Miami Slip And Fall Attorney
Slip and fall accidents can happen anywhere and to anyone. These incidents can be jarring and damaging, leading to serious injuries including broken bones, concussions, even death. However, when victims of slip and fall accidents attempt to pursue legal action or file insurance claims for their injuries, they can be met with skepticism, dismissal, and blame due to Florida’s “pure comparative negligence laws.”
Our Miami attorneys atFlanagan Personal Injury & Wrongful Death Law Firm, P.A. are well versed in handling cases that involve slip and fall accidents. Since we focus solely on personal injury and wrongful death cases, we are skilled at finding paths to receiving the compensation our clients deserve.
Slip and Fall Statistics
Slip and fall accidents are significant safety hazards that cause injury and death to hundreds Miami residents every year; senior citizens age 65 and older are particularly at risk.
The Florida Department of Health provides the following statistics on slip and fall accidents:
- Unintentional falls are the leading cause of injury-related death for Florida’s senior citizens.
- Unintentional falls are the fourth leading cause of injury-related death for Florida residents.
- In 2012, 2,475 Florida residents died because of an unintentional fall, and 62,541 residents landed in hospitals.
Florida employees are at risk for slip and fall accidents, as well. According to the Bureau of Labor Statistics, 16% of all fatal work injuries that took place in Florida during 2016 were slip and fall accidents.
Who Is Liable?
Florida operates under a pure comparative negligence rule. Before reaching a settlement in a personal injury case, the court will have to decide what percentage of the blame belongs to the victim and what percentage belongs to the defendant.
In slip and fall cases, the defendant can make several claims against the victim to reduce the value of the claim, including:
- The victim was not allowed to be in the area where the fall took place.
- The victim should have known better and been more cautious.
- The owner took reasonable steps to protect the victim from the fall hazard, including signs.
- The victim was wearing inappropriate footwear.
If the court finds that the victim is responsible for a percentage of the negligence in the incident, it will use that percentage to reduce the value of the settlement.
For example, if the jury finds that a victim wore inappropriate footwear that may have contributed to his or her fall, the court may find that the victim is 30% at fault for the fall. If the settlement amount is $20,000, the court will deduct 30% from that amount. As a result, the victim will only receive $14,000.
Another factor in determining liability for slip and fall cases is in Florida Statute 768.0755 on premises liability. This statute states that if a person slips on a foreign substance in a business, he or she must prove that the business knew about the substance before the accident and failed to take steps to make the area safe. If the victim cannot do this, he or she does not have grounds for a case.
Why Do You Need a Lawyer?
Slip and fall accidents are tricky legal processes to navigate without proper education and training. Proving liability requires detailed knowledge of Florida personal injury law, and the litigation process is complicated. Florida’s pure comparative negligence rule can also strip compensation from the victim, and the premises liability statute can prevent compensation altogether.
This entire process can be quite stressful for anyone, especially for those who are suffering from a severe injury. Hiring a legal professional who can take care of the case will lead to less stress for the victim, allowing him or her to focus on recovery.
In addition, filing claims with insurance companies is difficult without legal representation. These companies can offer the victimless compensation than what he or she deserves. An attorney can identify if a victim is receiving fair compensation and assist with negotiations.
Get Experienced Legal Representation – Call Today
At Flanagan Personal Injury & Wrongful Death Law Firm, P.A., our lawyers focus on obtaining fair compensation for victims of slip and fall accidents. From consultation to settlement, each client receives personal, precise attention and peace of mind, knowing that his or her case rests in capable hands.
Contact our offices at (305) 638-4143 to schedule your free consultation today.