Many people hesitate to file a lawsuit after suffering injuries from a slip and fall or some other type of accident involving premises liability. Often people see the task of contacting an injury lawyer as daunting, expensive, or not worth their time. As a result they lose their opportunity to collect fair compensation for their pain and suffering. While not every slip and fall accident qualifies as a viable case, some incidents do result in injuries with long-term or even permanent negative effects that greatly affect the person’s quality of life and ability to work. Understanding the legal process in these slip and fall cases is important when considering the value of your claim.
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Receiving Medical Treatment
First and foremost, we recommend that anyone severely injured in a slip and fall accident seek medical attention as soon as possible. It is very important that injuries be evaluated by a medical professional and that the proper treatment is begun to avoid further harm to the injuries.
The type of treatments undergone in order to get better may range from physical therapy, to chiropractic treatment, to various injections, or even to surgery. The greater the extent of the treatment, the higher the potential value of the claim as these medical expenses play a vital role in determining proper and fair compensation.
Analyzing Your Injury
When considering the severity of your injuries, Florida law focuses on three important factors: (1) your past and future medical treatments for injuries caused by the accident, (2) past and future loss of wages caused by the accident, and (3) your pain and suffering as a result of the accident. The first two factors above are more straightforward and merely require some simple calculation to determine a value. However, how does one measure the value of a person’s pain and suffering? This is the hardest factor to quantify, but often the most important to consider.
The extent of an injury that prevents you from doing a physical activity that was once a part of your daily life–whether it be walking, exercising, or performing physical tasks required of your job–is taken into consideration when determining pain and suffering. Has the injured client’s ability to earn a living been affected by the accident? How many working years did the injured parties have ahead of them? Will those persons no longer be able to find good work in their particular fields? Damages in this scenario may include the difference between what the injured parties would have earned without the injury and what they will likely earn after the injury.
Proving Negligence
The other key factor in the investigation of your claim is whether the owner of premises or business is in fact liable for your accident. Florida law focuses here on the general responsibilities of the owner in terms of maintenance and upkeep. A property owner has a duty to uphold when it comes to safety and maintenance, just as every person has a duty to act in a “reasonable” manner to avoid dangerous situations and look out for one’s personal safety. Certain factors–such as careless behavior or improper footwear–can shift some of the blame to the injured individual.
Consulting with a Miami Injury Lawyer
If you have tripped or fallen at a business, store, restaurant, or amusement park, and have been hurt–even if you were on the clock at the time of your injury–we are prepared to help you. Our Miami injury lawyers have gained compensation for victims involved in cases against huge corporations, such as Walmart, Kmart, Target, Publix, and Disney. We urge you to obtain immediate medical care and consult with our office as soon as possible. Contact us toll-free at 1-866-597-4529 or by email at [email protected] to receive a free consultation with a dedicated team of Miami injury lawyers with nearly 50 years of combined experience with slip and fall cases.
