Slip and Fall Lawyer

Slip And Fall Injury Attorneys Serving Florida

Slip and Fall

Florida businesses are held to a duty of care to ensure the safety of their customers. Dangerous conditions often arise in areas such as doorways, cluttered spaces, uneven surfaces, busy corridors, stairways, and areas with unsecured objects. Even if it seems you could have avoided the accident by being more careful, the responsibility often lies with the business establishment that failed to ensure your safety.

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Slip and Fall Lawyer

Getting Compensated After A Slip And Fall

The duty of care expected from businesses isn’t limited to the initial setup of the premises. It also extends to the upkeep of the premises. Florida’s negligence statute further elucidates this duty, stating that a business can be held liable for slip and fall accidents caused by a substance (like water) if the business had actual or constructive knowledge of the hazardous condition and failed to address it.

Understanding the difference between actual and constructive knowledge is crucial here. Actual knowledge is firsthand awareness, gained by direct observation or being informed by others. Constructive knowledge, however, refers to situations where one should reasonably have been aware of a condition. For instance, a storekeeper may not have directly observed a water leak, but if the circumstances made the presence of water obvious, they would be held to have constructive knowledge of the danger.

If you’ve suffered a slip and fall accident at a Florida business establishment, it’s important to document the circumstances leading to the accident. Take note of your surroundings and the cause of your fall. If possible, gather contact information from any witnesses. It’s also crucial to document your injuries, medical costs, lost wages, and other relevant information. This information is vital in building a strong claim to secure the best possible settlement for you.
While Florida law provides a two-year window to file a personal injury claim, it’s in your best interest to begin the process as soon as possible after your accident. Your memories will be fresh, your injuries will highlight the gravity of the accident, and if you’re losing wages due to the accident, a speedy resolution can help cover your medical expenses.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we understand that dealing with the aftermath of a slip and fall accident can be overwhelming. That’s why we’re here to shoulder the legal burden and provide the expert support you need.

Insurance companies and their aggressive lawyers may try to avoid responsibility for a slip-and-fall accident. But our seasoned Florida slip & fall lawyers are experienced in proving both actual and constructive knowledge and are dedicated to holding negligent parties accountable.

Reach out to us today to learn how we can serve you in this challenging time. Our offices in Bradenton, Venice, Lakewood Ranch, Fort Myers, Sarasota, Englewood, Punta Gorda, Lakeland, Saint Petersburg, Port Charlotte, Sarasota, and Arcadia are dedicated to serving you with our highly skilled team of lawyers. Don’t let a slip-and-fall accident burden you further – let us help you navigate the path to justice.



How Much Is A Slip and Fall Worth In Florida? How Much Is A Slip and Fall Worth In Florida?

Determining the value of a slip and fall injury can be difficult due to the complexities of each unique case.  There are a variety of factors that can affect the amount of compensation you may be entitled to. The experienced personal injury attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh will work to ensure that you receive fair and just treatment for your injuries.

Generally, the value of a slip and fall injury case in Florida is based on the following:

Medical Expenses:  Medical expenses include bills and related costs for all medical treatment from your accident, such as hospital stays, surgeries, physical therapy, medications, and any necessary future medical care.

Lost wages:  Lost wages include any income you have lost as a result of the accident,  which has reduced your ability to earn an income.  This applies if you have had to change jobs or work fewer hours due to the accident.

Pain and Suffering:  Non-economic damages compensate you for the physical pain and emotional suffering you have experienced as a result of your accident.  Pain and suffering can encompass physical discomfort, mental distress, loss of enjoyment of life, disability, disfigurement, and more.  These damages are calculated based on the severity of the injuries using a multiplier that takes into account how the disability has affected your life.

Loss of Consortium:  If the injury has negatively affected your relationship with your spouse or partner, you may be entitled to loss of consortium damages.  This refers to the loss of companionship that you have experienced as a result of your injuries, sexual relationships, and assistance that the injured spouce has suffered.

Punitive Damages:  Punitive damages are awarded when the at-fault party was especially reckless.  Their purpose is to punish the wrongdoer for their actions and prevent them from causing further harm to others.

It’s crucial to remember that Florida operates under a “pure comparative negligence” rule in slip and fall cases. This means that if you are found to be partially at fault for your injuries, your compensation may be reduced accordingly. For example, if you are found to be 30% at fault, your total compensation will be reduced by 30%.

In order to provide a precise estimate of what a slip and fall case might be worth, we would need to review the specific details of your situation, including the nature and extent of your injuries, the circumstances leading up to the incident, and any evidence of negligence on the part of the property owner by our experienced attorneys here at Goldman, Babboni, Fernandez, Murphy & Walsh.

 


 How Long Does It Take To Settle A Slip and Fall Case In Florida? How Long Does It Take To Settle A Slip and Fall Case In Florida?

The duration of your case will vary depending on a number of factors unique to your situation.  At the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh, we understand that you may be eager to get the process moving so that you can begin receiving compensation for your injuries and other damages. Our top priority is to ensure that we take the right steps to protect your rights and secure the maximum amount of compensation possible for your case. 

 

There are certain factors that can influence how long your case may take to settle:

Severity if injuries sustained:  Cases involving serious injuries are often more complex and take longer to settle because it is essential to fully understand the extent of the injuries and the potential impact on your life and future.  This ensures that the settlement amount is sufficient to cover all of your medical expenses and other loss.

Liability:  If liability is disputed or there is a question of whether the defendant was at fault it may take longer to resolve the case to establish the property owner’s negligence.

Negotiations with the insurance company:  The negotiation process can be lengthy, particularly if the insurer disputes the claim or offers a settlement that is less than what you deserve.  Sometimes, it may be necessary to prepare for trial to ensure that you receive a fair settlement.

Litigation:  If a settlement cannot be reached through negotiation, it may be necessary to go to court.  This process can significantly increase the time it takes to resolve your case.  This can extent the timeline, especially considering the time needed for discovery and preparation for trial.

Appeals:  If either party is unhappy with the outcome of the court’s decision, they may file an appeal and this would further extent the timeline.

On average a slip and fall case can take between a few months to a few years to resolve.  It is important to remember that every case is different and the timeline will vary depending on the circumstances of your case.

 


How Do You Win A Slip and Fall Case In Florida? How Do You Win A Slip and Fall Case In Florida?

Winning a slip and fall case in Florida involves important main components.  These are the components that are used by our attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh to guide you through the process.

Establish Negligence:   In any slip and fall case, the plaintiff must establish that the property owner had a duty to keep the premises safe and that this duty was breached.

Prove The Property Owner Knew of Should Have Known Of the Dangerous Condition:  For a claim to be sucessful, it must be shown that the property owner knew or should have known about the dangerous condition and failed to fix it.  This can involve showing that the condition was present long enough that any reasonable property owner would have known about it and taken action to fix it.  This is often referred to as the “actual” or “constructive” knowledge of the property owner.

Prove The Hazard Caused The Slip and Fall Accident:  It must be clearly demonstrated by a direct link between the hazardous condition and the accident.  Essential evidence may include, medical reports, eyewitness testimony, and video surveillance, as well as photographs and other documentation of the hazard pertaining to the incident.

Document The Damages:  To recover damages in a Florida slip and fall case, such as medical bills, lost wages, and pain and suffering, the plaintiff must show that the accident caused injury.

Defend Against Comparative Negligence:  Florida follows the rule of comparative negligence. This means that if you are found to be partially responsible for the accident, your compensation will be reduced by the percentage of your fault. As your attorney, we would work to minimize any arguments from the defense about your potential contribution to the accident.

Comply With The Statute Of Limitations: Florida law gives you two years from the date of the accident to file a personal injury lawsuit. It’s important to act quickly to ensure all relevant evidence can be collected and preserved.

Consult a Personal Injury Attorney: Slip and fall cases can be complex and require an in-depth understanding of Florida premises liability law. As a personal injury attorney in Florida, we’re well-versed in these cases and can help guide you through the legal process, ensuring your rights are protected, and your claim is as strong as possible.

 

Winning a slip and fall case in Florida requires strong evidence and a knowledgeable attorney.  Our dedicated slip and fall injury lawyers in Florida have years of experience helping our clients secure the compensation they rightfully deserve. 


What Is The Statute Of Limitations For A Slip and Fall In Florida? What Is The Statute Of Limitations For A Slip and Fall In Florida?

In Florida,  the statute of limitations for a slip and fall case is two years from the date of the accident.  This means that if you had a slip and fall accident and sustained an injury, you have two years to file a lawsuit against the responsible party for your injury.  This timeline is set by Florida Statutes section 95.11 (3)(A).

 The statute of limitations is imperative to your case because if you fail to file your lawsuit within the four-year time limit, the Florida courts are likely to refuse to even hear your case, and your right to compensation will be lost.

  • There are exceptions to this rule that may extend or shorten this time limit.
  • If the injured victim is a minor, the clock doesn’t typically start running until the minor turns 18.
  • If the defendant (the party you are trying to sue) leaves the state before you can file the lawsuit, you may be able to extend the time limit.
  • If the slip and fall resulted in death, and a wrongful death claim is being pursued, the time limit reduces to two years from the date of death.

What Is The Highest Settlement For A Slip and Fall? What Is The Highest Settlement For A Slip and Fall?

Slip and fall accidents encompass a wide range of scenarios and injuries, making each case unique with varying compensation outcomes. Settlements in slip and fall cases are influenced by multiple factors, including the severity of the injuries, the specifics of the incident, and the degree of negligence on the part of the property owner or manager. While some cases may result in relatively modest settlements, others can lead to substantial awards, especially in situations where the victim suffers significant, life-changing injuries and the negligence involved is particularly egregious.

Though multimillion-dollar settlements do occur, they are generally the exception and involve cases of severe injury. For example, while not a case from Florida, a notable slip and fall settlement occurred when a Pennsylvania woman received a $12 million award in 2017 after sustaining permanent spinal injuries due to a fall in a shopping market.

The key factors influencing the settlement amount in slip and fall cases include:

  • Medical Expenses: Both immediate and long-term medical costs are accounted for, including hospital stays, surgeries, physical therapy, and any future medical care requirements.
  • Lost Wages and Future Earning Capacity: Compensation may cover wages lost due to time off work and, if applicable, a decreased ability to earn in the future.
  • Pain and Suffering: This non-economic damage compensates for the physical pain and emotional distress suffered by the victim.
  • Property Owner’s Negligence: The extent to which the property owner’s failure to maintain a safe environment contributed to the accident.
  • Legal Advocacy: The effectiveness of the plaintiff’s attorney in presenting the case and negotiating the settlement.

It’s crucial to recognize that while high settlements are possible, they are not assured. The complexity of slip and fall cases, combined with the intricacies of proving negligence, necessitates the expertise of seasoned personal injury attorneys. At Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the challenges these cases present. Our experienced team is committed to ensuring that our clients receive the maximum compensation to which they are entitled. We meticulously calculate all possible damages and are ready to advocate vigorously for our clients, whether in settlement negotiations or at trial, should it become necessary to secure a fair resolution.

If you’ve been injured in a slip and fall accident, consulting with an attorney from Goldman, Babboni, Fernandez, Murphy & Walsh is a critical step towards understanding your rights and ensuring you receive the compensation you need for recovery. Our dedicated attorneys leverage their expertise to navigate the legal process effectively, aiming to achieve the best possible outcome for each client.

Settlement amounts in slip and fall cases can vary widely based on the specifics of each case, including the severity of the injuries, the circumstances of the fall, the negligence of the property owner, and other factors. It’s important to note that each case is unique, making it challenging to predict the exact settlement amount for any given situation. However, to give you an idea of the potential range, here are some generalized categories of settlement amounts that have been observed in slip and fall cases:

  1. Minor Injuries (e.g., bruises, small cuts, sprains): Settlements can range from a few thousand dollars to $20,000, covering medical bills and minor pain and suffering.
  2. Moderate Injuries (e.g., fractures, moderate concussions): Settlements may range from $20,000 to $50,000 or more, depending on the injury’s impact on the victim’s life, including medical costs, lost wages, and moderate to significant pain and suffering.
  3. Serious Injuries (e.g., broken bones requiring surgery, significant head injuries): Settlements can significantly increase, ranging from $50,000 to $100,000 or more, reflecting the increased medical expenses, potential for long-term care, lost earning capacity, and substantial pain and suffering.
  4. Severe, Life-Altering Injuries (e.g., spinal cord injuries, traumatic brain injuries): In these cases, settlements can reach hundreds of thousands to millions of dollars, accounting for lifelong medical care, loss of quality of life, loss of earning potential, and significant pain and suffering.
  5. Fatalities: In the tragic event of a death resulting from a slip and fall accident, the settlement can include compensation for wrongful death, including funeral and burial expenses, loss of companionship, and loss of future earnings, potentially reaching millions of dollars.

It’s important to understand that these figures are generalized and that the outcome of any legal claim will depend on the specific facts and circumstances of each case. Moreover, factors such as comparative negligence (if the victim is partly at fault for the accident) and the jurisdiction’s specific laws can significantly impact the settlement amount.

Consulting with a knowledgeable personal injury attorney who can evaluate the specifics of your case is crucial. An attorney can help navigate the legal process, advocate on your behalf, and work towards securing a settlement that appropriately compensates for your injuries and losses.


How Much Money Do Large Companies settle for Slip and Fall Accidents? How Much Money Do Large Companies settle for Slip and Fall Accidents?

As slip-and-fall attorneys in Florida, we often get asked how much do large companies typically settle for slip-and-fall accidents?  It is important to understand that each and every case is different, with unique facts and circumstances.  There are some tendencies that we do see with large companies.

However, it’s challenging to provide an exact figure or even a specific range because settlements are often confidential.  The value of a slip and fall settlement can depend on several different factors, including the severity of the injury, the circumstances of the accident, whether the company was negligent, and the company’s policy regarding settlements.

Severity of the Injury:  The level of severity of the injuries sustained in an accident plays a large role in determining the value of a settlement.  More serious injuries, such as broken bones or traumatic brain injuries, often lead to higher settlements because of the high cost of medical treatment and the potential for long-term disability or pain and suffering.

Negligence:  The company’s negligence is another factor that can affect the value of a settlement.  If the company had a history of safety issues and were aware of the hazard, this could lead to a larger settlement.

Company’s Willingness to Settle:  Some companies may be more willing to settle than to take the case to trial, especially if the plaintiff’s lawyer is experienced and has a good reputation.  Large companies may settle to avoid the negative publicity that may come from a court case.

Insurance Policy Limits:   Large companies often have substantial insurance policies that can affect how much they are willing to offer in a settlement.

While six-figure settlements are not unheard of, the majority of cases do not reach such high amounts. The average slip-and-fall settlement is generally around $20,000 to $30,000, but this is a rough estimate, and many cases may fall above or below this range.

Given these variables, it is crucial to consult with a knowledgeable attorney who can evaluate the specific details of your case and provide a more accurate estimation based on their expertise and understanding of similar cases in your jurisdiction.