How Much is Your Slip and Fall Case Worth?

How Much is Your Slip and Fall Case Worth? On the surface, it can be difficult to estimate how much a legal case is worth, especially if the case involves a slip and fall. However, if someone is injured in a fall due to a hazard on another person or businesses’ property, it is important that he or she be aware of the factors that can affect filing a lawsuit. For example, all states have a statute of limitations on how long an individual has to file a lawsuit. In Florida, the injured party has four years from the date of the accident to file the lawsuit. If the person does not file within this period of time, he or she can end up barred from any relief. Here are factors that will determine the value of your slip and fall case: Medical Expenses: Present and Future  Medical expenses are one of the first things used to calculate damages in a slip and fall case. When meeting with an attorney, bring any and all medical expenses to help the attorney evaluate what types of medical expenses may be outstanding and what may be in the future. Damages can sometimes be the amount the healthcare provider has billed the injured client or the amount the healthcare provider agreed to receive as payment in full, if the healthcare provider agreed to a lesser amount. It helps if the client has reached what is known as “maximum medical improvement,” meaning the doctor has declared that he or she has recovered as fully as he or she is anticipated to recover, and additional...

Ways Seniors Can Avoid Slip, Trip and Fall Accidents 

Ways Seniors Can Avoid Slip, Trip and Fall Accidents  According to a recent statistic from the Centers for Disease Control and Prevention, approximately a quarter of all seniors over the age of 65 suffer a serious fall every year. These falls can happen anywhere, whether it is at home, a grocery store, hotel or at a shopping mall. On an annual basis, slip and fall accidents account for 2.8 million injuries and 27,000 fatalities for the nation’s elderly. The injuries can include trauma to the head, as well as bone fractures and lacerations.  Here are some tips to help seniors avoid slip, trip and fall accidents. Clear the Floor One of the biggest causes of slips, trips and falls is clutter on the floor. It can be beneficial to regularly check the floor for any hazards that could cause someone to trip and fall. These hazards can include liquids on the floor; merchandise left in walking paths or even bunched up rugs or mats. Anything that a normal person would not expect in his or her walking path needs to be cleared and routinely checked.  Clean Up Messes or Spills Accidents can happen, especially in the retail industry. As soon as an accidental spill or mess is made, the store has a duty to immediately clean up spills as soon as they happen. Messes or spills should also be cleaned up as soon as they happen in the home. This helps prevent a slip and fall accident from occurring in the home. Routinely Exercise Muscle weakness is a big contributor as to why seniors suffer slip and falls and...

Tips to Help You Recover Following a Slip and Fall Accident

Injuries sustained in a slip and fall accident can be serious and debilitating. Slip and fall injuries are one of the most common causes of visits to the emergency room and are easily the leading cause of many workers’ compensation cases. However, certain tips can help the injured individual recover following a slip and fall accident. While the injured individual’s doctor will have specific recommendations that are key to recovery, the following recovery tips can help, as well, and should be kept in mind: Ensuring the Diagnosis is Correct Before moving into a recovery plan, the injured individual needs to make sure that he or she has received the correct diagnosis from a skilled and competent doctor.  In situations where the injury is severe, the person may need to go to the emergency room. The person may also need to follow up with a specialist, depending on the injury. It is extremely important that the patient give all of the symptoms he or she is experiencing, including all of the details of how the slip and fall occurred. The doctor may want to conduct some tests to properly diagnose the injury, and it is equally important that the patient follow up by attending all of the appointments and taking the needed tests. Eat Well and Get Plenty of Rest The injured person’s body needs to properly recover following a slip and fall injury. Sleep allows the body to heal wounds through the process of cell division, protein synthesis and the rebuilding and growth of tissue. Further, the body needs proper nutrients to repair itself and fight any infection that...

Common Hotel Accidents & Injuries Over Spring Break 

Common Hotel Accidents & Injuries Over Spring Break  Spring break is officially here, and with Miami being ranked the #1 Spring Break destination in the world, we want to remind you and your loved ones to stay safe.  While this time of year brings fun in the sun, it also brings the possibility of injuries and accidents, oftentimes at Miami Beach hotels. In fact, some of the worst accidents can happen to spring break travelers while on hotel property. General Rule Regarding Negligence and Hotel Liability Generally speaking, hotels have a high legal duty of care to ensure that their premises are safe for all guests and to prevent all reasonably foreseeable accidents whenever possible. Hotel premises can include the rooms, but also all common areas, including swimming pools, lobby, and meeting rooms, as well as the hotel’s airport shuttle bus and parking lot. Because guests are considered “invitees,” they are entitled to be protected from all reasonably foreseeable harm. Foreseeable harm is one a reasonable hotel manager either knows or should know could occur on the hotel premises due to the actions of the hotel guests. However, if the injuries are a result of the hotel guest’s own actions, such as voluntary intoxication, the hotel manager does not necessarily have to protect that guest from harming himself or herself.  Whenever a hotel should have known of a defect or broken condition it is called constructive knowledge. Constructive knowledge can be proven with evidence that shows how long danger existed. Often times it can be proven by the hotel’s failure to maintain and inspect the premises appropriately.  Injuries Involving...

Types of Damages in Premises Liability Cases 

Types of Damages in Premises Liability Cases  Following any type of personal injury incurred while on the property of another individual or business, the person who has suffered injury is entitled to damages under the basic rules of negligence. These rules dictate that if the person’s injury was a foreseeable result of the negligent action of the person who controls the property, then he or she is entitled to compensation for damages sustained. These damages can range in scope, depending on the severity and type of injury sustained. Economic Damages  In any type of Florida personal injury claim, premises liability cases included, the first type of damages that are normally sought involve economic damages. These damages include expenses or items of monetary value. If property has been damaged, such as a car or any other item of personal property, or even real property, this would fall in the economic damages category. In addition, medical expenses for the injury sustained on the property, such as medical treatments, doctor’s visits, medications, transportation, or any type of recovery-related treatment, falls in this category, as well. If the injured individual anticipates future medical care, these future medical expenses are also considered economic damages. After being injured, that person may also need to hire someone to help him or her with personal services, like cooking, cleaning, driving or other daily, necessary tasks. These expenses also fall under economic damages. Another important economic damage that often comes up in negligence cases is lost wages. Lost wages can include present loss of income while the injured person has been off work and future ones, if the...

Common Types of Accidents and Injuries that Fall Under Premises Liability 

Common Types of Accidents and Injuries that Fall Under Premises Liability  Many different types of accidents and injuries fall under the category of premises liability, but how fault and damages are determined can depend on a number of factors, specific to Florida law.  What Is Premises Liability? Premises liability is a legal term that refers to the responsibility a landowner or property owner has for any accidents or injuries that occur on his or her property.  It is the responsibility of homeowners, business owners, and other property owners to keep their property safe for visitors and guests. To successfully win a premises liability case in Florida, the injured plaintiff must show that the property owner or business owner was negligent with respect to how he or she maintained the property. This negligent behavior normally means failing to use reasonable care with respect to the property or a specific hazard on the property that caused the injury to occur. However, just because someone is hurt while visiting a business or on another person’s property does not mean that the property owner was negligent. The key is showing the property owner knew or should have known that the premises was kept in an unsafe condition but yet, failed to take necessary steps to remedy that condition. What Is the Property Owner’s Duty of Care? Most states require that a property owner exercise reasonable care when it comes to ownership and maintenance of the property and individuals who enter the property. The property owner’s duty of care depends largely on the category under which the person entering the property falls. The category...
Facebook IconYouTube IconTwitter IconLinkedinLinkedin