Not all personal injury claims or lawsuits will be meritorious. There are various cases in tort or personal injury law, and any injuries that fall into these cases can turn into claims and lawsuits. Negligent behavior, reckless actions that result in a trip and fall or trip and call (which fall under the premises liability umbrella) are some of the more common types of personal injury claims that our lawyers handle regularly.
As mentioned, Slip-and-fall accidents fall under the premises liability umbrella. Premises liability is when the owner of the property is responsible for negligent acts that result in injuries on their their property.
As experienced slip and fall lawyers, we know that every day, numerous slip-and-fall accidents and trip-and-fall accidents happen, but not all these accidents will result in a meritorious personal injury claim. The following slip-and-fall injury conditions and scenarios are more likely to qualify as personal injury claims or lawsuits likely to be successful. But, each case is different and our law firm has handled some very odd and very atypical cases.
Different Kinds of Slip and Fall Injury Cases
Negligence of Property Owner or Employee
It is a situation when a person incurs injuries due to something the owner or the employees did not recognize as a potential danger. It comes under personal injury law because it is the responsibility of the property owner and the employees to ensure a safe environment for all. They failed to identify potential danger, within a reasonable period of time but did not take the necessary steps to address the problem, they are liable for the resulting slip and fall, trip and fall, or other premises-related injury.
An example of this is the classic supermarket slip and fall injury claim where produce fell on the floor (perhaps due to the fault of an employee or even another customer) and was not noticed for a long-period of time only to inevitable cause another publix or wholefoods customer to slip and fall.
The Danger was Reasonably Foreseeable
Slip and fall injuries also occur when the property owner or their employee was well-aware of the danger but did not do anything to address the problem. They knew that there was something dangerous on their property, but they ignored it, perhaps because it would cost money to fix or because they thought another employee would fix the problem. Either way, the property owner is liable for the resulting slip and fall, trip and fall or other premises-related injury.
Starting a Slip-and-Fall Injury Claim
Before you think about filing a claim or a lawsuit for your slip-and-fall injury, you must know about the statute of limitations. Every personal injury claim has a period within which you must file a claim. After the end of the statute of limitation, a personal injury claim cannot be filed. In Florida any action based on a 3rd party’s negligence has a four year statute of limitations.
Here is how to move forward with a slip-and-fall injury claim.
Step 1: Report the Accident to the Property Owner
The first thing you need to do after the slip-and-fall accident is to report it to the property owner. If the owner is not available, it is best to take the matter to the person overseeing the matters on the property – i.e. the manager on duty. If you get hurt on a commercial property, you must report the accident to the highest-ranking person available at that moment. If you do not report the matter to someone on the property, it may not affect your claim if it has witnesses. In case there are no witnesses, the legitimacy of the claim comes under question if it was not reported to the property owner or employees.
Obviously, this is not a concern if, for example, an ambulance is called and you are transported from the premises to the emergency room. Other times there may be video cameras that captured the incident which require quick work in order to preserve.
But otherwise, filing an incident report or having witnesses are incredibly important.
Step 2: Get Medical Assistance
Without any delays, you must get yourself medically evaluated for any severe injuries after the accident. Slip-and-fall accidents cause brain injuries, hip fractures, and even spinal injuries, therefore, it is best to get immediate medical assistance after one incurs injuries due to a slip-and-fall accident. Not only will a doctor treat your injuries, but they will let you know how severe your injuries are, which will help you build the worth of your case. Keep all the medical bills and invoices safe to provide as proof.
But don’t see a doctor just to build you case. See a doctor because you are in pain and you don’t want to be in pain.
Step 3: Gather Information About Witnesses
If there were any witnesses at the time of your accident, you must gather information about them. If you are not in a state to gather the contact information, try to just take the names of people who were there as witnesses. Your attorney can then meet these witnesses while you receive treatment for the injuries and build a personal injury case.
Step 4: Take Pictures
If possible, take as many pictures you can of the entire scene. When a property owner becomes aware that a victim is filing a claim, the first step they take is to get rid of the obstacles or dangers that was the cause of the accident. Visual proof is the best type of evidence you can provide to prove the legitimacy of your claim. Therefore, take pictures of the scene at the earliest so that you do not miss out on major evidence.
Pictures of the scene, pictures of what caused your slip and fall, pictures of your injuries are all valuable visual aids that will help build your slip and fall claim.
Step 5: Filling Accident Report Forms
In some cases, the victims must fill out the accident report forms. You don’t need to fill out the accident report forms. If you do not feel comfortable or are too unwell to do it, just provide your name and phone number. If you want to fill out the form, make sure you be very accurate with the details.
Hire a Slip-and-Fall Injury Lawyer
Hiring a Miami slip-and-fall injury lawyer is essential if you want to bring a slip and fall injury claim. Even if you do not wish to file a lawsuit, you will have to negotiate with an insurance company. It is a wise decision to choose a professional attorney as a negotiator for a reasonable settlement with the insurance company.
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