Experiencing an unexpected injury on another’s premises can significantly impact your health and financial security. When an unexpected fall causes harm, it can interrupt normal daily activities and the ability to work, placing additional stress on both well-being and wallet.
In the face of ongoing medical costs and lost wages, seeking reliable counsel from a Destin and Miramar Beach personal injury lawyer is a prudent next step. At Fasig | Brooks, our team understands that accidental injuries deserve to be remedied fully.
Our Destin and Miramar Beach slip and fall accident attorneys will fight to maximize your compensation and treat your case with the respect it deserves. We aim to guide you down the best path towards healthcare, compensation and, ultimately, restoration of your life.
What Is Considered a Legitimate Slip and Fall Accident?
For a slip and fall incident to be considered a legitimate accident that could warrant legal action, there are a few key factors:
Hazardous Condition
There must have been some hazardous condition present on the property that could reasonably be expected to cause someone to slip, trip, or fall. Things like puddles of water/liquids, broken/uneven walkways, cluttered floors, poor lighting, etc.
Knowledge of the Condition
The plaintiff must be able to show that the property owners knew or should have known about the hazardous condition. A slip and fall accident lawyer in the Destin Miramar Beach area can help to prove the property owner’s negligence.
Lack of Reasonable Care
The property owners failed to exercise reasonable care to remedy or warn of the hazard within a reasonable amount of time before the incident.
Causation
The plaintiff must prove that the hazardous condition present was the direct and proximate cause of the slip, trip, or fall incident and resulting injuries. You must be able to show that your injuries were a direct result of the fall. Insurance companies may argue that you had a preexisting condition and try to deny or reduce your claim. Your Miramar injury lawyer can help to defend you against these allegations.
Injuries Sustained
There needs to be valid evidence that real injuries, damages or losses were incurred as a result of the fall incident. Medical records and evidence of missed work are typical pieces of evidence.
All of these characteristics must be established to prove that a slip-and-fall accident was actually unavoidable and legitimately the responsibility of the owners’ or managers’ failure to maintain the property.
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How do Slip and Fall Accidents Happen?
Here are some examples of situations that could create a slip and fall accident:
Wet and Slippery Surfaces
Owners have a responsibility to ensure the safety of their guests by keeping high-traffic areas dry and clean. Rubber grips, rough concrete, or ribbed surfaces should be used in areas where slippery surfaces may be present.
Torn and Ripped Carpeting
When carpet gets worn and old, it can eventually get tears and holes that cause visitors to trip. It is easy to get your foot caught in uneven carpeting, which can result in you falling to the ground. It is the property owner’s responsibility to maintain the flooring and they may be held liable if the flooring causes someone to fall.
Potholes
Poorly maintained property can have potholes on parking lots or lawns. This can cause visitors to trip and fall, resulting in sprains or broken bones in the foot or ankle. This can be extremely painful and can limit the victim’s mobility until they recover. That could have a negative effect on their work and regular life.
Unsafe Staircases
Staircases that aren’t maintained can get worn down over time. The treads or risers of the steps can loosen or break while someone is climbing them. Our legal team can help you file a personal injury claim in such an instance.
Cracked and Crumbling Sidewalks
Sometimes tree roots cause sidewalks to crack, or heavy rain or snow deteriorates sidewalks over the years. These uneven sidewalks are another reason that you can trip and fall. If the property owner fails to maintain the walkways on the premises, your slip and fall accident lawyer in Destin and Miramar Beach can help you pursue damages.
No Warning Signs Around Construction
Warning signs and other visible indicators that visitors and passers-by should avoid the area around a building under construction should be posted by the property owner. It could be considered negligence if there were no warning signs and someone got seriously hurt after wandering into an unsafe place.
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Can I Be At Fault for a Slip and Fall Accident?
If there were signs in the area where you were injured and you weren’t paying attention to them, you may be held liable or partly liable for your injuries. Other examples of how you might be at fault are if you were trespassing. For example, you were on the premises outside of business hours.
If you were inebriated when the slip and fall occurred, you may also be held responsible. The other party can argue that you put yourself in danger by being under the influence of drugs or alcohol in public.
A premises liability lawyer can help defend you against any allegations of liability and preserve the value of your claim.
What Kind of Damages Can I Claim for My Slip and Fall Accident?
The type of damages you can receive for your slip and fall accident can include any expenses that you had to pay as a result of your injuries. This can include economic damages and non-economic damages.
There are a few main types of damages an injured party may claim:
Medical Expenses
This includes all past and future costs associated with your initial treatment and medical care, such as doctor visits, emergency services, diagnostic tests, surgeries, prescriptions, therapy, procedures, ambulance rides, hospitalization, etc.
Lost Wages
If the accident caused you to miss time from work, you may be able to recover lost pay and potential loss of future earning capacity.
Pain and Suffering
You can seek compensation for physical pain, limitations, mental/emotional distress, scarring, disfigurement, and loss of enjoyment from normal activities.
Permanent Impairment or Disability
If the injuries caused a permanent impairment or disability, additional damages may cover lifelong treatment, special equipment, home modifications, special transportation, etc.
Disfigurement
Accidents resulting in scarring or permanent disfigurement are eligible for compensation for loss of aesthetic appearance.
Property Damage
If your clothing or belongings were damaged due to the wet floor or hazard, repair or replacement costs can be included.
Loss of Consortium
A spouse or family member may claim damages for loss of companionship due to the injured person’s condition.
The specifics of your case, injuries, and evidence will determine which types of damages a Florida court or insurance company deems reasonable to fully compensate you for your losses. A slip and fall lawyer in Destin and Miramar Beach can negotiate aggressively to maximize the compensatory damages you receive.
Contact a Destin and Miramar Beach Slip and Fall Accident Law Firm Today
If you have suffered injuries or losses due to a slip and fall accident, it is important to understand your legal options for pursuing compensation. At Fasig | Brooks, our personal injury attorneys will meticulously evaluate the details of your case to determine the best path forward.
Whether guiding you through an insurance claim or filing a lawsuit against negligent parties, we are committed to helping our clients achieve maximum recovery. Our team brings decades of experience advocating for accident victims to ensure your rights are protected and all damages are fully addressed.
More than just legal representation, we provide compassionate guidance and support through what can be a challenging time. If you have questions about pursuing a slip and fall claim, please contact us for a free consultation. We are ready to discuss how we may be able to assist you.
