Did you get injured from a fall and have questions? Read these 4 things to learn about your slip and fall claim, then call our lawyers today!
1. Injuries Due to Faulty Stairs
We had a case many years ago in Tampa at a well-known business establishment in which our client, unfortunately for him, fell off a curb that had not been properly identified and marked. The curb did not meet the standard of care that was required under the building codes, so we had a claim that we had to take to trial. It sounds very easy, but it’s not.
These cases are very difficult and the insurance carriers on the other side for commercial buildings in particular are going to fight it. A company is not automatically responsible just because someone fell. There is a thorough analysis that needs to take place, and it starts at the consultation through communication with the lawyer.
2. Claim Value
We had a client in Tampa the other day contact us to ask about the value of their slip and fall claim. They were walking in the store and fell on some liquid that had been allowed to remain on the floor for a significant length of time. The answer is not as simple as it may seem. Number one, we have to assess liability or responsibility from the business owner. Just because there’s a puddle of water on the floor and someone slips and falls does not mean the business owner is automatically responsible.
What you need is to consult with a trial lawyer who is able to effectively evaluate the case and communicate to you what that value is. It’s often impossible to determine what the value of your case is at the initial consultation stage, but, certainly, details such as the mechanics of your fall and a picture of what you fell on are a good way to start the process.
3. Cases on Rental Property
We had a client in Tampa that recently, unfortunately, was injured severely from falling off of steps where there was some liquid that was allowed to remain on the steps. It was at a neighbor’s house, but the neighbor was the tenant, not the landlord. The question was, “Do I have a claim?” number one and, two, “How do I proceed?”
The first analysis is always difficult for premises liability. You have to decide whether there is a claim. Just because you fall off of steps, doesn’t necessarily mean you have a claim. The liability analysis is there, but when it comes to whether they can sue or make a claim against the – for instance, in this case – landlord, the answer is yes, but you have to establish whether there is liability. It’s not just a case because you fell. Unfortunately for this particular client, he sustained damages that exceeded $400,000, so it was definitely worth getting a thorough analysis of the liability portion of the case before we could decide whether there was a case.
4. Insurance Investigations
A client called us yesterday from Tampa and asked if it was a good idea to speak with the insurance company after he had fallen at a retail store. He had fallen on some liquid, and the insurance company was wanting to take a recorded statement. I advised him that the best bet is to consult with a trial lawyer in a free consultation to analyze the specific aspects of slip and fall claims, which are usually very complicated in the state of Florida. There is a determination with regard to liability that we have to assess first. It’s a better bet to get that assessment before you start speaking with the insurance companies.
Remember, insurance companies are designed to save their insured as much money as possible. They will adjust your claim and they will pay you the lowest amount they can get away with. To get the full value of your case, speak with a trial lawyer.
Were you or a loved one severely injured in a trip and fall in Florida and have questions about these 4 things to learn about your slip and fall claim? Contact experienced Florida slip and fall lawyers at Serrano Law today for a free consultation and case evaluation.
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