Most slip and fall accident claims are paid out by insurance companies. Unfortunately, insurance companies are for-profit enterprises that lose money every time they pay a claim. Instead of the compassion and sympathy that you need right now, you are more likely to receive a bag full of cheap tricks from the insurance company.
Do you need an aggressive personal injury lawyer in Orlando, FL? Welcome to Payer Personal Injury Lawyers.
We’ve been fighting for our Orlando clients for decades now—and insurance companies know better than to mess with us. To date, we’ve secured $100+ million in compensation for our clients.
How Payer Personal Injury Lawyers Can Help if You’ve Been Hurt in a Slip and Fall Accident in Orlando, FL
How many ways can our Orlando personal injury lawyers help you with your claim? There are a hundred or more. Below is just a sampling:
- Perform a professional assessment of the validity, strength, and value of your claim;
- Review and analyze your medical records;
- Negotiate with the opposing party (probably an insurance adjuster);
- Design a winning case strategy based on your goals and needs as well as the specific facts of your case;
- Consult with an accident reconstruction specialist to prove that the other side was at fault for your accident;
- Offer unbiased advice from an objective perspective; and
- Take your case to court if necessary (a trial would be a last resort).
You need us on your side, if we do say so ourselves. The insurance company, including your own insurance carrier, is adverse to you because the more money they pay you, the lower their profits become.
With us, it’s the opposite. Since our fees are set as a percentage of the amount you win, we only earn money if you win. And if you don’t win any compensation, our fees will be zero. That fact, more than anything else, is what puts us on your side after a slip-and-fall accident in Orlando, Florida. Call today.
How Many People Are Killed or Injured in Slip and Fall Accidents Every Year?
According to the Centers for Disease Control and Prevention (CDC), over one million Americans suffer slip and fall injuries every year, and over 17,000 of these people die. Slip and fall accidents account for about 15% of all workplace accidents.
What Is Premises Liability?
Owners and occupiers of real property (“O/Os”) owe a duty of care towards anyone who legally enters the property. Although this duty varies according to the entrant’s status (an invitee or a licensee, for example), O/Os can face liability for an injury to an entrant by a dangerous condition on the property.
In some cases (children, for example), an O/O can even face liability to a trespasser.
Whom Can I File My Slip and Fall Accident Claim Against in Orlando?
You can potentially file a claim against the property owner, property manager, or even renters, depending on how much authority they had and how much they knew at the time of the accident. Typically, you can at least file a claim against the property owner.
Should I Sue or Settle After an Orlando Slip and Fall?
Maybe both. Suing now doesn’t stop you from settling later since courts are happy to let plaintiffs withdraw their lawsuits. A common pattern is to seek a settlement, wait until negotiations stall, then file a lawsuit.
Both sides then undergo the pretrial discovery process, which often yields large quantities of evidence that typically favors one side over the other. If the evidence favors you, you can return to the settlement table with enough bargaining power to force a settlement.
Does Homeowners’ Insurance Cover Slip and Fall Accidents in Florida?
Yes, it generally does. So does renter’s insurance. This coverage is particularly important if you suffer an injury in your friend’s home. You might need money but be reluctant to file a lawsuit, fearing that you will drive your friend into bankruptcy. Homeowner’s insurance dramatically reduces the likelihood that you will ever face this dilemma.
What Are the Common Causes of Slip and Fall Accidents in Orlando?
Following are some of the most common causes of slip and fall accidents:
- Wet floors;
- Torn carpeting;
- Obstacles on the floor;
- Dark stairwells;
- Loos stairwell railing;
- Alcohol intoxication;
- Icy parking lots;
- Defective ladders;
- Loose floorboards;
- Potholes; and
- Uneven walking surfaces.
Dozens more causes of slip and fall accidents could easily be identified. Most of them are somebody’s fault.
How Much Is My Orlando Slip and Fall Accident Claim Worth?
How much your claim is worth depends on:
- The magnitude of your losses;
- The extent to which you share blame for the accident (comparative fault);
- The balance of evidence (the opposing party is likely to settle for more if your claim is strong);
- Your lawyer’s negotiating skill (absolutely critical); and
- Insurance policy limits.
The value of any claim is heavily fact-dependent. Talk to your lawyer to obtain a ballpark estimate.
How Does Florida Comparative Fault Apply to My Claim?
If you share fault for the accident (suppose you were intoxicated when you fell, for example), you will lose at least some of the compensation you would otherwise have received. If your percentage of fault was 50% or less, you will lose a corresponding percentage of your compensation.
If you were 35% at fault, for example, you’d lose 35% of your compensation. If you were more than 50% at fault, however, you will lose all of your compensation. An attorney can respond to allegations of shared responsibility on your behalf to maximize your compensation.
What Kinds of Injuries Arise From Slip and Fall Accidents?
Slip and fall accidents frequently cause the following injuries:
- Traumatic brain injury (TBI),
- Broken bones;
- Spinal cord injuries, often including paralysis;
- Sprains and strains,
- Tailbone injuries,
- Cuts and abrasions,
- Knee and wrist injuries,
- Nerve damage, and
- Soft tissue injuries.
Other injuries are common as well.
What Are My Legal Options if My Loved One Died in a Slip and Fall Accident?
If your loved one died in a slip and fall accident that someone else’s misconduct caused, the executor of your loved one’s probate estate can file a wrongful death lawsuit. If your loved one left a will, the will probably name the executor.
If not, then the probate court will select an executor. Courts typically select a close relative, such as the surviving spouse. Our attorneys are qualified to help you with a wrongful death lawsuit as well.
What Do I Have To Prove To Win a Slip and Fall Case in Orlando, FL?
You must prove that:
- The property owner or occupier (O/O) caused a dangerous condition, knew of it, or should have known of it;
- The O/O failed to either repair the condition (if feasible) or warn of it;
- You suffered an injury; and
- The O/O’s failure to repair or warn of the danger was the proximate cause of your injury.
Typically, it is the property owner who bears liability, but this is not always the case.
What Evidence Do I Need To Win a Slip and Fall Accident Lawsuit?
Following is a list of the types of evidence that you might be able to use to win your slip and fall claim:
- CCTV footage of the accident;
- Photographs of the scene of the accident;
- Interviews with eyewitnesses;
- An accident report, if your accident occurred at a business and the business generated the report;
- Medical records;
- Records of lost wages;
- The clothing (including footwear) that you were wearing at the time of the accident;
- Weather reports, if the accident occurred outdoors;
- Expert testimony; and
- Previous complaints or accidents.
Many other types of evidence can also be useful, depending on the circumstances.
How Long Do I Have To File a Slip and Fall Claim in Florida?
The general rule in Florida is that you have two years after the accident to file a slip and fall claim. If the victim died and you wish to file a wrongful death lawsuit, you have until two years after the date of death to file. Narrow exceptions to these rules apply.
Can I Sue the Government for a Slip and Fall Claim?
Normally, the answer is yes. You can sue either the Florida state government or the U.S. federal government, depending on who was responsible. If you slipped and fell in the post office, for example, you’d want to sue the federal government. Remember also that local governments, such as Orlando, are subdivisions of the Florida state government, but Florida is not a subdivision of the federal government.
To sue the government, you must notify them of your claim and wait for their response before you can file a lawsuit. The deadlines for these types of lawsuits are unique; contact us as soon as you can to protect your rights.
Can I Sue My Employer for a Slip and Fall Claim?
Yes, you can, but you will almost certainly have to satisfy yourself with workers’ compensation benefits instead of full personal injury benefits. That means non-economic damages and only a portion of your lost earnings.
Since Florida workers’ compensation applies an absolute maximum to weekly income replacement payments, the more you were making before your injury, the more inadequate your workers’ compensation will turn out to be.
Contact Our Orlando Slip and Fall Accident Attorneys for a Free Consultation.
Even though just about everyone knows that an injury victim is entitled to compensation for an accident caused by someone else, insurance companies love to take advantage of victims who don’t know the true value of their claim.
Fortunately, most of them know better than to try to pull a fast one on a Payer Personal Injury Lawyers client. If they don’t, they’ll have to learn the hard way.
Contact our Orlando slip and fall accident lawyers today by calling (866) 930-1238 or reaching out online.
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