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The Difficulty Inherent In Slip And Fall Cases

Being injured is no fun, and can put a serious damper on your life due to its ability to render you incapable of completing basic tasks. From missing work to being forced to stay in a hospital to bringing tremendous pain to your life, an injury is one of the worst things that we can deal with.

And it’s even worse when your injuries were caused by others. That’s why an accident claim is so important – personal injury lawsuits help those who are injured due to the actions of someone else get the compensation that they deserve. That financial compensation can help you pay your medical bills and stay afloat financially while you focus on your physical recovery.

In order to get financial restitution under Florida law, you have to be able to show that the other party involved in an accident acted in a negligent or reckless manner. In automobile accidents this is fairly straightforward – things like drunk driving or driving while texting are obviously reckless and are easy for a good accident lawyer to prove.

But slip and fall cases – the kind of personal injury cases that many think of when they hear the term – are much more complex and much more difficult to take to court or get a settlement out of. You still have rights, and it is still possible to get the compensation you deserve. But you need to understand the challenges.

Unwillingness To Pay

The first challenge is the same one that is faced in any personal injury case – an unwillingness from the insurance company or the other party to pay out any kind of restitution. Insurance companies are notorious for doing all that they can to avoid paying anything to those who are injured in an accident.

And as for a property owner who was responsible for an injury on their property, it’s obvious that they will do all they can to fight against any lawsuit. If they are forced to pay out it can impact their finances directly, raise their insurance rates, ruin their reputation, and more. Simply put, it’s going to be a battle to get what you’re owed – even if it’s obvious that you are owed it.

Difficulty Proving Fault

The other big challenge is actually proving that you should receive compensation to the courts. A slip and fall may seem like an obvious, open and shut situation, but that’s not always the case. The reason is that under Florida law, proving fault due to negligence or recklessness in a premises liability case can be more difficult than an auto accident.

In premises liability, it must be shown that the property owner or manager was aware of a safety risk and did nothing to warn people about it or to correct it. For example, a spill that leads to a slick floor and triggers a fall could be considered negligent behavior – but only if the property manager was aware of the spill and failed to clean it or put up warning signs. If nobody responsible for maintaining the property knew about the spill, they can’t be held liable for injuries caused by it.

There are numerous ways to show that fault does indeed lie with the other party and that you deserve compensation, including things like safety records, security camera footage, witness testimony, and more. But these can be difficult to compile by those who aren’t sure what to do.

The Bottom Line

Simply put, if you’re injured in a slip and fall accident, you could deserve compensation for your injuries. However, it may be more difficult to get even an initial settlement offer than you might realize. A good slip and fall lawyer will be instrumental in getting you the compensation that you’re owed. Don’t try to get restitution on your own – you’ll be fighting an uphill battle that is harder to win than you realize. Instead, trust in the professionals to help you.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

The Difficulty Inherent In Slip And Fall Cases

Goldman Babboni Fernandez
Murphy & Walsh

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