In Florida, hiring a personal injury lawyer for a slip-and-fall case is not legally required. However, having a lawyer experienced in premises liability can be beneficial. They can negotiate with insurance companies, represent you in court, and give you peace of mind, allowing you to focus on recovering from your injuries. When hiring a Florida personal injury attorney, you should expect to receive the following five items.
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1. A Lawyer Can Establish Who Is at Fault and Liable for Your Slip-and-Fall
Personal injury law requires you to identify the party responsible for your slip-and-fall using the “duty of care” principle. Your Florida personal injury lawyer will handle this process for you.
The responsible party owed you a duty of care, meaning they were required to take reasonable steps to prevent harm or injury. In a slip-and-fall case, this responsibility typically falls on the property owner.
The party breached their duty of care by failing to maintain the property. They either neglected to address the unsafe condition or failed to warn you about the danger that led to your fall.
As a result of this negligence, you were injured.
Your injuries caused you to suffer damages, such as medical expenses, lost wages, pain, and suffering.
To establish the duty of care, your lawyer will gather various sources of evidence, including:
- Witness statements
- Facility maintenance records
- Medical records
- Photographs
- Surveillance videos
- Employee records
2. An Attorney Will Calculate Your Damages for Your Slip-and-Fall Accident
The damages from a slip-and-fall accident extend far beyond just medical bills. You might not fully understand the impact of your injuries until much later. A lawyer knows where to gather information and who to consult to create a comprehensive picture of how your injuries have affected you, both economically and non-economically, now and in the future.
Your lawyer will investigate damages in areas such as:
- Surgery costs
- Medical expenses (past, present, and future)
- Physical therapy and rehabilitation
- Replacement services (like lawn care, childcare, and housekeeping)
- Emergency transportation
- Prescription medications
- Loss of wages (past, present, and future)
- Lost benefits
- Diminished quality of life
- Reduced future earning potential
- Pain and suffering
Your attorney will use well-researched and documented figures to represent these damages. This will include professional opinions from various experts, including those in the medical, economic, and vocational fields.
3. A Lawyer Will Negotiate with the Insurance Companies and Reach a Fair Settlement
Handling negotiations with insurance companies can be challenging, but your lawyer will take care of this for you. The process starts with your lawyer sending a letter to the insurance company, outlining the damages you’re seeking. The insurance provider may respond by accepting the damages and issuing a check, making a much lower counteroffer, or denying the claim altogether.
If the insurer counters with a lower offer, the negotiation process begins. Your lawyer will work to convince the insurer to agree to a settlement that more closely aligns with the original amount requested.
If the insurance company refuses to settle fairly or denies your claim, your lawyer will file a lawsuit against the property owner.
4. An Attorney Will File Your Lawsuit and Represent You in Court
Your Florida personal injury lawyer will manage all legal aspects of your slip-and-fall case, ensuring it’s presented effectively in court. This includes filing your lawsuit and handling the following tasks:
- Calling and deposing witnesses
- Filing necessary motions
- Entering evidence into the record
- Negotiating with the defendant’s lawyer
Your attorney will litigate the case on your behalf, ensuring your interests are represented throughout the process.
5. When Things Get Complicated, a Lawyer Can Handle All the Legal Details
We’ve only scratched the surface of the legal complexities involved in slip-and-fall cases. These cases can quickly become complicated, especially when the defendant tries to prove that you were partly at fault. In Florida, under the pure comparative negligence doctrine, you can still receive damages, but the amount will be reduced by the percentage of your own negligence.
Additionally, multiple parties may share responsibility for your accident. For example, if you fell down a stairway, the property owner might be liable, but if a defective handrail contributed to the fall, the manufacturer could also be at fault. Your lawyer will handle contacting all parties involved, including their lawyers and insurance companies, so you don’t have to worry about managing these complexities yourself.
Contact The Black Law Company Today
If you’ve been injured in a slip-and-fall accident, don’t navigate the legal complexities alone. The Black Law Company is here to fight for your rights and secure the compensation you deserve. Reach out to our experienced personal injury attorneys today. Email us at info@blacklawcompany.com, call 813-321-7380, or text 813-736-0605 to get started.
Other Services We Offer
- Car Accidents
- Personal Injury / Wrongful Death
- Civil Rights Law
- Criminal Defense
- Civil Litigation
- Nursing Home Abuse
- Premises Liability
