Have you been injured in an accident on someone else’s property in Sebring, Florida? If so, you may have a claim against the property owner or the business operating the property under the legal concept known as premises liability. The law of premises liability includes a property owner’s liability for numerous types of incidents, but the most common claims are for slip and fall, and trip and fall, accidents.
Slip and falls are no laughing matter, especially for older people. According to the United States Centers for Disease Control, each year 2.8 million older people are treated in emergency departments across the country for fall injuries. Over 800,000 patients a year are hospitalized because of a fall injury. One out of five falls (20% of falls) causes a serious injury, such as broken bones or a head injury. The average hospital cost for a fall injury is over $30,000. Adjusted for inflation, the direct medical costs for fall injuries in the United States are $31 billion annually.
Common fall injuries include: cuts and bruises; sprains, broken bones; neck, back and spinal cord injuries; shoulder, arm, wrist and hand injuries; hip, knee, ankle and foot injuries; joint dislocations; concussions; traumatic brain injuries; and even death. Many of these types of injuries require costly surgical and/or long term treatment. This is why it is so important that property and business owners maintain a safe environment.
Slip and fall accidents can occur nearly everywhere – a sidewalk, a supermarket, an office, or even a governmental building. Common slip and fall and trip and fall cases involve: wet, oily or slippery floors; debris and other obstructions in walkways; potholes and uneven walking surfaces, unmarked hazards; loose, damaged or neglected flooring, stairs, streets, sidewalks, curbs, wheel stops, and walkways; structural defects; poorly lighted areas; negligent property maintenance; defective or improperly repaired equipment; and poorly trained or negligent employees.
When you visit someone else’s property in Sebring, particularly a business property, you expect the property to be reasonably safe. Unfortunately, businesses and other property owners commonly fall short of that expectation. Worse yet, it is often very clear that the property owner or business knew about the danger, but for whatever reason failed to implement effective safety measures or take the necessary action to correct or adequately warn about the known dangerous condition. This negligence frequently causes people to fall.
If you or your loved one has been involved in a Sebring, FL slip and fall accident, please call the Cloud Law Firm for a no-hassle, free consultation at: (863) 402-2207. We will be happy to meet with you in person at our Highlands County office located at 205 S Commerce Ave, Sebring, FL 33870. We want you to know your rights and we will provide the advice and help you are searching for. If you retain us, we will get to work on your case right away. You have nothing to lose by calling because there are no attorneys’ fees unless we win your personal injury case.
This is a non-exhaustive list of things you should do if you are involved in an accident:
1. Report your fall to the business or property owner.
2. Get all witnesses names, addresses and telephone numbers.
3. Take a lot of pictures of the accident scene, the dangerous condition that caused you to fall, any witnesses, and all of your visible injuries. Keep the photographs in a safe location, not just on your cellular phone.
4. Seek immediate medical attention and tell your physician everything you can about the pain and other symptoms you are experiencing. If you are disoriented, confused or having trouble remembering things, you should report it then.
5. After reporting your fall to the business or property owner, do not talk to anyone other than the your physicians and your attorneys about the accident or your injuries.
6. Retain an attorney to help you with your claim.
7. Before you sign anything, such as a statement, consult your attorney.
Absolutely. The average person does not have the experience necessary to value a personal injury case, to prepare the case, or to negotiate the intricacies of personal injury law. For example, do you know how to obtain and evaluate how much insurance is available to resolve your claim? Do you know which, if any, of your collateral source providers (e.g. a health insurer) must be reimbursed from your personal injury settlement or what to do if the collateral source isn’t being responsive or reasonable? An experienced attorney will be familiar with applicable Florida laws and how they apply to your particular circumstance and will be a great benefit in helping you obtain maximum recovery.
This is a non-exhaustive list of things a slip and fall attorney handles for clients:
1. Investigate the claim, such as: interview witnesses, obtain photographs of the scene and vehicles; obtain and analyze all of the client’s medical records, obtain and evaluate all applicable insurance policies, and research applicable law.
2. Advance all the litigation costs incurred in pursuing the claim. Litigation costs generally include things like charges for copies of medical bills, costs charged by the Court, court reporters, and process servers, and costs charged by experts. In cases that go to trial, litigation costs are often tens of thousands of dollars.
3. Represent the client in dealings with the property owner and their insurance company.
4. Represent the client in Court.
5. Negotiate any settlement.
6. Negotiate payment of outstanding liens and medical bills following settlement.
Immediately! The attorney, Mia Cloud, will provide a Free Consultation and get to work immediately on your case.
This depends on a lot of variables outside the client and attorney’s control, including: the client’s injuries and course of treatment, the amount of insurance coverage available, the number of insurers involved, and the insurers’ willingness to discuss a reasonable settlement. With those factors in mind, a standard personal injury case usually takes anywhere from three months to two years to complete. One of the reasons it takes so long is because it is unwise to settle before the accident victim substantially completes their treatment as you only get one bite at the apple and cannot go back for more later if it turns out you need additional treatment. Also, if the case goes into litigation, it can take more than a year to get the case through the congested court system.
Slip and fall victims are entitled to recover the following types of damages:
1. MEDICAL BILLS: You are entitled to recover payment for all of your medical bills which are reasonable and causally related to the accident. This includes future medical costs which are necessitated by your injuries.
2. LOST WAGES: You are entitled to recover payment for all of your lost wages which are causally related to the accident. This includes wages lost in the past, as well as loss of future earning capacity.
3. PAIN AND SUFFERING: You are entitled to recover payment for all of your pain and suffering related to the accident, both past and present. Pain and suffering damages should not be considered lightly. Depending on the circumstances, pain and suffering awards can sometimes be quite significant.
4. OUT OF POCKET EXPENSES: You are entitled to recover all of your out of pocket expenses, including mileage to and from treating physicians and the costs associated with prescription medications. Be sure and keep track of these amounts as they can be difficult to reconstruct.
Your top priority should be your health. If you are in pain or are experiencing symptoms/limitations, you should seek medical treatment regardless of the potential positive or negative effects to the value of your claim. Setting that aside, the value of your case depends on numerous factors, such as the following: the facts of the accident (inflammatory facts makes the value go up), the degree to which you may share comparative fault in causing the accident, the credibility and likeability of the parties and witnesses, the victim’s injuries, course of medical treatment, and future prognosis, the total medical bills, liens and write-offs, and may other factors. An experienced car personal injury attorney will consider the circumstances of your case and help you evaluate the settlement value of your case.
No. Many clients want to avoid going to court and we are generally able to secure a reasonable settlement offer without filing a lawsuit. However, insurance companies can be stubborn and sometimes a lawsuit must be filed before the insurance company makes a reasonable settlement offer.
The Cloud Law Firm provides services to car accident victims for a “contingent fee.” We get paid only if we win your case by obtaining a settlement or jury verdict in your favor. If we win your claim, the fee is 33.3% to 40% of the recovery depending on whether we had to file a lawsuit to resolve your claim.
Sometimes. While quite different from PIP, many commercial general liability (CGL) insurance policies maintained by business entities contain “medical payments coverage.” The coverage is usually nominal, like $10,000, and is available to pay a fall victim’s medical bills, regardless of fault.
“I would strongly recommend Mia for representation. She’s very hard working, professional, protective, compassionate for others in need. She will fight to get the job done! Mia personally handled my case. I was so impressed how quickly she responded to every question with wit that won my case. Mia had only met me a handful of times throughout a couple of years. But, when we were in court she knew absolutely everything about me. That’s what makes her an amazing attorney!” -Angela
Rating: 5.0/5.0 ? ? ? ? ?