Slipping and falling on a wet floor or another dangerous obstacle can result in an injury. If you have been hurt in a fall-down accident, you may be entitled to compensation from an at-fault party. To find out, you may let a Miami personal injury lawyer review the facts surrounding your accident and determine if you are eligible to file a claim.
The Schiller Kessler Group has plenty of experience with fall-down accident claims. Our Miami slip and fall accident lawyer is available to discuss your case and go over your legal options with you. To learn more, reach out to us.
What to Do After a Slip and Fall Accident
Falls represent one of the leading causes of unintentional injury-related deaths in the United States, according to the National Safety Council (NSC). You may not expect a slip-and-fall accident to happen, and how you respond to the incident is key. Here are tips to help you get through your accident without putting yourself in further danger:
- Call 911 so medical personnel and police officers can come to the accident scene to assist you.
- Notify the property owner about your accident and, if possible, get a copy of an accident report.
- Take down the contact information of anyone who saw your fall and ask if they would feel comfortable giving eyewitness testimony.
- Preserve your shoes in a plastic bag, as any material stuck to them may be used as evidence.
- Use your smartphone to take pictures and videos of any safety hazards that may have contributed to your fall, your injuries, and any other aspects of the accident scene.
- Get medical treatment.
Along with these things, do not talk to an insurance company or anyone associated with the property about your accident until you hire a Miami slip and fall accident attorney. Also, do not agree to a settlement offer until your lawyer has had a chance to look it over. You should not post about your accident on social media as well since any comments, photos, and videos you share may be used to show the incident, or your injuries may not be as severe as you initially reported.
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Slip and Fall Accident Liability
You may hire a slip-and-fall accident lawyer in Miami who has helped many clients get outstanding case results. Regardless, you are still responsible for proving an at-fault party is liable. If you cannot do so, you may not receive any compensation.
The party responsible for a trip and fall may be a homeowner, business operator, or government entity. A slip-and-fall accident attorney in Miami may help you figure out who is liable for your injuries. They may also be able to work with you to build an argument that makes it clear to a judge or jury you are in no way responsible for your accident.
At The Schiller Kessler Law Group, we understand the challenges that come with proving liability in a personal injury case. Our legal team may be able to help you gather evidence and prepare an argument that resonates with a judge or jury. For more information, get in touch with us.
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How to Prove Liability in a Slip and Fall Case
If you seek compensation for a slip and fall accident, you may file a claim or lawsuit against the party who owns or maintains the property where your fall occurred. Per Florida’s statute of limitations, you may have up to two years from the date of your accident to seek compensation from an at-fault party. Here are the things you must show to prove an at-fault party was responsible for your accident:
- Duty of Care: You must establish an at-fault party had a legal obligation to protect you from getting hurt.
- Breach of Duty of Care: You must show this party failed to uphold their duty of care.
- Causation: You must verify the party’s actions caused you to get hurt.
- Damages: You must confirm you suffered losses due to the accident.
In a slipping and falling case, you may qualify for economic and non-economic damages. You may receive economic damages for losses you can quantify and non-economic compensation based on subjective harm. There are also times when a judge or jury awards punitive damages to deter an at-fault party from committing future negligent acts.
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How Much a Slip and Fall Claim Is Worth
A trip and fall attorney may answer frequently asked questions about personal injury claims and how much they are worth. If you do not know how much your claim is actually worth, you may wind up accepting a settlement offer that does not come close to covering all of your economic and non-economic losses. Fortunately, a trip and fall lawyer may help you calculate your damages.
Your attorney can help you evaluate fair compensation for your medical bills, lost wages, pain and suffering, and other losses. They may encourage you to pursue both economic and non-economic damages. Every case is unique, so be sure to discuss the details of your particular circumstances with your representative.
Just because you ask for damages after a trip and fall does not guarantee you will receive them. An at-fault party may do everything within their power to show they should not have to pay you compensation. By hiring an attorney who knows how to navigate the legal process, you may boost your chances of getting a fair settlement.
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Slip and Fall Accident Settlement
It may be beneficial to choose an attorney who has received many positive client reviews to represent you. This lawyer may advocate for you, protect your legal rights, and focus on your best interests. They may help you secure a settlement that lines up with your expectations.
In a trip and fall case, you may get a settlement at any point before your case goes to trial. Your lawyer may help you evaluate a settlement proposal. If an offer is well short of what you may be able to get if you go to trial, your attorney will let you know.
If you decline a settlement offer, you and your lawyer can keep working together to strengthen your argument. You may have to bring your case to trial to get compensation. During your trial, your attorney may do whatever they can to compel a judge or jury to rule in your favor.
Partner with a Miami Slip and Fall Accident Lawyer
The Schiller Kessler Group has aggressive attorneys to represent our clients in personal injury claims. Our Miami slip and fall attorney may be able to help you get damages from anyone who caused you to get hurt. To schedule a free consultation, contact us today.
Call or text 800-350-3476 or complete a Free Case Evaluation form