Can I Sue for a Slip and Fall in Miami?

Introduction

Can I Sue for a Slip and Fall in Miami? Yes. Slip and fall accidents are a common occurrence, and they can result in serious injuries and even death. If you have been injured in a slip and fall accident, you should contact a personal injury lawyer to determine if your slip and fall is compensable. Whether you have a viable slip and fall case  depends on a number of factors, including the factual circumstances of the accident, the location where it happened, and the nature of the injury.

In this article, we will discuss the law of slip and fall accidents in Miami, Florida and throughout the state. We will explain what constitutes a slip and fall accident, what damages you may be entitled to, and how to file a lawsuit.

What Constitutes a Slip and Fall Accident?

A slip and fall accident occurs when a person slips or trips on a walking surface that is owned or controlled by another person due to a dangerous condition that the land owner or operator knew or should have known about. In order to recover money for a slip and fall accident, you must be able to prove that the property owner or manager was negligent. This means that they failed to take reasonable steps to keep the property safe for visitors and/or failed to warn of a dangerous condition.

There are a number of factors that can contribute to a slip and fall accident, including:

  • Wet or slippery surfaces. This is the most common cause of slip and fall accidents. Water, ice, grease, or other liquids can make a surface slippery and difficult to walk on.
  • Debris. Objects such as rocks, toys, or construction materials can create tripping hazards.
  • Uneven surfaces. Steps, curbs, and other changes in elevation can be difficult to navigate, especially for people who are elderly or have disabilities.
  • Poor lighting. Dark or poorly lit areas can make it difficult to see obstacles and avoid them.

If you are injured in a slip and fall accident, it is important to take pictures of the scene of the accident to preserve how it looked ant the time of the fall.  This can be tricky if you slip and fall on a wet floor that can be cleaned up quickly. When you get injured after a slip and fall or trip and fall you may not be thinking about lawsuits, but it is vitally important in premises liability cases like slip and falls, to get photos of the condition you are claiming is dangerous. This goes for any evidence that could support your claim, like looking for video cameras that may have captured the incident. We would want footage from 24 hours before and after the fall to look for how long the condition may have been present before the fall and perhaps what the owner or operator of the property did afterwards with regard to cleaning it up.

What Damages Can I Be Entitled to?

If you are successful in a slip and fall lawsuit, you will be entitled to recover damages for your injuries, medical expenses, lost wages, and pain and suffering. In some cases, you may also be able to recover punitive damages.

  • Medical expenses. You can recover the cost of all of your medical expenses related to your slip and fall accident, including doctor’s visits, hospital bills, prescription drugs, and physical therapy.
  • Lost wages. If you were unable to work due to your injuries, you can recover the wages that you lost. Also, your lost earning capacity into the future. If the injury is bad enough, you may not be able to go back to work at your old job and you may have to take a lower paying job or may not be able to work at all. We use vocational rehab experts to establish to work capabilities and work-life expectancy When certain types of slip and fall cases warrant it.
  • Pain and suffering. You can recover compensation for the physical and emotional pain and suffering that you have experienced as a result of your injuries. there is no exact formula to calculate pain and suffering. It is up to a good personal injury, lawyer to come up with a way for a jury to understand the value of a plaintiff pain and suffering. A tactic Perkins Law Offices uses at trial is to anchor the number to Another monetary figure in the case that people can relate to an extrapolate that number out either on a daily or monthly basis for a number of years in the future or the number of days in the past, the injured person knows suffering.
  • Punitive damages. In some cases, the court may award punitive damages to punish the property owner for their negligence and to deter them from similar behavior in the future. Punitive damages have limitations and are very rare.

The amount of damages that you are awarded will depend on the specific facts of your case.First, you have to have good liability, which means that you have to have fault on another person. If you are 50% or more at fault for your own fall and injury you are barred from making a recovery at all. The more you have in medical bills and pain and suffering the more your case will have a financial standpoint. Typically the worst injury is the more value the case has.and even though you may slip and fall and sprain an ankle or have a minor injury just because it is somebody else’s fault does not mean you have a worthwhile lawsuit. There has to be enough of an injury to warrant filing a lawsuit.

How to File a Slip and Fall Lawsuit

If you have been injured in a slip and fall accident, you should consult with an experienced personal injury attorney at Perkins Law Offices as soon as possible. One of our personal injury attorneys will speak to you and will quickly be able to help you assess whether you have a good enough claim to proceed.

The following are the typical steps involved in filing a slip and fall lawsuit in Miami once you hire the best personal injury lawyer for your case:

1. Send out an insurance disclosure request and notice of the claim. One of the first things that a personal injury lawyer does at the beginning of a potential claim is to determine if there is a collectible defendant to pursue. You obviously need a deep pocket to sue in order to recover any money at the end. That is usually an insurance company who insures the property for liability, or a self-insured owner or operator who has collectible assets of money. Most Florida personal injury law firms will only pursue claims against defendants who have  insurance because most people and companies are not collectible in Florida. In other words, most individuals and small companies may be judgment proof in the sense that they either have no significant personal money or their assets and money are shielded from lawsuits by having limited liability corporations or trusts taking the money out of their own name.A small company with no appreciable assets can file bankruptcy and discharge a personal injury judgment in Bankruptcy frustrating even the best personal injury lawyers in Miami.

2. File a claim with the insurance company. The next step after is determining whether there is a collectible defendant is to file a claim with the insurance company of the property owner or manager. The most common way to do that is with a personal injury lawyer providing details of the liability and the damages. Perkins Law Offices takes pride and filing a demand package to start the insurance claim process which will include a detailed letter outlining the nature and circumstances of the Dangerous condition that was negligently allowed to exist on the property as well as a comprehensive discussion About harm caused by the incident injury. We will provide all of the medical records and bills, as well as information pertaining to out-of-pocket expenses and lost wages and the inability to earn money into the future. The insurance company will investigate your claim and make a decision about whether to make an offer or enter into negotiations.

3. File a lawsuit. If your Miami,, personal injury, lawyer at Perkins Law Offices is unable to reach a pre-suit settlement with the insurance company or defendant, we will need to file a lawsuit. Your attorney will file the lawsuit on your behalf and represent you in court proceedings from depositions, discovery, mediation and trial.

The process of filing a slip and fall lawsuit and going through the tangled web of Florida’s judicial system can be complex and time-consuming. However, Perkins Law Offices has been handling slip and fall cases in Florida and Miami for over two decades. We have never lost a slip and fall case.

Conclusion

Slip and fall accidents are no laughing matter and can cause serious injuries and even death. People have fallen landing on their head and getting a brain bleed, or when an elderly person slips and falls and breaks a hip— that could be the beginning of the end, bringing on a host of other health problems and sometimes death. Slipping and falling at a hotel, grocery store, department store, bar, restaurant on a cruise ship, etc., can result in significant injuries or wrongful death. If you have been injured in a slip and fall accident, it is important to seek medical attention immediately, Preserve the scene by taking photographs and reporting it, and to consult with an experienced Miami personal injury lawyer at Perkins Law Offices.

can i sue for a slip and fall in miami

Can I sue for a slip and fall in miami?

Injured in Miami ? Perkins Law Offices Can Help.

Have you been injured in slip and fall accident in Miami ? Don’t navigate the legal system alone. Perkins Law Offices has a team of experienced Miami personal injury lawyers ready to fight for the compensation you deserve. We specialize in a wide range of personal injury cases, including:

Car Accidents
Cruise Ship Injuries
Slip and Falls
Medical Malpractice
And More

Why Choose Perkins Law Offices?

Over 20 years of experience helping injured victims in Florida.
Proven track record of success in obtaining maximum compensation for our clients.
No upfront costs – we only get paid if we win your case.
Compassionate and dedicated legal team who will fight for your rights.

Don’t wait to get the legal help you need. Contact Perkins Law Offices today for a free consultation. Call us at (855) 741 – LAWS (5297) or visit our website to learn more.

Perkins Law Offices: Miami Personal Injury Lawyer

Injured? Get the compensation you deserve. Perkins Law Offices, Miami’s trusted personal injury lawyers. Free consultation. (855) 741-LAWS.

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