argue comparative negligence, which means they believe you were partly responsible for your injury due to your actions or lack thereof. This can impact compensation awarded in a settlement or trial.

Can I File a Premises Liability Claim Against a Government Entity?

If you are injured due to a hazardous condition on government property, you may be wondering if you can file a premises liability claim against the government entity. The answer is yes, but it's important to note that some additional steps and limitations are involved.

One of the biggest differences between filing a premises liability claim against a private property owner versus a government entity is the time frame for filing. In Florida, claims against government entities must typically be filed within three years from the date of injury or discovery of an injury.

Additionally, there may be caps on damages that can be recovered in cases involving government entities. These caps vary depending on whether it's at the state or local level and can also depend on the type of claim being made.

It's worth noting that proving negligence on behalf of a government entity can often be more difficult than with private property owners. Government entities have certain protections and immunities under the law, which requires individuals seeking compensation to provide evidence showing willful disregard for safety concerns or intentional acts causing harm.

Are There Any Specific Insurance Requirements for Property Owners or Occupiers in Florida That May Impact My Premises Liability Claim?

If you're involved in a premises liability claim in Florida, it's important to know if the property owner or occupier has any specific insurance requirements that could impact your case. In Florida, commercial and residential property owners are required to carry general liability insurance. This type of insurance covers bodily injury and property damage claims.

However, this law does not require a minimum amount of coverage. The property owner or occupier may have additional insurance policies beyond legally required. These policies could include umbrella policies or excess liability coverage.

It's also worth noting that some businesses may self-insure instead of purchasing an insurance policy from an outside provider. The business would pay out-of-pocket damages awarded in a premises liability lawsuit in these cases.

What is the Process for Filing a Premises Liability Claim?

If you've been injured due to a property owner or occupier's negligence, you may be able to file a premises liability claim. Filing such a claim begins with seeking medical attention for your injuries.

Once you have received medical treatment and are stable, it is important to document the incident by gathering as much evidence as possible. This includes taking photographs of the scene and your injuries, obtaining witness statements, and keeping all relevant documents, such as medical bills and police reports.

After documenting your case, seeking legal representation from an experienced premises liability lawyer is best. Your attorney will help guide you through the claims process, which typically involves preparing a demand letter outlining your damages and negotiating with insurance companies on your behalf.

Litigation may become necessary if negotiations fail to result in a satisfactory settlement offer. At this point, your attorney will file a formal lawsuit against the property owner or occupier responsible for maintaining safe conditions on their premises.

Can I File a Premises Liability Claim in Florida if I Was Partially at Fault for the Incident?

If you were partially at fault for a premises liability incident in Florida, you may still be able to file a claim. However, the compensation you receive may be reduced based on your level of responsibility.

Florida follows the doctrine of comparative negligence, which means that if multiple parties are at fault for an accident or injury, each party's degree of fault is considered when determining damages. For example, if you were 30% responsible for slipping and falling in a store due to not wearing appropriate footwear while the store was 70% responsible for failing to clean up a spill promptly, your compensation would be reduced by 30%.

It's important to note that Florida has a modified comparative negligence system, which means if you're found to be more than 50% at fault for the incident, you cannot recover damages.

Are There Any Limitations on the Amount of Compensation I Can Receive in a Premises Liability Case?

When it comes to compensation in a premises liability case, some limitations may impact the outcome of your claim. The compensation you can receive will depend on several factors, including the extent and severity of your injuries, the negligence of the property owner or occupier, and any potential defenses their legal team raises.

One limitation to keep in mind is Florida's comparative negligence law. This means that if you were partially at fault for the incident that caused your injuries, your compensation may be reduced proportionally to reflect your level of fault.

Another factor that could impact your compensation is whether or not insurance coverage is available. If a property owner or occupier does not have insurance or has inadequate coverage, this could limit the compensation available for you to recover.

Additionally, some damages, such as punitive damages, may be limited under Florida law. Punitive damages are awarded as punishment against a defendant whose actions were particularly egregious.

How Long Does it Typically Take to Resolve a Premises Liability Claim?

The time it takes to resolve a premises liability claim can vary greatly depending on several factors. One of the most significant factors is the complexity of your case. If multiple parties are involved, or there is a dispute over who was responsible for the incident, your case may take longer to resolve.

Another factor impacting how long it takes to settle a premises liability claim is whether or not you decide to pursue legal action. If you work with an experienced attorney, they may be able to negotiate a settlement with the property owner's insurance company outside of court. In this scenario, your case could potentially be resolved more quickly.

On the other hand, if you do choose to file a lawsuit and go through with litigation, your case will likely take longer to complete. The discovery process alone (the stage where both sides gather evidence and information) can sometimes take months or even years.

Can I Pursue a Premises Liability Claim if the Incident Occurred at a Private Residence?

If you were injured on someone's private property, you may be wondering if you can pursue a premises liability claim. The answer is not always straightforward and depends on several factors.

Firstly, it would depend on the nature of your visit to the private residence. Were you a guest or a trespasser? If you were invited onto the property as a social guest or for business purposes, the homeowner is responsible for ensuring their property is safe for visitors.

Secondly, it would depend on whether there was negligence involved in your injury. Did the homeowner fail to maintain their property properly, resulting in hazardous conditions such as slippery floors or broken stairs? If so, they could be held responsible for any injuries sustained by guests on their premises.

What is the Role of Expert Witnesses in a Premises Liability Case?

Expert witnesses play an important role in premises liability cases. These professionals possess specialized knowledge or skills related to the case at hand and can provide objective opinions based on their expertise.

In a premises liability case, expert witnesses may include engineers, architects, safety experts, or medical professionals. For example, if the incident involved a slip and fall accident caused by a wet floor in a commercial building, an engineer may be called upon to testify about the proper maintenance of floors and prevent such accidents.

Similarly, medical experts can help evaluate injuries sustained from an accident on someone's property. Their testimony can prove invaluable when determining the extent of damages suffered by the plaintiff.

It is important to note that expert witness testimony is not always necessary for every premises liability case. However, when complex issues arise that require specialized knowledge beyond what is commonly known or understood by laypeople (non-experts), having an expert witness can significantly strengthen your argument.

How Can I Find the Right Attorney to Handle My Premises Liability Claim?

Finding the right attorney to handle your premises liability claim is crucial for the success of your case. The first step in finding an attorney is to conduct research. You can start by asking for recommendations from friends and family or searching online for attorneys specializing in premises liability cases.

Once you have a list of potential attorneys, scheduling consultations with them is important. During these consultations, ask about their experience handling similar cases and their success rate. Discussing their fees and how they work with clients is also important.

When choosing an attorney, finding one with experience negotiating settlements and trialing cases is important. This ensures you have someone who can effectively advocate for you throughout the legal process.

Another factor to consider when selecting an attorney is communication. Choose someone who will keep you updated on the progress of your case and answer any questions or concerns promptly.

Will I Have to Pay Any Upfront Fees or Expenses When Filing a Premises Liability?

One of the most common concerns for individuals who have suffered injuries on someone else's property is whether or not they will have to pay any upfront fees or expenses when filing a premises liability claim. The answer, fortunately, is no.

Most personal injury attorneys operate on a contingency fee basis, meaning you won't owe anything unless and until your case is successful. In other words, your attorney will take a percentage of your settlement or verdict as their fee and cover any necessary expenses throughout the legal process.

It's important to note that this arrangement typically only applies to cases with strong likelihoods of success. If an attorney doesn't think your case has merit, they may decline to represent you.

In addition, it's always a good idea to discuss fees and expenses with potential attorneys during initial consultations so there are no surprises later in the process. Make sure you fully understand the terms of any agreement before signing anything.

What Factors Do Courts Consider When Determining the Compensation Amount in a Premises Liability?

Courts will consider several factors when determining the compensation amount for a premises liability case. One of the most important is the severity and extent of your injuries. The more serious your injuries are, the longer it takes to recover, the higher your compensation may be.

Other factors that courts consider include any lost wages or earning capacity resulting from your injuries and any pain and suffering you experienced due to the incident. They may also look at how much medical treatment you require after the incident, including surgeries, medications, physical therapy sessions, etc.

The court may also consider whether or not there was any negligence on your part that contributed to or worsened your injuries during the premises liability incident. This could potentially impact how much compensation you receive.

In addition to these factors specific to your case, courts will also consider other legal precedents in similar cases when deciding what a fair compensation amount should be. It's important to have an experienced attorney who can navigate these complex legal issues and help ensure you receive fair compensation for your damages.

Are There Any Alternatives to Filing a Premises Liability Lawsuit in Florida, Such as Mediation or Arbitration?

If you have been injured on someone else's property, you may be considering filing a premises liability lawsuit to seek compensation for your damages. However, litigation can be a lengthy and expensive process, and there are alternatives available that may help resolve your case more quickly and efficiently.

One alternative to filing a lawsuit is mediation. In mediation, the parties involved meet with a neutral third party who helps them negotiate a settlement agreement. Mediation can be less formal than going to court, often making it easier for both sides to agree.

Another alternative is arbitration. This involves presenting your case before an impartial arbitrator who will decide your claim. While arbitration is still considered legal, it can often be faster and less costly than going through the court system.

It's important to remember that not every case is suitable for mediation or arbitration. Your attorney can help you determine whether one of these options may be appropriate based on the specifics of your situation.

Contact Frankl Kominsky Premises Liability Lawyers Serving Belle Glade 

If you have been injured in a premises liability incident, it is important to seek the assistance of an experienced attorney who can help guide you through the complicated legal process. At Frankl Kominsky, we understand how devastating these incidents can be and are here to provide compassionate and effective representation for our clients.

Our skilled attorneys have years of experience handling premises liability claims throughout Belle Glade and the surrounding areas. We will work tirelessly to investigate your claim, gather evidence, negotiate with insurance companies, and fight for fair compensation on your behalf.

Contact us today at (561) 800-8000 to schedule a free consultation with one of our knowledgeable attorneys. We are here for you every step of the way.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon