Miami, Florida is a bustling city with lots of businesses and residents. While this makes life very convenient and lively, it also can lead to a larger opportunity for people to get hurt on commercial and private properties. Fall accident victims have the right to be compensated. If you have been injured and might have a premises liability case, a personal injury lawyer at Nunez Law can help guide you through the process.
Can You Sue for a Slip and Fall in Florida?
If you have suffered a fall injury on someone else’s property, you have the legal right to pursue a slip and fall lawsuit to recover compensation for any damages you sustained. These types of personal injuries fall under negligence and premises liability. With the help of a Miami slip and fall lawyer, you should be fully compensated for your injuries.
Where Do Slip and Fall Accidents Occur in Miami?
Slip and fall accidents occur just about anywhere, including private property. Some of the places they may occur include commercial spaces such as:
- Banks
- Bars
- Discos
- Sports Clubs
- Movie Theaters
- Gas Stations
- Amusement Parks (restrooms, thoroughfares, rides, etc.)
- Shopping Malls (parking lots, elevators, escalators, stairs, etc.)
- Hotels (spa, gym, room, lobby, swimming pools, etc.)
- Restaurants
Proving premises liability negligence can be complicated and time-consuming, but hiring an experienced fall accident attorney with a personal injury firm can help you prove the negligence of the other party, holding the property owner accountable for the injuries you sustained.
Common Causes of Slip and Fall Accidents in Miami
Slips and falls are premises liability accidents that can occur in many settings and conditions, and no two slip and fall cases are ever the same. Most slip and fall cases are attributable to the property owner’s negligence in caring for the property.
Some of the more common causes of slip and fall cases include:
- Uneven flooring- Dented or damaged tile, poor structural design, and unsecured carpeting can cause surface irregularities. These irregularities cause a tripping hazard.
- Uneven stairs and steps- Throughout Miami, Florida, there are many properties that are not code-compliant. Steps on stairways might have uneven risers or treads and may be missing handrails.
- Poor lighting- It is important that all public areas have sufficient lighting, especially in stairwells and places with uneven flooring.
- Holes in the ground- Properties that have dangerous holes in the ground must be filled by the property owner or have a warning that the holes are a hazard.
- Drainage issues- Water leaks must be properly managed or fixed to stop the leaking.
- Spills- Spills that go unattended are a leading cause of slip and fall incidents in Miami. If there is liquid spilled on the floor, the business is required to dry the floor in a reasonable time. If someone slips and falls because of a spill that the business owner was aware of or should have been aware of, they can be found negligent.
A slip and fall accident can happen anywhere in Miami. The humid, warm weather of Florida contributes to the growth of algae along pool areas, increasing the risk of slip and fall injuries.
How Long Do You Have to Sue for a Slip and Fall in Florida?
After being injured in a slip and fall accident, you are probably focused on your healing and trying to figure out how the accident happened and not on personal injury claims. If, during the fall accident, you sustained injuries and experienced financial losses due to the injuries, you have the right to seek compensation from the negligent party.
A personal injury claim can be complicated and difficult when it comes to proving liability. While your recovery is the most important thing, if you plan to recover compensation, you need to start the process in a timely manner.
Your fall accident attorney will need to gather evidence from the accident scene, review your medical records, review the police report, and build a solid case.
Every state has a statute of limitations that gives personal injury victims a set amount of time to file a claim. Florida law gives two years from the slip and fall incident date for an injury victim to file a claim. The clock starts ticking the day the slip and fall occurs. It is crucial that you contact a fall accident attorney immediately so that they can begin the claims process so you can to get the maximum compensation you deserve.
How Do You Win a Slip and Fall Case in Florida?
A fall accident victim is able to pursue damages for slip and fall accidents in the Florida civil court system based on premises liability rules. Your fall accident lawyer must prove that the accident was the fault of another party. Slip and fall cases and car accident cases are similar regarding proving negligence, but it is crucial you have a slip and fall attorney knowledgeable in these types of cases. In workplace slip and fall accidents, your lawyer does not have to prove fault due to the Workers Compensation Program in Florida.
A fall accident claim based on premises liability requires that the injured victim and their fall accident lawyer prove that the premises owner was at fault:
- The other party owned, occupied, or leased the premises where the slip and fall accident occurred at the time of the premises liability accident. Liability would fall on the owner of the property if there was not anyone occupying the property at the time of the accident.
- The other party was negligent in the upkeep of the property. The property must be maintained for safety at all times. The occupant or owner can be held responsible for any fall accident injuries that occur if the property is neglected and considered unsafe for visitors.
- For a slip and fall claim to be considered, the victim must have suffered an injury in the slip and fall accident. The injured victim would need to provide medical records proving treatment from medical professionals. If your injuries cause long-term or permanent disability and ongoing medical care is required after the accident, your slip and fall lawyer in Miami will help you prove the need for long-term medical care.
- The slip and fall victim must be able to prove that the negligence of the other party caused them harm. Your personal injury lawyer can help prove the cause and connection between the injuries sustained and the negligence of the other party. The sole cause of the incident does not need to be due to negligence; however, it must be proven that it was a contributing factor to your injuries.
How Long Does it Take to Settle a Slip and Fall Case in Florida?
Each slip and fall case can take different times to reach a settlement. Many factors go into reaching a settlement agreement between the injured party, the negligent party, and the insurance companies involved. In some cases, a quick settlement is reached, and the payout is fast, but in other cases, negotiations between the personal injury attorney and the insurance company can drag on for months. If the case is overly complicated, that can also extend the timeframe. Typically, a slip and fall case is settled within 18 months. This is another reason it is important to begin the claims process immediately after your accident so that you do not miss the two-year statute of limitations.
What Injuries are Typical in Miami Slip and Fall Cases?
Two of the determinants for the types of injuries a fall victim will suffer are the type of surface and what body part they fall on. Injuries can range from mild to life-altering serious injuries from slip and fall accidents.
Some of the common fall injuries occurring from a Miami slip and fall accident include the following:
- Neck injuries
- Shoulder injuries
- Cuts and abrasions
- Back and spinal cord injuries
- Strains and fractures
- Fractured bones
- Broken bones
- Head injuries
- Traumatic brain injuries
- Soft tissue injuries
If you sustained any injuries that created a loss because of the accident, an accident injury attorney from Nuñez law can help.
What Kind of Compensation Can I Receive In a Slip and Fall Accident?
Depending on the severity of the injuries you sustained in the slip and fall accident, your damages will be different from other Miami slip and fall cases. In general, the damages your slip and fall attorney can help you recover compensation for in slip and fall cases include the economic (monetary) and non-economic (non-monetary) damages you sustained.
Economic Damages
With any injury, you will have monetary expenses that you pay for. These are compensable in a personal injury lawsuit. Slip and fall lawyers can help you receive maximum compensation for these expenses. It is crucial that you save all documentation, including receipts and invoices, to prove that you paid for those expenses.
Economic damages include the following:
- Lost wages- you can be compensated for any income lost due to being out of work during your recovery. This includes bonuses and tips.
- Loss of potential earning capacity- if you are unable to return to your previous position and can no longer work or must take a lower-paying position, you can be compensated for this loss of earning capacity.
- Medical Expenses- these expenses can include doctor visits, hospital stays, ambulance rides, surgeries, physical therapy, and counseling.
- Property Damage- if you had personal property on you, such as a cell phone or laptop that was damaged during the slip and fall accident, you can claim this as compensable damage.
- Home and Vehicle Modifications- if your injuries are long-term or result in a permanent disability, and you must make home or vehicle modifications, such as a wheelchair lift for your vehicle or a ramp to enter or exit your home, you may seek recovery for these expenses.
Non-Economic Damages
After a slip and fall accident, there are non-monetary damages you may suffer. Your Miami slip and fall lawyers can help you place value on these damages by reviewing your medical records, speaking to friends and family, and using expert testimony to prove these damages in your slip and fall case.
Non-economic damages may include the following:
- Physical pain and suffering- your lawyer will use your medical records and expert testimony to prove the physical pain and suffering you sustained from your fall.
- Diminished quality of life- if the injuries you suffered were long-term or life-altering, you can seek compensation for no longer being able to enjoy the activities or hobbies you did prior to the fall.
- Loss of consortium- the inability to have a physical relationship with your spouse or family due to the injuries you sustained is a compensable damage.
- Emotional trauma and PTSD- fall accident victims who suffer trauma or suffer PTSD after the fall can recover compensation.
- Disfigurement and Scarring- a fall accident lawyer will argue that any scarring or permanent disfigurement has caused you a personal loss.
- Permanent Disability- permanent disability will require medical records and doctor notes stating how you sustained permanent disability and your need for ongoing medical treatment or care.
Our Firm Can Help You Recover the Compensation You Need
The knowledgeable and friendly associates at Nunez Law P.L. can guide you in understanding your rights to receive fair compensation under Florida’s negligence and premises liability laws. Contact us today to schedule a free consultation with our injury law firm.
