What is Needed Boynton Beach Slip and Fall Accident Claim?
If you slip and fall in Florida, your first reaction is likely to get up off the ground, dust yourself off, and keep walking. However, if you slipped and fell on someone else’s property, it may be a good idea to explore legal options. This is especially the case if it is clear that the property owner was negligent, which lead to you slipping and falling.
At the end of the day, it is your decision whether you want to file a claim with the property owner’s insurance company or if you want to take the matter to court in Florida. Regardless of your decision, there are laws and statutes of limitations that will impact how you seek compensation, how much compensation you can receive, and whether your lawsuit will be successful.
Boynton Beach Slip and Fall Accident Statute of Limitations
The statute of limitations in Florida for slip and fall accidents is four years. Technically, this gives you a lot of time to go through the legal process. However, in reality, you need to take urgent action if you are going to get the most compensation for your damages.
If you delay your case or if you delay getting treatment, this could hurt your case. Regardless of when you want to pursue your slip and fall accident, it would be best if you got medical care immediately.
In addition to getting a diagnosis and treatment, you want to take steps to preserve the evidence from your case. Possible evidence varies from case to case. However, in most circumstances, evidence of a Boynton Beach slip and fall accident would include photographs. These photographs should be taken immediately after the accident if it is possible. They should include a close view, wide-angle views, and views from different directions.
You will also want to take photos of your injuries. Hold onto physical evidence of your injuries. This would include soiled or bloodied articles of clothing. If others witnessed the accident, get their contact information. Quickly send preservation of evidence letters to any potential defendants and insurance companies.
It is your responsibility to prove negligence in a slip and fall lawsuit. For this reason, you will need to act immediately. You can wait four years to start your case. After four years, though, it becomes harder to prove that the at-fault party was negligent or that they are truly at fault.
As the plaintiff, you have the responsibility of proving three things. They include:
- Liability. The other party is at fault.
- Causation. The accident caused your injuries.
- Damages. The extent of your injuries.
To do this, you need evidence. Evidence has a terrible habit of disappearing quickly if it is not immediately preserved. Defendants have no legal duty to keep evidence, such as surveillance recordings, unless you have promptly told them that a lawsuit may be filed. It would be best if you acted quickly so that the defendant is notified following the proper procedures. This way, they are obligated to preserve evidence. Until you take this step, the defendant is within their right to destroy or lose evidence that could be pivotal in your case.
What Is Needed to Prove a Boynton Beach Slip and Fall Accident?
Slip and fall accidents can cause severe injury and even death. These accidents can be costly to treat. Therefore, if you or your loved one is injured in a slip or fall accident caused by the negligence of someone else, we encourage you to promptly contact our Boynton Beach slip and fall attorney to discuss the particulars of your case.
Property owners and lessees are legally obligated to keep their property safe or to provide fair warning to people who would pass through or use a space that is dangerous or potentially dangerous. If you are injured because of a property owner’s negligence, a Boynton Beach slip and fall attorney can help you determine if you have the right to file a premise liability claim.
Slip and fall accidents are commonly caused because of:
- Standing water, spilled food, or faulty drainage
- Sticky or slippery floors and stairs
- Damaged or uneven walkways
- Tripping hazards that lack warning signage
- Poorly maintained stairs, floors, and walkways
The injuries caused by a slip and fall accident can permanently change your life. These include spinal cord damage, paralysis, serious brain injuries, and broken bones. Some of these injuries could be so devastating that you have expensive medical bills and long-term recovery.
To prove liability, a Boynton Beach slip and fall attorney must prove that the defendant knew about the condition that led to the accident. They may also need to prove that the defendant was aware of recurring conditions, and so the defendant should have known that a slip and fall accident was plausible.
This is a heavy burden of proof that is put on the plaintiff. However, our experienced lawyers can help you. We have been dealing with slip and fall accidents for many years. We have the knowledge and experience needed to work on your case.
Every slip and fall case has its unique peculiarities. In most cases, a combination of surveillance videos, maintenance records, witness statements, medical records, and statements from emergency responders are enough to piece together the particulars of a case.
Comparative Negligence
In most slip and fall cases, the property owner argues that the plaintiff had some responsibility in the accident. If the court accepts this premise, the amount of compensation you receive may be greatly reduced. This also applies to cases that are settled out of court.
One of the arguments a property owner could place is that the defendant was on the part of the property that was prohibited. They can argue that the accident happened because the defendant was on their cell phone while walking instead of paying attention to where they were going. Another argument property owners may make is that your footwear was not appropriate for the situation.
In its purest form, comparative negligence means that if a person is found to have 15 percent of the negligence for an accident, the personal injury compensation they receive would be cut by 15 percent. If the total compensation is $1,000, the plaintiff would receive $850.
Even if your case does not make it into the courtroom and no lawsuits are filed, the comparative negligence rule would still impact compensation. When you negotiate with insurance companies, the insurance company will investigate and attempt to determine how much of the blame sits with you. And they will attempt to adjust what they offer you based on how much they believe you are at fault.
Potential Damages to Collect Following a Slip and Fall Accident
The damages you receive in a slip and fall case in the state of Florida might include:
- Medical expenses, including physicians, rehabilitation, surgery, hospital stays, prescription drugs, etc.
- Pain-and-suffering
- Punitive damages if there was willful negligence or maliciousness
- Lost wages and loss of future earnings
If you were involved in a slip and fall accident, you may have a ton of injuries. You may not be able to go back to work. After a slip and fall accident, even if you don’t think you are hurt, get immediate medical care. Once the adrenaline has died down, injuries may show themselves.
If you have been in a Florida slip and fall accident, we encourage you to talk to our experienced slip and fall attorneys. We have decades of experience and understand the laws surrounding Florida slip and fall accidents.
Don’t sit back and hope that your injuries are going to get better. Don’t sit patiently waiting while hoping that the insurance company will pay you what your injuries are truly worth. Instead, talk to an experienced attorney today. Start taking steps to protect your rights.
