Slip and Fall Lawyers Serving Sunrise
Florida residents have the right to safe and hazard-free public spaces. Suppose obstacles such as fluid spills or a loose rug in a public environment like grocery stores, restaurants, or hospitals cause an individual to slip and fall. In that case, they are legally entitled to seek compensation.
Slip and fall attorneys are lawyers who specialize in helping people who have suffered injuries due to a fall on another person's or company's property. However, there might be several causes of a fall. Other than slipping, there are various ways that visitors could sustain injuries on another entity's property.
If the victim's fall was caused entirely or partially by the negligence of another party, they might have a claim for damages under Florida's premises liability statute. To find out more about local and state slip and fall injury laws, contact a Sunrise slip and Fall Lawyer.
Many Floridians are at risk for life-threatening injuries due to slips and falls. The Centers for Disease Control and Prevention (CDC) reports older adults in Florida aged over 65 are at a high risk of injury due to falls.
One in four seniors suffers a fall each year in the United States. If an individual falls once, their chances of falling again double. The annual healthcare cost of older adults falling in Florida is nearly $4 billion, based on data from the CDC.Choosing the Best Florida Slip and Fall Attorney near Me
Our team of dedicated injury attorneys at Frankl Kominsky in Sunrise, Florida, have extensive experience representing Floridians and tourists who have sustained severe injuries and accidents that were caused by the negligence of others.
When someone falls, they may be hesitant to seek legal counsel. Since falling is embarrassing and nobody wants people to think they're shaky on their feet, many people who suffer injuries from falls believe they should tough it out rather than seek medical attention. At Frankl Kominsky injury lawyers, we understand what it takes to help accident victims recover fair compensation for their damages.
In case one falls because of the negligence of others, Florida premises liability laws offer various protections. By filing a claim for the damages you've suffered because of a slip and fall, fall victims not only get compensation for their injuries, but they'll also help make public spaces like restaurants, shopping malls, and parks safer for everyone.
But how does one choose the best Florida slip and fall accident lawyer? Consider the following factors before retaining an attorney:
- What is the attorney's track record in Florida slip and fall cases?
- Can you trust that the firm will devote the necessary time and energy to your complicated case?
- Does the lawyer have experience in negotiation and courtroom proceedings?
- Do other professionals and satisfied clients recommend the slip and fall accident lawyer?
- Does the law firm offer free consultations?
Frankl Kominsky Injury Lawyers recognizes that each client has unique criteria for what makes a good Florida slip and fall accident lawyer. Having a personal meeting to discuss your case is one of the ways we can make the process less stressful for you. We provide free consultations to understand your situation better and advise you on your legal choices.Premises Liability in Florida
Florida has a body of law devoted to determining who is responsible for someone's injuries if they are hurt in a fall on another person's property. These statutes are known as premise liability laws.
According to Florida premise liability laws, some circumstances may entitle you to compensation for injuries sustained in a slip and fall at home. Call an experienced personal Florida injury attorney for more details on these statutes.
Like most American states, Florida acknowledges the responsibility of property owners and tenants to ensure the safety of visitors. If the owner or occupier of a property fails in this obligation and a guest sustains injuries, the owner or occupier may be held liable for any resulting damages.
However, not all guests travel for the same reasons, and not all establishments offer the same amenities. The legislation establishes the owner's or occupier's responsibility to ensure the safety of three broad groups of visitors to a building.Building Owners Owe Invitees the Greatest Duty of Care
Invitees are individuals with the express or implied consent to enter a property for the advantage of the property's owner or occupant. This usually applies to guests that enter a premise for business or official purposes.
Owners and occupiers of properties owe a duty of care to their guests, so they should take all necessary precautions to ensure their safety. They're obliged to keep the premises safe for guests and alert visitors of any hazards until they're resolved. Customers of any publicly accessible establishment, such as shops, restaurants, and theme parks, are considered invitees.Licensee Protections Are Less than Those for Employees
Licensees are visitors with either explicit or implied authorization to use someone else's property for personal gain. The duty of care given by owners or occupiers to licensees is slightly less than that owed to invitees.
The property owner has a legal obligation to protect licensees from intentional harm and to inform them of any hazards. However, in contrast to their duty toward invitees, owners or occupiers do not have an ongoing duty toward licensees to ensure the safety of the premises.
Individuals who are licensees include social guests at private homes and people visiting public parks or beaches.Trespassers Have the Least Protections
When someone enters someone else's property without their consent, the owner or occupier of the property has almost no obligation to protect the trespasser. The only responsibility an owner or occupier has to a trespasser is to not intentionally hurt them. However, homeowners have the right to protect their property from criminals through the "stand your ground" legislation.
Florida premise liability laws offer protections for trespassers who are minors. When a property has an amenity, such as a swimming pool or a trampoline that will appeal to a child, the owner or occupier has an obligation to make reasonable efforts to keep the child safe from injury, even if the minor is a trespasser.
When representing a client who has sustained injuries in an accident on private property, a lawyer's first order of business is to determine the nature of the visitor and the circumstances under which the injury occurred. This information will give the attorney a better idea of the extent to which the property owner or occupier may be held legally liable for the client's injuries.
Regardless of whether or not they had permission to be on someone's property at the time of their injury, contact Frankl Kominsky Injury Lawyers to learn your legal rights.How to Prove Owner Liability
It is the responsibility of the injured party to prove that the business had actual or constructive knowledge of the dangerous state and should have taken action to remedy it, according to Florida Statute 768.0755. The plaintiff's counsel in a Florida slip and fall case could use evidence such as:
- The business owner should have noticed the hazard that led to the accident because the dangerous condition had existed for a long time.
- Regular occurrence of the condition made it predictable.
Even a seemingly minor fall might result in severe or even fatal injuries. Particularly vulnerable are the elderly Floridians, whose bones are less dense with age, and the young, whose cognitive capacities are still maturing.
Our Sunrise slip and fall lawyers have seen a wide variety of injuries from falls, however below are the most common:Fractures and Broken Bones
Our bones weaken and break more easily as we get older. When an elderly Floridian falls, their hip may get injured if they land on their side. If one extends their arm to cushion the fall, their wrists take the bulk of the force causing fractures or broken wrist bones.
People of all ages can suffer from a broken bone in a fall, depending on the severity of the impact. These types of injuries may affect various types of bones.Brain Injuries
Brain injury is a significant risk in falls where the victim sustains a hit to the head. Since victims may not detect head injuries, getting medical attention quickly is essential if you've recently fallen and hit your head.
Medical practitioners can easily detect concussions and traumatic brain injuries (TBIs) through a thorough assessment. Remember that even if you don't feel injured right after a fall, you shouldn't think you're fine. A brain injury may delay the onset of symptoms and impair one's ability to think clearly and make good decisions.Spinal Cord Injuries
Nerve fibers protected by the spine help transmit the brain's messages to other body parts. A fall that strikes or exerts an unusual strain on the spine may cause a catastrophic injury to the spinal cord. Severe and mild spinal cord injuries may cause temporary or permanent paralysis. A seasoned personal injury attorney in Sunrise, Florida, can help you recover compensation for damages.Nerve Problems and Soft Tissue Damage
The force of a fall can inflict trauma on soft tissues, including muscles, ligaments, and tendons, resulting in tears, sprains, and other injuries. It may also lead to permanent nerve damage. While most soft tissue injuries of these wounds can heal, they can leave their victims with debilitating chronic pain that affects the quality of life.Wrongful Death
If the above injuries are severe enough, the fall victim may die immediately or later from related health problems. Families of deceased persons may be entitled to compensation even if their loved ones did not pass away instantly after slipping and falling and the injury-related health complications triggered fatal health like organ failure or stroke.Where Are People Most Likely to Slip and Fall?
A slip and fall mishap can happen anywhere, from an outside parking lot or sidewalk to an indoor office or workplace, or even a store or shopping mall. The nature of a company's operations may make slip-and-fall accidents more common.
Liquid spills play a significant role in slip and fall cases. Places like malls, supermarkets, hotels, and movie theaters usually have many instances of people sustaining injuries by slipping and falling. Slip and fall accidents are also more common in office buildings with tiled floors, especially after the cleaning crew has washed and polished a floor.Why You Should Hire Our Slip and Fall Injury Attorneys
After suffering an injury due to a fall on another person's property, getting medical attention is the top priority for the injured person. Prioritizing health and going to the doctor will ensure that injury victims get the care and answers they need to heal completely from their injuries.
After the victim's health has improved, it's essential to talk to a Florida slip and fall lawyer from Frankl Kominsky. Our first meeting with you will be free, strictly confidential, and won't obligate you to use our services in the future. Some of the ways our attorneys assist slip and fall accident victims include:Investigating the Accident
We begin investigating a client's fall as soon as possible. Most owners will quickly attempt to address the underlying issue if a slip and fall incident occurs on their property. Since property owners or occupiers would want to cover their tracks after a major disaster, this highlights the urgency with which we must act to protect the physical and visual evidence at the scene of the accident.
Our client may be able to use that information to show how the fall occurred and what the owner and occupier failed to do to prevent the injury.Handling Negotiations
The attorneys at Frankl Kominsky have extensive experience negotiating settlements on behalf of accident victims. With our help, clients have a fighting chance when dealing with insurance companies and property owners' attorneys.
Insurance adjusters and defense attorneys' primary purpose is to limit their financial exposure. This can make victims, and their families feel like they've been victimized again if they don't have seasoned lawyers with excellent negotiation skills on their side.Representation in Court
Most slip and fall lawsuits in Florida and other American states get resolved through out-of-court settlements. However, preparing to go to court and win gives the injured victims added leverage during negotiations.
Our confident attorneys at Frankl Kominsky are formidable adversaries in the courts because our results speak for themselves. Although no one can guarantee a specific outcome in court, our reputation as fierce advocates for our clients allows us to ensure that they have the best chance of winning the compensation to which they are entitled.Common Causes for Slip and Fall injuries
Most lawsuits filed against commercial property owners involve slip and fall accidents. Companies should be alert to these frequent issues and take immediate action by fixing them or placing warning signs. Examples of typical contributors to the occurrence of slip and fall incidents are:
- Poor lighting
- Fluid spills and wet floors
- Obstructed walkways
- Flimsy handrails
- Poorly stacked merchandise
- Foreign substances on the floor
What Damages Can I Recover?
A slip and fall can cause anything from a fractured bone to brain damage. Besides the physical and emotional toll of a slip and fall injury, there are also financial repercussions. Slip and fall injury victims may seek compensation for:
- Current and future medical expenses
- Lost wages
- Loss of earning capacity
- Loss of enjoyment of life
- Household expenses
- Mental anguish
- Pain and suffering
If the plaintiff and the defendant disagree on a monetary settlement, the plaintiff can go to trial and have a jury decide on a monetary award. Florida laws have no cap for slip and fall cases.
It is essential to understand that Florida is a comparative negligence law jurisdiction. The comparative negligence law states that if the injured person were partially liable for the accident, the insurance company or courts would consider the partial fault when calculating settlements or compensation. The injured party will be assigned a percentage of the blame, so any compensation awarded will get reduced by the same ratio.Get in Touch With a Florida Personal Injury Lawyer Now
When someone slips and falls on another person's property because of the property owner's carelessness, they may get overwhelmed with pain, anger, and confusion. Such injuries leave victims wondering how to cover medical care costs or make up for money lost when not working.
Our team of dedicated attorneys will evaluate your case and determine whether to pursue legal action. They will also ensure that you file a claim within the time limits for pursuing legal choices. We will also handle all communication between our clients, insurance adjusters, plaintiff attorneys, and law enforcement agencies.
To discuss the specifics of your slip and fall accident and how to proceed with a claim, don't hesitate to get in touch with Frankl Kominsky Injury Lawyers for a free consultation. Call us now at (561) 800-8000 for a case evaluation, or reach us through the online contact form on our website.