Florida & New York Slip & Fall Accident Lawyers
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Accidents can happen anytime, anywhere, and those involving slipping or falling on the job are the leading cause of workers’ compensation claims in the United States. Whether it be slippery floors, unsafe equipment, or improper work environments, slip and fall injuries can result in painful injuries and high hospital bills.
What’s more, a workers’ comp claim may not be enough to cover the expenses incurred by the accident. When this is the case, or if your accident occurred outside of the workplace, you may want to consider working with an attorney to file a slip & fall accident claim. Doing so will give you a better chance at securing compensation for things that a workers’ comp claim won’t cover; for example, pain and suffering, full coverage of your medical bills, and more.
Contact The Sekou Clarke Law Group online or call (407) 269-8774 for an evaluation. See our case results here!
What You Need to Know About Slip and Fall Claims
The most crucial factor in Florida slip and fall claims is proof. Suppose you have been injured because of dangerous conditions in a business or establishment. In this scenario, you must be able to prove that the business owner(s) had prior knowledge of the hazard that led to your slip/fall and did not take the steps necessary to remove or remedy it. In doing so, you are proving that the business was negligent, and the negligence led to your accident, thus making them responsible for financially compensating you for your injuries.
What is the Statute of Limitations?
Keep in mind that the statute of limitations for most injury cases in Florida is no more than four years. This means that you must act within four years of the accident if you want to pursue a legal case. So, don’t wait to contact an attorney, as there is much to be done during this time period, including collecting evidence, recreating the scene of the accident, sourcing eyewitnesses and expert testimonies, and more.
Our attorneys at the Sekou Clarke Law Group can help. Call (407) 269-8774 to make an appointment.
Common Property Owner Arguments
The owner of the property where your accident occurred may attempt to make any of several arguments against your case. These arguments are intended to shift the liability to you. For example, if you fell in a restricted area of the property, the property owner will likely attempt to argue that you are at least partially responsible for the injuries that resulted from the accident because you were “trespassing.”
In some cases, the property owner’s arguments may be valid, thus relieving them of responsibility for the accident. These scenarios include but are not limited to:
- The property owner sectioned off areas of the property as unsafe, yet you entered anyway and were injured as result.
- You were distracted from watching where you were going and entered a hazardous area.
- You were running/walking in a way that would make falling more likely.
An experienced member of our legal team would be happy to review the circumstances of your accident to determine fault and whether or not you have grounds to take legal action. Contact us today to get started.
The Role of Comparative Fault in Slip & Fall Claims
If your claim goes to court, the judge will apply comparative fault to your case. Comparative fault, or comparative negligence, is used to evaluate the case and determine each party’s percentage of fault in the accident. In Florida, the amount of damages you can recover is reduced by your percentage of fault. However, you may still recover some damages even if you are primarily at fault; that’s where having a good attorney comes in.
Settlements allow the insurers of each party to evaluate the accident and draw up terms outside of court. Comparative negligence still applies to settlements that are reached out of court. In this scenario, the property owner's representation will likely tailor their settlement terms to the amount of fault they believe you contributed to the accident. So, be sure to have evidence to support your claim. Consulting an attorney can help you make a strong case for your slip and fall injury claim.
Dial (407) 269-8774 to reach an experienced slip & fall attorney in Florida & New York. We offer services in English, Haitian Creole, Spanish, & Portuguese.
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