Slip And Fall Accident Lawyer Coral Gables, FL
As a trusted Coral Gables, FL slip and fall accident lawyer understands, there will be certain documentation that is crucial to your slip and fall accident case. This does not just mean your insurance information or your contact information. This is going to be documentation that holds as your evidence and that helps to set things in motion for you when you file your slip and fall accident claim. Many people think that slip and fall accidents are fairly easy to settle because it is always going to be the property owner who is liable, right? Not necessarily. A trusted lawyer from Perez Mayoral, P.A. knows that even if it seems clear that the property owner is liable, you still need to bring solid evidence to the table.
What kind of documents do I need for my slip and fall claim?
When you wish to move forward with a slip and fall claim, you are responsible for showing that the property owner is liable. This means that the property owner knew there was a danger on their property and did not fix it within a reasonable amount of time. When you file your claim, you will bring forward evidence that shows the property owner breached this duty of care. Your Coral Gables slip and fall accident lawyer will need documents such as:
- An account of what happened. When you get into a slip and fall accident, you will want to write down exactly what happened as soon as possible. Memory can be tricky and facts can become blurry. Jot down the exact time and date, where you were when the accident occurred, what you were doing, if anyone else was there, and how the accident occurred.
- A police record. There is not always a police record. If no police were called to the scene then this type of documentation can be omitted. However, if the accident was serious and the police were there to write a report, this would be a crucial document to get, especially if you hit your head and lost consciousness at the scene.
- Medical Records. Your medical records are going to be an impartial assessment of what your injuries are, what exact treatment is needed, and how the injuries might affect your life. They can also corroborate your accident story. If you don’t need emergency medical services at the scene of the accident, you should still see a doctor as soon as possible after you become injured.
- The accident report. When you fall on public/commercial property, you must report your accident to the owner’s manager. You will need to file a report with them and it is important that you get a copy of this report for your case as well. No need to point fingers in the report. Be factual and write down what happened.
Slipping and Falling at a Friend’s Home
While many people think of needing to file a slip and fall claim when they are at a public place, such as a restaurant or a store, slips and falls commonly happen at places like homes. Unfortunately, one awkward situation that may put you in an uncomfortable spot is if you are at a friend’s house and you slip and fall down their stairs or trip and fall walking in their kitchen. Both situations can be very dangerous and you may be hesitant to file a claim. Often, this decision is determined by how much you think filing a claim will hurt your relationship with this person, not by whether you truly need compensation for your injuries. One of the best things you can do to begin moving forward is to speak with a slip and fall lawyer. It is wise to sit down and go over your options.
I don’t want to make things weird. Should I just pay for my care on my own?
It is understandable that you are concerned about how your friend would feel. However, if your friend had a broken railing that should have been fixed or had a light out that made a certain area of their home more dangerous, it is crucial that you speak with a lawyer about filing a claim. Paying for your care and recovery out-of-pocket is not something you should do if there is another liable party. Your lawyer will need to prove:
- The landlord/person who owns the property knew that there was a dangerous situation
- The landlord/owner knew of the dangerous situation but did not fix it (or set out appropriate warning signs to indicate there was a danger)
- This unsafe situation in the home caused you to have an accident and become injured
This entire situation can feel uncomfortable because you are trying to show that your friend was negligent and caused you to become injured. However, your trusted lawyer will tell you that the goal of this claim is not to go against your friend. Instead, you are filing against their insurance to cover damages associated with your injury.
What if my friend is renting the property?
If you were at your friend’s apartment or home and they are renting the property, then your claim might actually be with the rental property owner, not your friend. This is especially appropriate if you become injured in a common area, such as a hallway, an outdoor living area, or a foyer. If the rental property owner had knowledge of something that was their obligation to fix but did not fix it, you should speak with your lawyer about filing a claim.
While this whole situation may feel uncomfortable, it is best to work through your lawyer so that you avoid placing a strain on your relationship with your friend. Filing a slip and fall claim is not personal. You do have the right to pursue compensation for your injuries on someone else’s property. For more information on how we can help in this situation, give our office a call.
Get Help Today
Getting injured after a slip and fall can be scary. This can result in injuries that lead to lost work and even surgery. When you have been the victim of a slip and fall accident, don’t try to fight this claim on your own. Instead, reach out to a Coral Gables slip and fall accident lawyer from Perez Mayoral, P.A.
Slip and Fall Lawsuit Timeline
If you’ve been injured in a slip and fall accident and believe you may have grounds for a personal injury lawsuit, a Coral Gables, FL slip and fall accident lawyer is ready to assist. What can be a scary time, can be made a little easier if you know what to expect. We’ve all heard stories of people who received huge settlements for their injuries, but it’s not instantaneous. At Perez Mayoral, P.A., we have many years of experience in fighting for a fair settlement for our clients.
Steps In A Slip and Fall Case
We have found that our clients are happier and more able to focus on their own recovery when they understand the elements of what to expect, along with the complexities of their lawsuit. We have compiled a detailed outline of the most important steps in a personal injury case so that you understand what is coming and can feel secure in the process. There are several steps in a personal injury lawsuit, sometimes less, if the parties are able to come to a settlement earlier in the negotiation process, and before a trial and/or appeal occurs.
Initiating Your Case
The first step is a consultation with a Coral Gables slip and fall accident lawyer. It is crucial that you find a competent, experienced, local law firm to represent your rights and fight for you to get the best settlement. Never talk to the other party’s insurance company or make any statements, without the presence of your lawyer. The second step is an investigation of your case. We can examine the circumstances of your slip and fall injuries, gather evidence, interview potential witnesses, etc. Most firms have investigators on staff who are experienced in gathering the most relevant and comprehensive information.
Once the investigation is completed, the next step involves a demand package and seeking restitution. Your lawyer may send a demand letter to the other party and/or their insurance company. Assuming they just don’t agree to your demand, your case will move to the next step. Step four is filing a personal injury lawsuit. We are responsible for all the paperwork and processes needed to file your case in court. Once your case is filed, step five entails you and the defendant having an opportunity to request information from the other side, so that both parties can review all the evidence. This is when witness statements and depositions are typically taken.
The Last Steps
In most cases, step six entails both parties wanting to avoid an expensive trial and will try to come to a mutually acceptable agreement. This is often the lengthiest part of a personal injury case, like a slip and fall incident, unless it moves onto the trial phase. If all attempts at an out of court settlement fail, your lawyer can proceed by filing a trial motion and schedule the case to be heard in front of a judge and jury. Both the plaintiff and defendant will have the chance to present their testimony, question witnesses, medical professionals, etc. Lastly, is an appeal option. If you are unhappy with the outcome of your trial, you can always appeal the court’s decision.
Proving a Slip and Fall Case
As a Coral Gables, FL slip and fall accident lawyer can explain when a person falls on someone else’s property and becomes injured, Florida law allows the victim to pursue an injury claim against the owner if they suffer losses because of those injuries. When a victim falls through no fault of their own but instead fell because of some type of hazardous condition that the property owner failed to address, then the property owner could be liable for medical bills, lost wages, and other losses the victim suffers because of injuries he or she sustained in the slip and fall.
Slip and Fall Case FAQs
How do slip and fall accidents occur?
Some of the more common causes of slip and fall accidents for which a property owner could be held liable include:
- The owner did not post warning about wet floors
- The owner did not clean up leaks or spills
- The owner did not have stairs or ramps covered with slip prevention material
- The owner did not to have proper railings on stairways
- The owner did not repair a loose or broken step
- The owner did not repair a broken or cracked walkway
- The owner did not have adequate lighting in common areas
How do I know if I have a valid case?
When a Coral Gables slip and fall accident lawyer evaluates a case, he or she will look at the answers to these two questions:
- What caused the victim to slip and fall?
- How did the cause get there?
The hazardous condition that caused the victim to slip and ultimately fall needs to be determined in order to prove the owner’s liability. In addition to the information the victim shares with the lawyer, there is other evidence they can use to help strengthen the case against the owner.
What other evidence can my lawyer use to prove the case?
Your lawyer will examine any surveillance footage that may be available since security cameras might reveal exactly how the fall occurred. This is one reason why it is critical to retain an attorney right away, to ensure the property owner does not destroy this type of evidence which could help prove the victim’s case.
The attorney will also speak to any witnesses who may have seen the fall, as well as request the records of any emergency responders who may have been called to the scene of the accident. Emergency room and other medical records will also be used to help prove the injuries the victim suffered from the fall.
How will my lawyer prove that the owner had ultimate liability for my fall?
The next step your Miami slip and fall accident lawyer will take is to determine how the hazardous condition that caused you to slip appeared. In order to prove the owner was liable, your lawyer must prove that the owner knew or should have known about the danger.
When a dangerous issue such as improper railings caused the victim to slip, then it is fairly easy for a lawyer to prove that the owner knew or should have known that they did not have the required railing, thereby putting people at risk of injury.
In other situations, it may not be as easy to prove. One example is when a customer falls on a wet floor in a retail or business establishment. If the customer fell on a wet floor because the owner or employee washed the floor but failed to put up a sign warning people, then the attorney could argue that the owner knew of the dangerous condition (the wet floor) but did not warn (put up signage).
However, if the wet floor was caused by a third party spilling something, it may be more difficult for a lawyer to prove the owner’s liability. They will have to try to determine how long the liquid was there and if the liquid was there long enough that the owner had enough time and should have addressed the hazard.
No matter what kind of personal injury case you have, the steps are basically the same. Sometimes it can take years from the time of injury to the agreement to a settlement. And other times, cases resolve quickly. Please call Perez Mayoral, P.A. today for an evaluation of your slip and fall case. A Coral Gables slip and fall accident lawyer possesses the depth of experience you need to receive the help and support you can count on throughout the lawsuit process.