Slip and Fall Attorney in Gainesville

It's essential to take the right steps after a slip & fall accident. What you do afterward can significantly impact your ability to recover compensation. Here is an outline of our recommendations:

Seek medical care - Your health is a priority. Some of the worst kinds of injuries can go undetected, such as spinal and brain injuries. If you delay, irreparable bodily harm could occur. Tell the doctor what happened, then they can perform the kind of tests that can detect any damage and provide the proper treatment. Your medical records will also be a critical component in any claim you have against the property owner.  

Report the accident - No matter where it occurred, at a convenience store, a parking lot, or in the gym, make sure someone in charge is aware it happened. Find a manager, landlord, or at least an employee and ask them for a written statement acknowledging the accident.

Document the incident - If there were witnesses, ask them for their contact information. Witness statements can go a long way when it comes to your settlement. If you're able, take pictures of the scene where you slipped and fell, especially what may have contributed to the fall, like liquid on the floor or debris in the walkway.

Don't make any statements - Don't communicate with the other party until you've contacted a lawyer. If they or their insurance carrier wants you to make a statement, you can politely decline. Don't say anything that might jeopardize your claim to others.

Call Morgan and Morgan - When it comes to getting the maximum compensation, our slip & fall attorneys in Gainesville are your best chance for success. Slip & fall claims are often challenging to prove, and premises liability law is complex. We handle everything concerning your claim so you can spend your time and energy getting better.

A slip & fall accident can occur anywhere, but often, it's the result of an improperly maintained property. Here are some of the conditions that may lead to this kind of accident:

• Broken floor tiles
• Uneven flooring or stairs
• Cracked walkways or pavement
• Liquid on floors
• Broken or missing handrails
• Debris in walkways
• Poorly placed cables or wiring
• Worn or bunched up carpeting and rugs
• Lack of warning signs for hazards
• Poor lighting

Typically, the owner or entity in control of the property is liable for injuries in the event of an accident. However, there are sometimes other parties that may be involved. For instance, if a business has a contractor working on the property, like a cleaning service, and they forget to put out wet floor signs resulting in your slip & fall accident, they might be the liable party. Still, in most cases, it's whoever has control over maintaining the property.

However, slip & fall injuries aren't always someone else's responsibility. We all have a duty to be careful and watch where we're going. In fact, if you share in the fault for your accident, whatever settlement or award you may receive could be reduced by your measure of responsibility. To find out if you could recover compensation, we recommend you talk with us to determine if you have a claim.

It's essential to understand how Florida laws apply to your slip & fall accident. To prevail through the court system, you, the plaintiff, must prove that the property owner failed to maintain and keep their property safe, which led to your injury. Here are all the elements required to win a slip & fall lawsuit:

• You slipped or tripped because there was a substance, debris, or unsafe condition on the property
• The accident occurred on someone else's property
• The property owner was aware of the hazardous condition
• They should have attended to it
• The issue was not addressed

Proving that the owner knew about the situation is the most challenging. However, Florida laws show a few different methods of achieving this. The first way is to show the condition existed long enough that the owner should have known about it. For example, a small corner store owner would know if one of the beverage refrigerators was leaking because it's likely stocked every day. Second, suppose the store owner mopped up the liquid and stuffed some towels under the refrigerator instead of having it fixed. This would show that they were aware of an ongoing problem. Lastly, suppose the refrigerator is in the same shape after a week. In that case, this shows the owner knew about it and had a reasonable amount of time to get it fixed.

Even if your case doesn't go to court, the property owner's insurance company will likely use the same guidelines to determine liability when negotiating a settlement. Still, even though Florida has written laws concerning slip & fall lawsuits, each case is unique and has factors that may influence how a judge looks at it. Our slip & fall attorneys in Gainesville can review your specific case to determine if there is potential to win compensation.

You have four years from the date of the incident to file a lawsuit. It's the same for all personal injury claims in Florida. However, it would be best if you didn't put off seeking compensation. The longer you wait, the more obstacles you might face because insurance companies view delays with suspicion. Likewise, vital evidence could be covered up if a long period goes by. For example, suppose a property owner is aware of your accident and realizes they're vulnerable to a lawsuit. In that case, they may correct the dangerous condition and deny it existed. Furthermore, if the deadline for filing a lawsuit is passed, the courts will almost certainly dismiss the case, and you'll have no path forward to recover compensation.

Comparative negligence is the legal concept you share in your accident's fault. Florida law acknowledges that, at times, the property owner and the injured individual may be to blame. As such, the injured party may be awarded compensation, but the amount will be reduced by the degree of responsibility the injured party is assigned. For example, suppose you're trying to make it to a shop in the mall before it closes. You have just minutes, so you start to run and don't notice a spill on the floor. You slip on the liquid and land hard on your backside, rupturing a disc in your spine. While the spill should have been noticed and cleaned up by maintenance, you shouldn't have been running in an area meant for walking. In a scenario like this, you can still sue for compensation, but your award may be less because of the comparative negligence rule.

Slip & fall accidents cause about 1 million trips to the hospital every year. That's 12% of total fall injuries. Injuries from slips & falls can be quite serious because these accidents are unexpected, and you don't have any time to react. Here is a list of the common injuries people sustain from a slip & fall accident:

Bruises, cuts, and scrapes - While these injuries aren't life-threatening, they can still be painful. A deep cut can cause scarring and could be a daily reminder of someone else's negligence.

Sprains and strains - When an area of the body takes the brunt of the pressure from hitting the ground, it can cause muscles and ligaments to stretch beyond normal capacity. While these types of injuries aren't permanent, they can still cause immense pain, and you may not be able to work while you recover.

Broken bones - Likewise, a forceful impact can cause bones to fracture if the pressure is more than the bone can take. Bones in the limbs, spine, and hips are most commonly affected, as these areas typically absorb the majority of the impact.  

Dislocations - The most common area for dislocation is the shoulder. Still, knees, elbows, hips, jaw, fingers, and thumbs are vulnerable too. While treatable, the injury can be excruciating and take weeks or even months to heal. Dislocating a joint once also makes a repeat dislocation more likely.

Knee injuries - When we slip & fall, it's instinct to try to minimize the damage, which often means landing on your knees. Knee injuries can be severe and may need surgery to correct. Some people face a loss of mobility and chronic pain.

Head and brain injuries - Falls account for many traumatic brain injuries (TBIs), ranging from mild to life-altering. TBIs can cause personality changes, cognitive impairment, problems with vision, hearing, and sensory perception, along with weakness in the arms and legs. Victims of TBIs have an increased likelihood of seizures, infection, pneumonia, and a shorter life expectancy.

Neck injuries - A neck injury could occur if you land on your head or your neck hits a fixed object. This can cause significant damage because your neck is an extension of your spine. Neck injuries can result in everything from chronic pain to paralysis.

Spinal injuries - The spine is the second most crucial body part, following the brain. A back injury is prevalent during a fall because the body contorts, and the force of the impact can dislodge the cushioning in the vertebrae, known as ruptured, herniated, or bulging discs. Spinal injuries can impact every facet of your life because of pain, issues with mobility, and even paralysis.

When someone else is responsible for an injury, they should have to pay for the damages. As we just described, slip & fall accidents can result in serious injuries that come with a hefty price tag, not to mention pain and suffering. In a lawsuit, losses, financial or otherwise, are called damages. Here are compensable damages in a slip & fall lawsuit:

Economic Damages

• Medical expenses, including hospital and doctor visits, medication, rehabilitation, surgery, transportation, and medically assistive devices.
• Lost wages for the time spent in recovery.
• Lost earning capacity if your injuries prohibit you from doing higher-paying work.

Noneconomic Damages

• Mental distress.
• Loss of enjoyment of life.
• Loss of consortium.
• Pain and suffering.

The amount you recover will be directly linked to your economic losses and the other party's insurance coverage limits. Florida does not have a cap on compensatory damages for injuries on regular properties, but if you were injured on property owned or controlled by a government entity, the max you can recover is $200,000.

Slip & fall cases are challenging because you must demonstrate the property owner knew about a dangerous condition and didn't remedy it, leading to your injuries. However, we've built our law firm out of winning tough cases. You deserve to get the maximum compensation possible when a property owner causes harm through negligence.

We know you have plenty of choices when it comes to choosing slip & fall attorneys in Gainesville, but it doesn't cost any more to work with the best. Morgan and Morgan have recovered billions for clients throughout our 35+ year history. You only get results like that if you employ the most skillful lawyers in the profession. Contact us today for a free case evaluation. Our services cost you nothing if we don't win.