Miami Slip and Fall Lawyer

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Slip and Fall Accidents in Miami

A slip and fall accident is a preventable accident that can happen to anyone. If you or a loved one has been injured in a slip and fall accident, it is important to contact an experienced injury lawyer who can help you protect your rights and get the compensation you deserve. 

There are many different types of slip and fall accidents, but they all have one thing in common: they are caused by the negligence of another party.

Florida Slip and Fall Statistics

Slip and fall accidents are a safety hazard that may lead to wrongful death and severe injury every year for thousands of people, senior citizens included.

Miami Slip and Fall Lawyer According to the Florida Department of Health, unintentional falls are the primary cause of injury-related deaths for Florida seniors and residents at large. In 2012, 2,475 residents of Florida died from unintentional falls, and 62,541 residents were hospitalized. As per Bureau of Labor statistics, about 16% of injuries suffered in 2018 were from slip, trip, and fall accidents.

The Consumer Product Safety Commission has previously said that improperly managed floors have caused millions of slips and falls every year.

In addition to physical and emotional issues, Miami slip and fall accidents can lead to some significant expenses. According to the Centers for Disease Control (CDC), the average bill for slip and fall treatment is more than $30,000. This can include medical bills, lost wages, and pain and suffering.

Common Injuries Sustained in a Slip-and-Fall Accident

Injuries sustained in a slip and fall accident can vary greatly, depending on the severity of the fall and the surfaces involved. Some common injuries include:

  •   Neck and shoulder injuries
  •   Cuts, contusions, abrasions and inflammation
  •   Sprains and fractures
  •   Head and Brain Injury
  •   Injuries to the spinal cord

What to do after a Slip And Fall Accident in Miami?

If you or a loved one has been injured in a slip and fall accident, there are some important steps you should take to protect your rights and get the compensation you deserve.

 

  1. Seek medical attention: It is important to seek medical attention as soon as possible after a slip and fall accident. This will not only ensure that you get the treatment you need, but it will also create a record of your injuries which will be important if you decide to file a personal injury claim.
  2. Take photos: If you are able, take photos of the scene of the accident, including any hazards that may have caused your fall. These photos can be helpful in proving your case.
  3. Get witness information: If there are any witnesses to your accident, be sure to get their names and contact information. Their testimony could be important in proving your case.
  4. Contact an experienced slip and fall lawyer: Experienced Miami slip and fall lawyers will know how to investigate your accident, gather evidence, and build a strong case on your behalf. They will also be able to negotiate with the insurance companies to get you the maximum compensation you deserve.
  5. Do not give a statement to the insurance company: The insurance adjuster may contact you after your accident and ask you to give a recorded statement. You are not required to do this, and it is generally not in your best interests to do so. The insurance adjuster may use anything you say against you in an effort to reduce or deny your claim.
  6. Do not sign anything: The insurance company may also send you documents to sign, such as a release of liability or a medical authorization form. You should not sign any of these documents without first consulting with an experienced slip and fall lawyer.

Who is responsible in a Slip and Fall case in Florida?

In order to recover compensation after a slip and fall accident, you will need to prove that the property owner or occupier was negligent in some way. This means that they failed to take reasonable steps to ensure the safety of those on their property, and as a result, you were injured.

In Florida, comparative negligence is used to determine personal injury liability.  This means that if you are found to be partially at fault for your accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you would only be able to recover 80% of the total damages.

The defendant may use many tactics and arguments to show you were partially at fault for your accident, so it is important to have an experienced Miami Personal Injury Lawyer on your side who can protect your rights and help you recover the full amount of compensation you deserve.

Negligence in Premises Liability:

When a property owner, landlord, or manager is careless and their negligence causes harm or loss to others as a result of another’s carelessness, they are held legally responsible for the situation. These claims can affect both residential and commercial properties. 

There are three different types of negligence in premises liability:

1) Negligent security: This is when a property owner or manager fails to take reasonable steps to ensure the safety of those on their property. This can include failing to provide adequate lighting, security, or surveillance.

2) Negligent maintenance: This is when a property owner or manager fails to properly maintain their property, resulting in hazards that can cause injuries. This can include failing to repair broken stairs or handrails, or failing to clean up spills.

3) Hazardous conditions: This is when a property owner or manager knows about a hazardous condition on their property but fails to take reasonable steps to fix it or warn those on the property about the hazard.

In Florida, the law requires property owners and managers to take reasonable steps to ensure the safety of those on their property. If they fail to do so and someone is injured as a result, they can be held liable for the victim’s damages.

Proving Negligence in a Slips and Fall Cases

In order to recover compensation after a slip and fall accident, you will need to prove that the property owner or occupier was negligent in some way. This means you will have to demonstrate that they failed to take reasonable steps to ensure the safety of those on their property, and as a result, you were injured.

To demonstrate negligence, you need to collect evidence of several things about the property owner. The following are some things you have to prove:

  • You lawfully entered the property as a visitor or guest.
  • The property owner knew, or should have known, about the hazard but did not repair it or provide adequate warning to those who could be reasonably expected to encounter it.
  • You experienced physical injury, property damage, or some other kind of loss, typically documented by medical treatment records.
  • All injuries were an actual and proximate cause of the hazard on the property.

An experienced Miami Slip and fall accident lawyer can help you take appropriate steps by reviewing the facts of your case and discussing your options with you.

The standard of care most commonly applied to property owners in premises liability cases is referred to as the “reasonable person standard.” The law considers whether any reasonable person would have identified the hazard and taken action accordingly.

If the property owner or person lawfully managing the property has identified a dangerous condition on the property, but has not taken action that a reasonable person would have taken, they may be liable for all injuries caused by the hazardous condition.

Beware, however, that property owners do have several defenses available to them. To begin with, they are unlikely to be held liable for injuries to a person who was unlawfully on the property.

There is no duty for property owners to anticipate trespassers, so a trespasser should not expect to be compensated for injuries incurred on the property.

In other cases, the actions of the injured person may reduce the amount of compensation they can recover if they are partly responsible for the accident. For example, if the individual was drunk or under the influence of drugs, or was otherwise behaving recklessly, the amount of compensation awarded may be reduced by their own liability.

How can a Miami Slip and Fall Accident Lawyer help you?

Injuries resulting from slip and fall accidents can be severe and life-changing. If you or a loved one has been injured in a slip and fall accident, it is important to seek the help of an experienced Miami slip and fall accident lawyer as soon as possible. Get a risk free and no obligation consultation to discuss your case.

Most cases are easily preventable, but they occur because of improper maintenance of properties and careless owners. If you have suffered from a slip and fall accident due to someone’s carelessness that has resulted in physical injury or monetary harm, you deserve to be compensated.

Private property owners and commercial enterprises have a responsibility to maintain their property in a reasonably safe condition. This includes repairing any known defects, cleaning up spills, and warning visitors of potential hazards. When they fail to do so, people can get hurt.

An experienced attorney can help you collect evidence to prove negligence on the part of the property owner, as well as damages to support your claim for compensation. You should not have to bear the financial burden of someone else’s carelessness. With the help of an experienced Miami slip and fall accident attorney, you can focus on your recovery while we fight for you.

Contact our experienced Miami Slip and Fall Lawyers at Berke Law Firm today!

Since 1986, our Miami slip and fall lawyers have been representing slip and fall victims. We understand the physical, emotional, and financial toll that a slip and fall accident can take on victims and their families.

We have represented clients in a variety of slip and fall accident cases for more than 30 years. From tripping on poorly lit stairwells to slipping and falling on unmarked wet floors, we have the experience and resources to help you.  

Our attorneys understand the process and will guide you through every step of your case. With our experience and knowledge, we can help you get the compensation you deserve! We will take care of the legal details while you focus on your recovery.

If you or a loved one has been injured in a slip and fall accident, please contact us today for a free case consultation. We are here to help! Take expert advice from an experienced lawyer at Berke Law Firm, P.A. today. Call us now at (239) 549-6689.