Slip and falls are one of the most common types of personal injury law in Florida and the United States. These accidents happen when an injury or accident occurs due to someone else’s oversight or negligence regarding a property they were legally responsible for.
Why are they such a strong legal focus?
The injuries sustained from a slip and fall accident are not only potentially catastrophic, but they also may not be initially apparent. Slips and falls can create extremely painful herniated disks, spinal cracks, and neck issues to name a few injuries from accidents like these.
These are the sort of injuries that have a chance to follow victims for the rest of their lives, causing lasting pain, expensive chronic bills, and lifelong inconvenience. Because of this it is important to seek medical and legal expertise as soon as a victim finds themselves in a situation like this.
What’s the first step?
If someone is involved in a slip and fall accident, the first thing they should do is alert the property manager or owner. If they have fallen in a restaurant, they should call the manager over and alert them to the situation immediately unless immediate health assistance is needed.
Get medical help
Whether you think you need it or not, you should get the opinion of a health care professional soon after the injury. If you fail to seek medical attention, it could jeopardize your claim, and restitution could become very difficult or completely impossible.
Make sure that your bills are kept in a place that is easy to find and organized. If this winds up being a legal issue, these bills will be a part of the recourse.
Dealing with Insurance
After the claim has been filed, an insurance company may reach out to settle the claim and at this point, if they haven’t yet, they should seek the experience of a professional attorney with a focus on accident law. Insurance companies generally want to file for a minimal amount before the larger issues have been realized, and without a lawyer representing the victim, that is often what happens.
At this point, if not before, an attorney may gather witness statements, any footage, and other evidence to support your case.
File the Lawsuit
The paperwork should be filed in the proper court and will get the court involved. Sometimes, a defendant will agree to settle a suit before the lawsuit actually gets filed. In this case, the paperwork does not go out and the case is resolved without going to court, causing less stress on the victim and an expeditious resolution to their path to recovery.
If not, the process follows normal legal procedures like any legal case would involving
- Answer: the defendant gets a chance to explain how they believe that it happened.
- Discovery: both sides present the evidence that will be used to support their side.
- Trial: as the plaintiff, the burden of proof falls on you and eventually reaches a conclusion one way or the other.
After the matter has been resolved in the eyes of the law and the parties involved, an agreement is reached and enacted.
Slips and falls are nothing to be cavalier about and should not be approached lightly. If you or a loved one is ever involved in a slip and fall accident, don’t forget that you have local experts at your disposal that you can count on.