Millions of people end up in the ER after a fall each year. The CDC states that falls are the leading cause of injuries and death for seniors. A fall can happen at any time; yet, when it takes place due to another’s negligence, a victim may take legal action against the at-fault party.
Whether a person sustains a fall in a public setting or private residence, property owners have a duty to maintain safe premises and warn of known hazards. If you have been hurt in a slip or trip-and-fall, the value of your case relies upon three factors:
Available insurance coverage is generally not an issue when sustaining a fall on public property. Businesses generally have million-dollar insurance policies to cover these types of incidents. If you can hold a business owner or manager liable for your accident, you can start to consider what damages you may be entitled to during a slip and fall settlement in Orlando.
Negligence occurs when a person who owes a duty of care shows a disregard for the safety of others by failing to act as a reasonable person would under the circumstances. A dangerous situation can arise at any time. In a slip-and-fall case, it is up to the property owner or manager to regularly inspect the property to uncover potential hazards. A property owner who fails to conduct such inspections fails to maintain a safe property, as does a property owner who recognizes danger and fails to take measures to remedy them.
Plaintiffs carry the burden of proving the liable party could have done more to prevent the accident and thus acted negligently. Evidence of hazardous conditions, such as poor lighting or visibility, can be used to show negligence.
Liability simply means that the at-fault party has a legal responsibility to attend to the property and is responsible for any incidents that take place on the premises. A property or business owner assumes liability for injuries unless they have insurance policies that could relieve them of having to pay out of pocket.
In Orlando, property owners tend to be liable for slip and trip-and-fall accidents. Florida is a comparative negligence state in which plaintiffs may recover damages even if they are partially to blame for slip-and-falls; however, a plaintiff’s settlement may be reduced in proportion to his level of fault. If that proportion is 51% or higher, the plaintiff cannot recover anything.
If you have been injured due to a slip-and-fall you have the right to pursue legal action for damages that can cover the costs of your medical expenses. Medical bills are the easiest to prove and calculate. Your lawyer will submit your past medical bills to the liable party’s insurance company. The negligent party must pay all your medical bills so long as they are reasonable, necessary, and related to the incident. It may be beneficial to seek your doctor’s testimony on your treatment to prove your treatment is, in fact, necessary.
You can also receive compensation for future medical expenses. The burden of proof for these damages lies on the injured party. You must show that there is a significant chance of needing further treatment. It is usually necessary to acquire expert testimony to support a claim for future medical bills.
Finally, victims may be entitled to damages for pain and suffering. These are the most contested type of damages because individuals experience pain differently from one another. One person’s excruciating pain might be another’s tolerant pain. Additionally, defendants are wary of plaintiffs who might exaggerate the level of pain they feel. Insurance companies will review MRI reports and any other files to confirm that you are feeling pain where you say you are.
The value of your settlement will vary based on the extent of your injuries and how much treatment you will need. Depending on your level of pain and suffering, you may win a just sum for these damages, which are more challenging to quantify. The settlement amount is largely determined by what cases like yours have settled for in the past. Your slip-and-fall lawyer may examine jury verdict reports to provide an estimate.
At The Umansky Law Firm, we have over 100 years of combined experience recovering compensation on behalf of injured parties. Our clients trust us to provide them with accurate estimates and realistic expectations in all personal injury matters. Contact our firm to discuss your slip-and-fall settlement in Orlando by calling or email us.
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