Slip and falls can lead to anything from minor injuries to death and have lots of causes. Some of the most common causes of trip and fall accidents are spilled food and drinks, wet or newly mopped floors, and dirty restrooms. No matter the cause of your slip and fall, you want a talented personal injury attorney on your side as you pursue compensation.
When you are 55 or older, you are at a heightened risk of injury from a tripping accident, but the fact that you are older does not mean you are responsible for your injury. A West Palm Beach slip and fall lawyer could help determine who is responsible for your accident.
Common Injuries Caused by Trip and Fall Accidents
There are many slip and fall hazards in this part of the state, including overgrown shrubbery obstructing sidewalks and pathways, poor lighting, pooled water from leaking air conditioning units, bunched up rugs, and construction debris, among many others.
The most common injuries from falling accidents are:
- Broken hips
- Shoulder dislocation
- Back injuries, such as fractured vertebrae
- Head injuries, including traumatic brain injuries
Any of these injuries can result in lost wages, hefty medical bills, and significant pain and suffering. An experienced trip and fall lawyer in West Palm Beach could determine the full extent of the injuries and what damages a person is entitled to in any cause of action they pursue.
What is the Statute of Limitations for a Slip and Fall Claim?
Per Florida Revised Statutes § 768.0755, a person has four years from the date of the tripping accident to pursue their claim in court. While this is a generous amount of time, a great deal needs to happen in advance of filing a claim, such as:
- Collecting evidence like police reports and witness statements
- Compiling medical bills and other expenses, such as therapy or time off work
- Dealing with insurers’ attempts to get the victim to accept a lowball settlement offer
- Analyzing data to determine a fair compensation amount
A skilled West Palm Beach attorney can assist with and see a slip and fall claim all the way through to a monetary award or settlement.
Under the same state law, a slip-and-fall claim is a premises liability action. The party responsible for maintaining the space where the slip-and-fall occurs is often the guilty party. The plaintiff must prove that an individual or business failed to remedy a dangerous condition and had notice of the dangerous situation.
Comparative Negligence and Slip and Fall Accidents
In any lawsuit or settlement negotiation related to a fall, the guilty party’s insurer or legal representatives are likely to make a claim of comparative negligence in order to reduce or negate their responsibility for the accident. In this situation, retaining the services of a trip and fall lawyer in West Palm Beach can help beat back their claims.
Per Florida Statutes § 768.81, the court reduces a party’s ability to recover by the degree to which they are responsible for their injury. In cases where the injured party is more than 50 percent responsible for their accident, they are not entitled to any damages. This incentivizes the opposing side to pin blame on the injured person in any way that they can, such as by claiming they were not paying attention to where they were going or acting irresponsibly in the moments before their fall.
You Should Call a West Palm Beach Slip-and-Fall Attorney Today
It does not matter what the cause of your fall was–debris, an unsafe ladder or stairs, poorly maintained property, or something else. Trying to recover on your own will make the process more difficult. You need a West Palm Beach slip and fall lawyer on your side to ensure your claim is successful and you are able to recover everything you deserve.
Being involved in a trip and fall can be embarrassing or even traumatic. When you have been injured in a slip and fall accident, you should contact KMW Legal to start your claim today.