Slip and fall injuries can happen to anyone, anywhere, and at any time. According to the National Floor Safety Institute, falls contribute to about 21.3% of hospital emergency room visits each year and are the leading cause of visits. Understanding the intricacies of a slip-and-fall accident in Miami is critical for protecting an individual’s rights and ensuring just compensation.
Here are five things to keep in mind before, during, and after a slip and fall accident occurs.
Not All Slip and Fall Accidents Are Created Equal
The circumstances of a slip and fall can drastically impact whether and how much compensation is received. Common reasons for slip and fall accidents are slippery floors, uneven surfaces, poor lighting, and obstacles in walkways. However, the presence of these circumstances does not automatically equate to liability. The facts of how and why these risks are present and what steps were taken to reduce or remove risks will significantly impact whether a case is successful.
The Plaintiff Bears the Burden
The person seeking relief must prove that a property owner did not maintain the premises to ensure visitors’ safety. The specifics of how and where the accident takes place, whether an individual should have been in that area, whether owners should have known that a risk was present, and whether individuals were on notice of the risk can significantly impact the likelihood of any case’s success. It is important to document the scene, facts, and eyewitness testimony following any accident.
Seek Medical Attention as Quickly as Possible
Recoveries from slip-and-fall cases can vary greatly and there are no guarantees of a large judgment or settlement. However, a reasoned place to start is establishing the damages an individual sustains because of a property owner’s negligence. Seeking medical attention can not only help reduce any concerns about substantial or sustained injuries but can also help establish critical evidence for receiving the most favorable outcome. Doing so quickly can better the chances of pursuing a claim and receiving just compensation within the time allowed by law.
A Lawsuit is Not the Only Option
Many individuals let the fear of a time-consuming trial process stop them from asserting their rights. While this certainly can happen, relatively few accidents go to trial at all. In fact, many cases settle outside of court. While this outcome is not guaranteed, following these recommendations and consulting an attorney specializing in slip and fall accidents as quickly as possible after an accident can help to achieve the best possible outcome.
Legal Representation Can Make All the Difference
Slip and fall cases are complex and can be overwhelming. Having an experienced personal injury attorney can significantly increase an individual’s chances of securing a favorable outcome. An attorney can help evaluate evidence, negotiate with insurance companies, and represent an individual’s rights and interests. At Panter, Panter & Sampedro our team has extensive and demonstrated experience in handling slip and fall matters, recovering over $100 million to date for our clients.
The list provided above is not exhaustive, for more detailed information, download our comprehensive guide. At Panter, Panter & Sampedro we are committed to providing resources and support just like this one for families in our community. If you or a loved one have been involved in a slip and fall accident in Miami, do not hesitate to contact our offices at (305) 662-6178 for a free consultation.
Sources
- National Floor Safety Institute: Slip and Fall Quick Facts Sheet
- Center for Disease Control: Facts About Falls
- Florida Statute 768.0755
