Should You File a Slip and Fall Claim? What You Need to Know

If you were hurt in a slip-and-fall accident, should you file a claim? Determining your legal rights requires knowledge. Falls and slips might have significant costs for wounds. Usually, those hurt in a slip and fall incident qualify for compensation. An experienced Florida personal injury lawyer will help you decide if legal action is justified. Should you file a slip and call claim? Continue reading.

7 Questions You Need to Answer to Determine if You Have A Florida Slip and Fall Claim

Do not hesitate to seek legal advice if you have any doubts about your rights. To establish your legal rights, a Florida personal injury lawyer would have to address some questions.

1. What happened when you slipped and fell?

In general, to be eligible for a Slip and Fall claim, you have to have been injured while on the property of someone else. It could be private or public property. Someone, a company, or a governmental agency could own the property. Compensation claims could result from falls and slips in the following locations:

  • Shopping malls and supermarkets
  • Restaurants, bars, and nightclubs
  • Hotels, motels, and resorts
  • Public buildings and spaces
  • Health care facilities and professional offices
  • Sports and entertainment venues
  • Amusement parks
  • Marinas and docks
  • Apartment and condo buildings have common areas.
  • Private Residences

These are only a few examples. You may want to talk to a Florida lawyer about a premises liability claim if you have been seriously injured after falling somewhere that is not your home.

2. Why did you slip and fall?

The next question to ask is Why did you slip and fall? You must prove negligence on the part of the property owner to file a premises liability claim. In slip and fall cases, negligence can come in many forms, including:

  • Failure to clean up spills
  • Other slip hazards are not being cleaned up
  • Failure to warn about known slip and Fall risks
  • Failure to prevent access to hazardous areas
  • Failure to perform necessary repairs

All of these are examples. Your lawyer will have an easier time assessing your legal rights if you can tell him why you fell. You should also share any photos or videos that show what caused your fall with your attorney.

3. What were you doing when you fell?

You should also know what you did when you fell. You should not assume you are partially to blame, but you must consider this possibility. The insurance company of the property owner will almost certainly bring it up.

Why? If you are partially responsible for your slip-and-fall accident, you may be able to reduce, or even eliminate, the amount that you can recover. The damages that you can receive are reduced by your percentage of blame if you were at least 50% responsible. You are not eligible for financial compensation if you were at least 51% responsible. A Florida personal injury attorney can ensure that the insurance company of the property owner does not unfairly blame you for injuries.

4. When did you slip and fall?

You will have to tell your lawyer when you fell. This is crucial not just to support and look into your claim but also since delaying starting legal action could result in your losing the right to get the compensation you are owed. 

a person white bandage on his feet due to personal injury

5. Did You Seek Medical Attention Promptly? (And what was your diagnosis?)

You must also be able to prove your injuries. This includes proving the location, when, and why you fell. Medical records must be obtained as quickly as possible after your fall. 

Before you look for medical attention, you have to thoroughly grasp your diagnosis. Ask any questions you have regarding your therapy or diagnosis without reservation. Should your doctor’s advice bother you, do not think twice about getting a second opinion. Ultimately, concentrating on your recovery helps safeguard your legal rights and health. 

6. Are you unable to work because of your injuries?

If you submit a claim following a slip-and-fall accident and your injuries prevent you from working, you are eligible for lost earnings. Included are all sources of earnings and perks, including salaries, tips, and independent contractor revenue. Documentation of lost earnings is also important. You should work closely with an attorney to understand the amount you could lose.

7. What other negative effects do your injuries have on you?

Serious injuries can harm your life in several ways. From physical pain to permanent scarring, emotional trauma to loss of enjoyment of living. These are all losses that you could be entitled to compensation for if you have grounds for filing a claim after your slip and fall accident.

Contact Us for a Free Consultation With a Florida Personal Injury Lawyer at W. Lee Clark & Associates

Have you got questions regarding filing a claim following a slip-and-fall accident? We invite you to contact us. Call (941) 207-7477 to schedule a consultation with an experienced Florida personal injury attorney at W. Lee Clark & Associates or tell us how we can assist you online.

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