Slip and Fall

Video Transcription: Depending on the circumstances, yes. For instance, the owner of the vehicle is a potential party under the dangerous instrumentality doctrine. Also, the employer of the at fault driver may be a party as well, depending on whether or not the employee or the at fault driver was working at the time.

Video Transcription: Yes, but under Florida law, you must prove one of two things in order to do so: one, you'd have to prove that the store owner knew that the substance was there and failed to clean it up, or two, you can show through circumstantial evidence that because the store owner has a duty to inspect its premise regularly, to maintain its premises in an orderly fashion, etc., that in so doing they failed in a timely fashion to clean up the spill.

Video Transcription: Can my recovery be partially reduced if I am found to be partially at-fault for my slip and fall injuries in Florida?

Video Transcription: No, you are under no obligation to speak with the insurance company's adjuster. Now remember, insurance companies haven't made billions of dollars by paying put on all of their claims. In fact, the insurance company has an entire system designed to minimize the amount of payments that they'll tender to you. So before speaking with any insurance company, I suggest you contact an attorney, consult with him or her regarding your potential claim and then proceed accordingly.

Transcription: If you’ve been injured as a result of a slip-and-fall, under Florida law you have four years from the date of the incident in which to file your claim.

Transcription: I hear this question a lot, and I always tell my clients I wish I had a crystal ball. Some cases we'll settle in days. We've settled cases in months. Some cases take years to settle. There are many factors that go into whether or not a case settles quickly or takes time to settle. Such factors like the nature and extent of the injuries, how the accident occurred, what insurance company with. All these factors play into how long a case takes to settle.

Video Transcription: There are many variables in determining the length a case takes. For instance, the nature and severity of your injuries. How long you had to treat with a doctor. Did you have to have surgery which required 6 months of physical therapy afterwards? What company are we negotiating with? Is it Walmart? Is it Publix? Is it a local mom and pop down the street? Any number of factors go in to determining the length of time a case takes and unfortunately no attorney has a crystal ball and is able to pin point with accuracy how long that will be.

Video Transcription: That's a very difficult question, there are many factors that go into determining the value of a case from how the accident occurred, the nature and severity of the injuries, the amount of medical bills that have accrued, among others. Realistically what I tell my clients is your case is worth what an insurance company is willing to pay and you're willing to accept to settle your case. Or in the case of going to a jury trial your case is worth what your 6 jurors tell you it's worth via their verdict.

Video Transcription: Yes, we have to prove that the store owner knew or should've known of the substance. In this case the employee knew about the substance, failed to clean it up, you slipped, you fell, and you sustained injury, that makes for a very strong slip and fall case.

Video Transcription: As always, it depends on the circumstances. There must be some form of negligent conduct before anyone can be held liable. For instance, if your landlord failed to maintain the premises in a reasonably safe condition and you sustained, he could be held liable.

Video Transcription: As always, there has to be some form of negligent conduct. If the store owner or business owner failed to maintain the premises in a safe manner or failed to clean up a spill in a timely fashion or whatever the case may be, if there's a negligent act on the part of the store owner which causes your injury, then yes. That person can be held liable.

Video Transcription: Generally speaking the statute of limitations is 4 years from the date of the accident. However if there's a death associated with that accident, the statute of limitations is then 2 years from the date of that death.

Video Transcription: No, you are under no obligation to provide the property owner's insurance company with a statement. In fact anything you say can and will be used against you. It's an old adage but it holds true. Before speaking with any insurance company I would advise you consult with an attorney before doing so.

Video Transcription: Yes, report the incident and provide the property manager with your name and contact information. Seek medical attention as necessary and then consult with an attorney regarding your potential claim.

Video Transcription: Yes. Two words. Document everything. One of the hardest things to prove in a slip and fall case is that the owner knew or should've known of the defect causing your injury. A very helpful way of proving this is through photographic evidence. Take as many photographs as possible.

Video Transcription: Absolutely not. Oftentimes we've found that insurance companies use the fact that you did not seek immediate medical attention when evaluating your claim. Additionally, we've found that the amount of time between the slip and fall incident and the time you actually did go seek medical attention can be used against you in devaluing your claim. If you're experiencing pain as a result of a slip and fall, I highly advise you seek medical attention immediately.

Video Transcription: Under Florida law, you'd be entitled to economic damages and non-economic damages. Economic damages include past medical bills, future medical bills, lost wages, loss of future earning capacity. Non-economic damages would be for things like pain and suffering associated with those injuries.

Video Transcription: Florida operates under a comparative negligence system. Any action by that contribute to your own injury can reduce the amount of compensation available to you.

Video Transcription: Everything you have regarding the incident. If you have any photographic evidence, bring that. If you have any correspondence insurance company, bring that. Short answer, bring anything to do with the case.

Video Transcription: If you're able, document everything. The best way to do this is to take out your camera our your smart phone and start snapping pictures. Now, if you're too injured to do this, that's understandable, but oftentimes we encounter clients who were too embarrassed to do this. We get it; you've fallen in public. All you want to do is get out of there. The problem is, under Florida law, you as the injured party have the burden to prove what it is you fell on. If you don't know, how can I know? Document everything.

Video Transcription: As soon as possible. If you're watching this video now and you've already slipped, fallen, and sustained an injury, call an attorney now, because the longer a case goes on without you talking with an attorney, the harder it becomes to prosecute. Under Florida law sudden falls are extremely difficult cases and the sooner you consult an attorney the better.

Video Transcription: If we're able to establish negligence on the part of the premises' owner, then the premises' owner would be responsible for any loss of wages you've incurred. In addition to any other damages you might have, like past and future medical bills, loss of earning capacity, and/or pain and suffering.

Video Transcription: If you've incurred medical bills and were able to establish that the premises owner was in fact negligent, then the premises owner would be responsible for those medical bills. In addition, the premises owner would then be responsible for all of your damages incurred as a result of that fall, such as pain and suffering.

Video Transcription: Most health insurance providers, including Medicare or Medicaid, are entitled to be reimbursed from any bodily injury settlement. This is known as subrogation. So yes, if your health insurance paid for your hospital bills or doctor's bills after a slip and fall, generally they will be entitled to be subrogated.

Video Transcription: Short answer, no. Unlike criminal law attorneys or family law attorneys who require upfront payment, known as a retainer, personal injury attorneys in Florida generally operate under a contingency fee agreement, meaning when you come to an initial consultation and hire me as your attorney you don't pay me anything then. If there's a settlement I would obtain my attorney fees out of that settlement at some point in the future.