The aftermath of a slip and fall accident in Florida can feel like traversing a maze of uncertainty. From receiving the right medical care to proving liability of the negligent parties, the path to physical, emotional and financial recovery can seem daunting. However, armed with strong legal representation, winning a slip and fall case in the Sunshine State is within reach.
If you or someone you love was injured in a slip and fall accident because of the negligent actions of a property owner, manager or occupier, an experienced Florida premises liability attorney can establish liability and help you obtain the largest possible compensation for your injuries and losses.
The First Step: Get Prompt and Appropriate Medical Care for Your Slip and Fall Injury in Florida
Getting timely and appropriate medical care after your slip and fall accident not only protects your well-being, it also helps strengthen your claim for damages. An experienced Florida slip and fall lawyer can help you obtain the right medical treatment. They will also assist you with receiving proper medical documentation from healthcare professionals who treated your injuries.
Medical records, including diagnosis, treatment plans, and prognosis, serve as critical evidence linking your injuries to the slip and fall incident. Delaying medical treatment can weaken your case by providing an opportunity for the defense to argue that your injuries were not serious or were caused by other factors unrelated to the fall.
Your attorney can help ensure you are consistent in reporting symptoms to healthcare providers as well as maintain a journal of your recovery process. This can strengthen your claim by demonstrating a direct correlation between the fall and your injuries.
In complex cases or disputes regarding the extent of injuries, your attorney will arrange for expert medical testimony from qualified healthcare professionals to back your claim. Medical experts can offer opinions on causation, prognosis, and the impact of the injuries on your daily life and future well-being.
Establish Liability by Showing the Property Owner Had Notice of the Dangerous Condition
Your Florida slip and fall accident lawyer will aim to establish that the property owner either knew or should have reasonably known about the hazardous condition that caused your slip and fall injury. An experienced attorney will also use the following evidence to establish liability:
- Maintenance Records: Maintenance records or inspection logs from the property owner or management can provide insight into the frequency of inspections, repairs, or maintenance performed on the property and whether the hazardous condition was identified and addressed in a timely manner.
- Witness Testimony: Eyewitnesses who observed the hazardous condition before your slip and fall accident can provide valuable testimony regarding how long the condition existed and whether the property owner or employees were aware of it.
- Surveillance Footage: If available, your lawyer will obtain surveillance camera footage from security cameras or monitoring systems installed on the property to determine whether the hazardous condition was captured on camera before the slip and fall incident occurred.
Impact of Modified Comparative Negligence in Slip and Fall Claims in Florida
Under the modified comparative negligence rule in Florida, a plaintiff’s recovery is reduced by their percentage of fault for the accident. If you are found to be equally or more at fault than the defendant, you may be barred from recovering any damages. Clearly, in order to escape liability, the defendants will argue that your own negligence contributed to the accident. This is why you need a skilled and resourceful premises liability attorney in Florida on your side who can find compelling evidence to prove liability of the negligent parties.
Types of Evidence Your Attorney will Collect in a Slip and Fall Claim
- Incident report filed with the property owner or manager
- Photographs and videos of the hazardous condition
- Surveillance camera footage from all possible sources
- Property maintenance policies and documentation of previous incidents or complaints
- Expert testimony from engineers, safety consultants, or other relevant professionals
- Medical records documenting the severity of injuries and linking them to the hazardous condition
Types of Experts Your Attorney May Hire to Establish Your Slip and Fall Injury Claim in Florida
Here some of the experts a resourceful slip and fall injury attorney in Florida may hire to bolster your claim for damages:
- Accident Reconstruction Experts
- Engineers
- Safety Consultants
- Medical Professionals
- Forensic Specialists
- Accountants
- Human Factors Experts
Role of a Lawyer in Negotiating a Slip and Fall Injury Settlement in Florida
A skilled Florida personal injury lawyer possesses comprehensive knowledge of Florida’s premises liability laws, including statutes, regulations, and relevant case law. They can assess the merits of your case, identify potential legal issues, and develop a strategic approach to pursue maximum compensation.
Your lawyer will conduct a thorough evaluation of your slip and fall case, examining factors such as the cause of the accident, liability, extent of injuries, and available evidence. They will determine the strengths and weaknesses of your case and advise you on the best course of action.
They will serve as your advocate throughout the legal process, representing your interests in negotiations with insurance companies, property owners, and their attorneys. They will work tirelessly to obtain a fair settlement that fully compensates you for your injuries and losses.
If a settlement cannot be reached through negotiations, your lawyer will be prepared to take your case to court. They will handle all aspects of litigation, including filing legal documents, conducting discovery, presenting evidence, and advocating on your behalf during trial.
Choose the Most Results-Driven Slip and Fall Accident Law Firm with a Record of Large Settlements and Verdicts
At Larry Moskowitz, PA, we understand the challenges you may be facing after a slip and fall injury, and we are here to provide the comprehensive support and legal resources you need to win your case.
With over three decades of experience in personal injury law, our team led by attorney Larry Moskowitz has honed their skills and developed a proven track record of success in slip and fall claims throughout Florida. We leave no stone unturned in pursuit of justice for our clients from investigating the scene of the accident to gathering vital evidence and aggressively negotiating with insurance companies.
Take control of your future with attorney Larry Moskowitz on your side. Call us today at 866-312-0708 to schedule a free case evaluation.