How Can I Prove Damages in a Florida Slip-and-Fall Lawsuit?
What happens when you slip and fall in a restaurant, parking lot, or office building? Such incidents may seem trivial, but they can lead to serious injuries, especially for seniors and other at-risk individuals. Who’s responsible for covering the costs related to your injuries and damages, and how do you prove your case?
A Florida slip-and-fall attorney can explain in detail what evidence you are likely to need for a slip-and-fall lawsuit. An experienced lawyer can also tell you how much your case may be worth.
What Is Premises Liability?
If your slip-and-fall accident happened on someone else’s property, it falls under premises liability. Property owners have a legal duty to keep their premises safe and fix hazards within a reasonable time. If they fail to do so, they may be liable for damages someone else suffered because of their negligence.
Usually, you can file a premises liability lawsuit if you have permission to be on the property, like a client or guest. Trespassers typically can’t claim compensation after a slip-and-fall injury, with exceptions for children drawn to a pool or another attraction on someone’s property.
Proving Negligence in a Slip-and-Fall Lawsuit
To prove negligence, a Florida slip-and-fall attorney will need to show that:
- The property owner neglected their duty to keep their premises safe.
- This neglect led to the accident and ensuing damages.
For example, let’s say you are renting an apartment in a building. The staircase has an unsteady railing, and the lobby needs better lighting. The landlord failed to fix these conditions despite several complaints from renters. Finally, you trip on the staircase, fall, and break your leg.
Your landlord could be responsible for covering your medical expenses, lost wages, and other damages in this situation.
Important Evidence for Slip-and-Fall Cases
In slip-and-fall cases, the liable party will often jump through hoops to avoid responsibility. They’ll quickly remove the dangerous condition and pretend it never existed, try to pin the blame on you, or claim that your injuries occurred because of a pre-existing condition.
To establish your case, you’ll need evidence, such as:
- Detailed photos of the accident site, focusing on the hazard
- Video footage from CCTV cameras
- Witness statements from others who may have seen the accident
- Your medical records and recovery prognosis by medical authorities
- Records of financial losses, like medical bills and logs of missed days at work
A Florida slip-and-fall attorney can help you prove liability and provide a detailed evaluation of all your accident-related costs.
What Your Compensation May Cover
Compensation after a slip-and-fall injury will typically cover economic damages (e.g., medical bills, missed work days, etc.) and non-economic damages (a.k.a. pain and suffering).
Settling will involve negotiation between the attorney and the other side’s insurance company or lawyer.
Warner & Fitzmartin: Legal Representation for Slip-and-fall Accidents in Florida
Are you struggling with a painful recovery and mounting medical costs after a slip-and-fall accident in Florida caused by the negligence of another? Call our law firm today. At Warner & Fitzmartin, we’re passionate advocates for accident victims’ rights. We’ll assess your case, help you present a compelling claim, negotiate with insurance companies, and handle court proceedings if necessary.
Call (561) 816-5983 or complete our online form for a free case evaluation by a Florida slip-and-fall attorney. We are ready to answer all your questions, explain your rights, and help determine the best course of action for your case should you want to seek compensation.