Slip and Fall Lawyers Serving Jensen Beach
Slip and fall accidents often cause minor injuries. However, sometimes falling may have more severe consequences.
You may need emergency medical attention if you tumble down a flight of stairs, hit your head on a hard floor, or fall from a great height. Some of the most common fall-related injuries include brain, spinal cord, and limb injuries. Older people are more likely to sustain life-threatening injuries because of age-related frailty.
Slip and fall injuries can sometimes cause severe conditions, involving high treatment costs and prolonged recovery. These accidents can cause disabling injuries that prevent you from working and caring for your loved ones. The health and financial repercussions of a single fall might last a lifetime.
Call Frankl Kominsky Injury Lawyers to discuss your options after a slip and fall. You deserve compensation for your suffering if you've been injured in an accident. Read on to learn more about slip and fall cases in Jensen Beach, Florida.How a Slip and Fall Lawyer Can Help You Get Compensation
Property owners who are negligent in maintaining their premises should be held liable for any injuries that result from those hazards. At Frankl Kominsky Injury Lawyers, we have seen how some negligent property owners try to shift blame for accidents. Our legal team has vigorously defended the client against the defendant's refusal to take responsibility.
Our slip and fall lawyers thoroughly look into clients' cases, gather the evidence, and serve notice on all parties who may be at fault. We work hard to build a solid case and ensure you recover fair compensation for your damages.
We know how drastically a single fall can change lives and affect your relationships with loved ones. Although we understand that a settlement cannot restore our clients' health, financial compensation can ease the burden of their injuries.
Call (561) 800-8000 to contact the slip and fall lawyers serving Jensen Beach at Frankl Kominsky and schedule a free and confidential consultation.Slip and Fall Accidents Are Common
While slip and fall mishaps, trips and falls, and other forms of falling are prevalent, they can happen without warning. Even if you're paying close attention, you could miss some hazards. You may suffer serious or even fatal injuries if you lose your balance and fall.
These hazards can have a devastating effect on you or a loved one. If you've been injured in a fall, immediately contact a reputable Florida slip and fall attorney to explore your legal options.
There are potential slip and fall hazards everywhere. People can slip and fall on a flight of stairs or damaged sidewalks. Children often stumble in the halls of their schools and parks. Slippery floors, poor lighting, and other hazards are among the most common causes of slip and fall injuries.
According to the CDC, there are 800,000 visits to emergency rooms each year due to injuries sustained in falls. About 20% of falls cause injuries like fractures and head injuries. Hip fractures are the most commonly sustained injuries after the elderly slip and fall. According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of death in the construction industry.
The National Data and Statistical Center reports that fall-related accidents cause about 28% of brain injury cases. Falls are the leading cause of fatal and nonfatal injuries for children and young adults under 19.
The National Spinal Cord Injury Statistical Center records over 33,000 spinal cord injuries caused by falls annually. Every day falls cause injuries that lead to 2,000 emergency room visits.Where Do Slip and Fall Accidents Happen?
Slip and fall accidents are very common and can occur in any setting or location. These accidents usually happen because of negligence or lack of safety measures. Some of the most common slip and fall locations include:
- Parking lots
- Grocery stores
- Shopping malls
- Apartment complexes
- Places of entertainment
- Motels, resorts, and hotels
- Stadiums and arenas
- Construction sites
- Office buildings
- Amusement parks
Because there are many potential dangers in the workplace, slip and fall accidents are common. OSHA has developed training programs to educate construction workers on identifying and controlling fall hazards. According to OSHA's "Focus Four: Fall Hazards" training manual, fall hazards might exist on any walking or working surface.
People working in construction and manufacturing often walk about and work from ladders and platforms. Traumatic brain injuries, spinal cord injuries, and other life-threatening illnesses are more likely to occur in case of such a fall.
Worker's compensation should cover the costs of medical care and missed wages when an employee sustains injuries on the job because of a fall caused by poor maintenance or a hazardous working condition.
While injured workers have few legal actions they can take against their employers, there are various options to recover financial compensation, like:
- When a third party, such as a contractor or a customer, is to blame for an unsafe working environment
- If an employee trips and falls because of a faulty product that the company didn't make
- If an employee sustains an injury because of a fall on a property that is not owned or maintained by their company
When someone slips and falls on a hard surface, the resulting injuries might range from minor to severe. However, they may have severe or even fatal injuries when they hit the ground with enough force.
If you fall from a higher to a lower elevation, like down a flight of stairs, you are more likely to sustain severe injuries than if you fell from the same height. Before you get back up and walk away, assess the situation. Seek medical attention if you were injured. You can call 911 for an ambulance for emergency medical care.
Take pictures of the accident while you wait for help to arrive. After a quick site investigation, you can quickly identify and document evidence of hazards and maintenance failures. This will allow you to hold the property owner liable.
Follow the tips below in case of a slip and fall accident:
- Investigate your surroundings to see what may have caused your fall
- Don't say it was your fault or apologize for the fall
- Take pictures of the area, including any hazards or flaws, with your smartphone
- Take a picture of your shoes
- Notify or ask someone to notify the property owner
Because their bodies aren't developed enough to endure the impact of a hard fall, victims who are elderly or young usually suffer life-threatening injuries.
Traumatic Brain Injury (TBI)
Falls are the second leading cause of TBIs. Victims of severe TBIs face many difficulties in all areas of life. The effects of TBI may often linger and last for months or years.
Spinal Cord Injuries (SCI)
Falls are among the leading causes of spinal injuries. SCIs vary in severity and the range of physical limitations they produce. Spinal trauma may cause paralysis and other functional impairments below the site of the spine injury.
Severe or many fractures are common injuries for victims of slip and fall accidents, and they can happen to anyone of any age when they land awkwardly on hard surfaces. The effects of a fall are magnified for the elderly due to their weakened physical condition.
Internal Organ Damage
Fractures of the hip, pelvis, or other bones are common among the elderly, necessitating hospitalization and ongoing care after a fall. The broken bones can sometimes puncture internal organs when a patient suffers a pelvis or spine fracture.
Local law requires property owners to eliminate any potential dangers on their premises. A proprietor's responsibilities are significant while running a business and inviting customers or clients to its property. If a visitor to the property suffers an injury from a slip and a fall, the owner may be held responsible for their negligence.
Other people who may be liable for the injuries in a slip and fall include:
- Subcontractors: The duty to ensure the safety of the property remains with the owner even if he chooses to hire a third party to handle the upkeep and security. Owner liability may be shared with hired management, security, maintenance, and other service providers.
- Tenants: When a landlord leases out their property or a section to a tenant, the latter is typically held legally responsible for any problems that arise within the leased area. If a tenant causes an incident in a communal area, they may be held partially liable along with the property owner.
A seasoned personal injury attorney can help you pursue compensation from the irresponsible property owner or responsible party after a slip and fall accident.What Damages Can You Recover?
Settlements for slip and fall accidents include economic, general, and punitive damages. Your compensation will depend on the nature and extent of your injuries.
Monetary damages are known as economic damages. The compensation may cover future medical or wage loss costs if the claimant still receives treatment at the time of settlement. A financial expert's projection of future expenses is used in the settlement process.
The essential components of economic losses include:
- Lost wages
- Medical fees
- Scar revision surgeries
- Replacement services
- Funeral and burial expenses
The court awards general damages to compensate for the victim's mental anguish and disruption to their daily routine. The injured party usually provides these subjective assessments. Below are some examples of common general damages:
- Emotional distress
- Diminished family relationships
- Loss of bodily functions
- Disfigurement and scarring
- Permanent physical dangers
The court may award punitive damages if the plaintiff shows that the defendant's conduct was highly negligent or malicious. These damages aim to deter such gross misconduct in the future.
Most insurers doubt the claim when a property owner reports a slip and fall claim to their liability insurer.
However, not all property owners take the risk of injury from slips and falls seriously, even if they are aware of the hazard. They perceive these allegations are often just an attempt to scam the system out of money.
Insurance Pays for Medical Expenses
The insurance company often will perform a thorough investigation when victims suffer serious injuries. They may try to cushion the impact by offering to cover the injured plaintiff's medical bills while denying liability for the case.
This usually happens when the insured party has Medical Payments coverage. Medical Payments coverage covers injuries sustained on the premises regardless of responsibility so that it may look like a reasonable settlement offer to the injured party.
Without an advocate, a claimant may accept less than they deserve in Medical Payments coverage payments as a settlement and give up their right to pursue the total amount.
Low Ball Settlement Offers
Insurance companies often take a dubious view of liability when deciding whether to pay a slip and fall claim. Even in the most severe circumstances, insurance companies sometimes only provide limited settlements unless the problem that caused the injuries was hidden or exceedingly harmful.
Insurers know a plaintiff will likely accept an offer to avoid proceeding to costly discovery and trial.Trial Defenses for Property Owners
Insurance companies are optimistic about their ability to win a trial involving a slip and fall claim. They frequently push a plaintiff to trial because they refuse to offer a fair settlement. Their lawyers use strategies to reduce their clients' financial exposure or win the case on liability grounds.
Some of the most common defenses include:
Proving that the landowner wasn't careless is primary to the defense's strategy. A defendant may attempt to shift blame to the plaintiff by claiming that the plaintiff was at fault because of their footwear or another individual factor.
Status of Plaintiff on Property
Nothing is due from the plaintiff if the defense can show that the plaintiff was a trespasser.
Visible Warning Signs
Property owners may attempt to disprove liability by demonstrating that a warning about the danger that resulted in an injury was clearly shown.
Defendants frequently claim that the plaintiff didn't suffer the injuries claimed or that they weren't as severe as stated.
Our slip and fall lawyers serving Jensen Beach have extensive experience in mediation and trial. By thoroughly examining the facts and assessing our cases before negotiation, mediation, or trial, we have been able to counter the ingenious defense methods employed by insurance companies successfully.
We've had great success for our clients because we always go in with an eye on victory.What Is the Statute of Limitations for a Slip and Fall Claim in Florida?
You still need to meet the deadline even if you have a solid case for negligence. A statute of limitations establishes a time window during which you must file your lawsuit. You can't obtain compensation if you don’t submit your complaint within the statute of limitations.
There is a two-year deadline to file a slip and fall lawsuit in the state of Florida. The statute of limitations begins to run on the date of the accident and cannot exceed two years. Hiring a Florida personal injury attorney will ensure your case is submitted on time.Comparative Negligence in Florida
The owner of the property you slipped and fell on may likely raise the defense of comparative negligence to lessen your compensation. The doctrine of comparative negligence comes into play when you were somewhat responsible for what led to your injury. The courts will lower the amount you can recover as compensation by your degree of fault.
The state of Florida uses a comparative fault rule. Your amount of fault in the accident can reduce your damages or bar you from recovery. Your lawyer can help reduce the amount of fault assigned to you and increase your financial recovery.Get in Touch with Our Slip and Fall Lawyers Serving Jensen Beach
Slip and fall accidents are among the most common accidents in the United States. While they may sound minor, they can cause life-threatening injuries. Don't wait for the statute of limitations to elapse before filing a slip and fall claim. While you may have two years to make a claim, acting quickly ensures you get the maximum compensation value.
If you sustained injuries after slipping and falling on someone else's property, you need an attorney who will go to any lengths to defend your rights. Frankl Kominsky Injury Lawyers has successfully recovered fair compensation.
Let us evaluate your case and determine the legal course of action. Call us at (561) 800-8000 or check out our website to set up a free, no-obligation consultation and discuss your legal options.