If you fall and suffer severe injuries, your medical bills can be enormous. You may also have future losses, such as loss of earnings or long-term care costs.
Your lawyer must be able to prove that the property owner or occupier breached their duty of care and that this breach directly caused your accident and injuries. This requires establishing the following:
Damages
A slip and fall lawyer in Vero Beach will help you determine the extent of your injuries. They will request copies of your medical records to establish the severity and the connection between the injuries and your fall.
A reasonable attorney will also seek evidence of any other problems that may have contributed to the incident. For example, the property owner might be liable if you were injured by a condition that existed for so long that the owner should have known about it.
Obtaining compensation for your injuries can cover medical bills and other costs. It can also compensate you for lost income and pain and suffering. However, the amount you receive will depend on your role, and special rules apply to government property.
Duty of Care
A property owner must protect pedestrians and authorized guests from injury by reasonably maintaining the premises. This includes keeping surfaces free of hazards like liquid spills, ice, and exposed electrical wiring. The occupier can be held liable for not addressing or remedying an unsafe condition when it was in their control. Still, they can also be held responsible for failing to warn about an unreasonably dangerous condition.
An experienced attorney can help you identify the appropriate defendants and determine if they met this obligation. They can also determine how much compensation you deserve for your medical bills, financial losses, and non-economic damages. They can also negotiate with the defendant and their insurers to get you the maximum payout possible.
Causation
Many slip-and-fall injury cases are resolved out of court through negotiated settlements. A qualified attorney can handle the phone calls, paperwork, and negotiations on your behalf.
A good lawyer can help you recover compensation for medical bills, lost wages (past and future), pain and suffering, loss of quality of life, and more.
To win your case, you must prove that the defendant landowner breached a duty and that their breach directly caused your injury. This duty varies depending on whether the victim is an invitee or licensee on the property or a trespasser. The second tenet, causality or proximate cause, is based on foreseeability. Victims must show that the dangerous condition could have been predicted and was foreseeable.
Insurance Claims
Many attorneys work on contingency fee contracts in slip-and-fall cases, meaning their compensation depends on how much the client receives in a settlement or jury award. Having an attorney by your side helps you avoid pitfalls when negotiating with property owners and insurance companies.
Stores and companies invite people onto their properties to conduct business, which means they must keep their premises safe for patrons. These businesses can be liable for slip and fall claims without addressing or warning of hazards.
The critical elements of a slip-and-fall case often boil down to liability and damages, which can be complex issues that are difficult for an unrepresented claimant to handle independently. A skilled slip-and-fall lawyer can help you prove each element of negligence and get the compensation you deserve.
Trial
While many slip-and-fall cases do not go to trial, if they do, the attorney can use evidence such as medical records, photographs from the scene, expert testimony, and witness statements to prove that the property owner or occupier failed in their duty of care and this failure directly caused your injuries. The jury will then determine whether the defendant owes you compensation.
Your injury lawyer will also handle the phone calls and paperwork from insurance companies to ensure you get what you deserve. Even a seemingly minor injury could be permanent, so you must see a doctor immediately and have an experienced attorney. Contact our slip and fall lawyers for advice if you’ve been hurt in a fall.