Any Florida property owner has a required duty of care to keep their premises safe for visitors, customers, and other invited people. However, there are several individuals who do not live up to this standard of responsibility.
Hundreds of Florida residents slip and fall on another’s property every year. The injuries associated with these types of accidents can have devastating and long-lasting consequences.
You Have Legal Options When It Comes to Your Slip and Fall Injuries
If you or a family member experienced injuries and financial losses from a slip and fall accident, discussing the circumstances surrounding your case with a Fort Lauderdale slip and fall accidents lawyer will help you understand your options.
You can file a claim for compensation related to your medical expenses, occupational losses, emotional harm, and more when someone else negligently or carelessly caused your slip and fall injuries.
Contact Us For A Free Consultation
Top of Form
We respect your privacy and do not tolerate spam and will never sell, rent, lease or give away your information
Bottom of Form
Work with an Experienced Legal Team that Offers Responsive Legal Care
At Hancock Gaeta, P.A., our team understands how to negotiate and litigate the complexities of a slip and fall accident claim. Contact us for an initial case evaluation today by calling 954-281-2231or submitting a request through our convenient online contact form.
We Represent Florida Slip and Fall Injury Victims
Slip and fall accidents are one of the most common occurrences of an accident at a store, business, or private residence. The unfortunate reality is that they are easily preventable by taking the time to ensure that people are safe when entering one’s property or home. It is for this reason that slip and fall accidents generally fall under negligence.
Our Fort Lauderdale slip and fall accidents lawyers can represent Florida slip and fall injury victims under the following circumstances:
- Slippery floors
- Cracked or uneven walkways
- Clutter and debris on the ground
- Improperly installed display shelves
- Wrinkled or unsecured carpeting
- Malfunctioning doors or elevators
- Icy or oily parking lots
At Hancock Gaeta, P.A., our legal team has seen the high stakes that negligent property owners cause. From severe injuries to even wrongful death, these prices are too high for which any victim can assume responsibility.
Typical Slip and Fall Accident Injuries
While many people think of slip and fall lawsuits as frivolous, they are anything but that, especially in vulnerable populations like people with disabilities or senior citizens. A fall on a hard surface at the wrong angle can leave injury victims with significant and permanently life-changing medical conditions. Sadly, for some, death may even occur.
Hancock Gaeta will help you pursue compensation for:
- Bone fractures
- Back injuries
- Spinal cord injuries
- Chronic pain
- Traumatic brain injuries (TBIs)
- Wrongful death
- And more
While the preceding list of injuries is not entirely exhaustive, it tells you that they are dangerous and not something to write-off as frivolous. In some cases, they can even prevent your ability to work and earn a living.
Your harm or your family member’s wrongful death do not have to result in additional financial and subsequent emotional harm. Find out how the Fort Lauderdale slip and fall accidents lawyers on our team can help you. Contact us for a confidential evaluation by calling 954-281-2231 or submitting a request through our convenient online contact form today.
You Can File an Injury Claim for Compensation
Hancock Gaeta will work toward proving that the property owner negligently caused your injuries. Thereafter, we will recover your out-of-pocket costs and emotional losses that you justly deserve. You should not have to pay for accident injuries you did not cause.
You can file a claim for damages like:
- Current and future medical costs
- Property damage losses
- Rehabilitation expenses
- Loss benefits and wages
- Loss of future earnings and earning capacity
- Emotional anguish
- Physical pain and suffering
- Wrongful death
- Loss of enjoyment
- Loss of companionship
- And more
It is challenging to estimate what your compensation award may be without discussing the details of your case with a Fort Lauderdale slip and fall accidents lawyer. He or she will be a wealth of knowledge when it comes to an understanding as to how much you should ask for and how to proceed toward collecting a settlement or court award.
In addition to compensation amounts, Hancock Gaeta, P.A. will look at a concept known as comparative negligence. The attorneys for the defendant will attempt to leverage the idea that you are wholly or partially responsible for your accident injuries, which means that the courts will adjust your total compensation amount for which you are seeking.
How Negligent Property Owners May Argue Against Your Claim
It is within the realm of a strong possibility that the accused defendants will hire their own attorneys in an effort to reduce their losses. They will likely argue that you bear at least some responsibility for the accident in some pretty profound ways.
Without having a Fort Lauderdale slip and fall accidents lawyer on your side, they might be successful in assigning blame to you, which thereby reduces your compensation under a doctrine known as comparative negligence.
Some arguments that your detractors may present to the court may include:
- You were not allowed to be on the property
- You weren’t paying attention to your environment
- You were wearing footwear that was not proper for the area
- You accessed areas that were cordoned off
- The present dangers should have been obvious
If your case goes to court, the judge or jury assigned to your case will determine if comparative negligence existed by determining the percentage of your fault. For example, if the opposing side can establish that you were 20 percent at fault for $500,000 in losses, then the judge will reduce your total award by 20 percent to $400,000.
The preceding example assumes a lot of things without any real context. However, it gives you a deep understanding as to why it is so critical to get a Fort Lauderdale slip and fall accidents lawyer involved in proving your case.
Expect that the other side is going to come at you with their own agenda. After all, it is the foundation of our legal system. Working with Hancock Gaeta P.A. ensures that you are asserting your rights at every critical point in your case.
Dealing with Insurance Companies After an Accident
No matter what they say, resist the urge to believe that the insurance adjuster assigned to your claim is on your side. He or she is there to determine if your treatments correlate with medical necessity and reduce financial exposure for the insurance company.
The concept that they are trained to use strategies and tactics in their favor is real. You might even be surprised if they try to pin the accident entirely on you.
However, there are a few tips that you can use to ensure that you aren’t setting yourself up for self-incrimination:
- Avoid speaking with the insurance agent directly. Request that all communications be sent in writing. If you do have to talk with them by phone, decline to speculate as to what happened during the accident. There may be details of which you aren’t aware.
- You do not have to accept a settlement offer without speaking to your Fort Lauderdale slip and fall accident attorney first. Once you receive an offer, you are unable to file a claim if additional injuries present themselves. Your attorney can help you decide if their offer is fair.
- You do not have to admit fault for your injuries. Even making a well-meaning apology could be construed as a self-incriminating confession of comparative negligence.
If you decide to work with an attorney, he or she will field the communications for you. As soon as you mention that you are represented by a Fort Lauderdale slip and fall accidents lawyer, telephone calls and direct interactions with you will cease and be handled by the team at Hancock Gaeta, P.A. However, it is critical that you file a claim as soon as possible to avoid missing the deadlines that Florida laws set on personal injury.
There Is a Deadline on Your Ability File a Claim in Florida
The term statute of limitations is a term that describes the statutory deadline on your ability to file a claim in civil court. Missing the timeline is likely to result in the opposing party submitting a motion to dismiss and having your case removed from the docket. There are a few rare circumstances that will allow you to file a claim after the statute of limitations, like cognitive impairment. However, you would have to speak with a lawyer to determine if you still have time for your specific situation.
The general deadline on a slip and fall lawsuit in Florida is 4 years from the date of your injuries.
Why the Statute of Limitations Exist
Filing a slip and fall lawsuit strategically requires you and your attorney to use timing to your advantage. Understanding the facts of the case and then filing a lawsuit before the statute of limitations is essential.
The reason courts place a deadline on your ability to present a claim hinges upon a few ideas:
- Evidence can degrade over time
- Witness memories can fade
- You need money for your medical bills
Your Fort Lauderdale slip and fall accidents lawyer needs ample time to negotiate a settlement, in good faith, with the insurance company before going to court. Since negotiation discussions take time, it is best that you speak with an attorney as soon as possible for the most favorable result. Otherwise, the negotiation process may be rushed, and you will find yourself going through a lawsuit that did not necessarily have to happen.
However, Hancock Gaeta is not afraid to take your case to court if necessary. We will fiercely advocate on your behalf for the compensation you fairly and reasonably deserve. If you are ready to discuss your options, give our office a call for an initial consultation at 954-281-2231 or by submitting a request through our convenient online contact form today.
Hire a Legal Team that You Can Trust for Responsive Counsel
The first element of filing a claim lies within your recollections but proving it is another added aspect that requires the experience and knowledge of a Fort Lauderdale slip and fall accidents lawyer. Proving your case is a duty of the plaintiff during any settlement or personal injury lawsuit.
The only element that the defendant must prove is why he or she should not be responsible for your accusations. Simply put, the burden of proof rests upon you. Unless you can anticipate and know what you are looking for, there is a possibility that the case could upend itself and leave you with less than what you were hoping.
Fortunately, you have a legal partner you can trust when you hire Hancock Gaeta, P.A. We have years of experience in personal injury and wrongful death lawsuits that aim to recover the most significant monetary award possible.
Some of the methodologies we use to help you include:
- Identifying and locating the defendants
- Filing the case in proper venue and jurisdiction
- Dealing with the insurance adjuster on your behalf
- Reviewing the insurance policies in place
- Gathering, preserving, and submitting direct and circumstantial evidence
- Staying aware of your medical care and document your costs
- Building your slip and fall case to demonstrate how the defendant acted negligently
- Funding your case on contingency, so you don’t have to pay a retainer upfront
Hancock Gaeta, P.A. will also provide personalized and compassionate legal services to every case we litigate. Your case will be handled professionally with extensive attention to detail.
We believe that negligent parties should be held accountable for their actions. Our Fort Lauderdale slip and fall accidents lawyers take cases on a contingency fee basis, which means that we do not receive a payment unless you win your case and collect an award.
Your health is your top priority, not litigating a personal injury case in Florida’s superior court system. We are here to help.
If you or a family member was a victim of a severe injury or sustained loss of life after a slip and fall accident, contact Hancock Gaeta, P.A. for an initial case evaluation by calling 954-281-2231 or submitting a request through our convenient online contact form today.