South Florida Injury Attorneys Blog
From time to time, people are injured from slip and fall accidents. However, slip and fall accidents are regular occurrences that can happen anywhere and anytime to anyone, including the young, elderly, and healthy.
The injuries after the accident can vary from head trauma and broken bones to bruises. Unfortunately, when accidents like this happen, the victim could face years of pain, financial difficulties, and mental anguish.
Sometimes, people assume that the slipping and falling incident is their fault. However, this is sometimes not the case, as property owners, landlords, and business owners may be responsible.
Every property or business owner must maintain their premises and keep them safe from hazardous conditions. Therefore, carelessness leading to a slip and fall accident can be grounds for seeking compensation.
Although there is no definite way to determine the value of a slip and fall claim, factors can affect the damages you deserve. A Stuart hit and run lawyer can explain these factors and how they can affect your case.
Causes of Slip and Fall Accidents in Stuart, Florida
One way to prevent slip and fall incidents is to understand the common causes. Slip and fall accidents happen due to a business owner or property owner’s failure or negligence to maintain their property. Here are a few causes of slip and fall accidents in Stuart, Florida.
Hazardous Surroundings
Hazardous surroundings on a property are likely to cause a slip and fall accident. Examples include wet floors, uneven surfaces, loose mats, freshly mopped floors, parking lot potholes, etc.
Stray Cords and Wires
People walking in areas exposed to loose or stray wires can cause a victim to trip over and suffer injuries such as bruises and head trauma. In addition, these stray wires and cords can become hooked to shoes or cause pedestrians’ legs to slide, leading to a slip and fall accident.
Weather
Some weather conditions, such as rain, sleet, ice, and snow, can also increase the risk of slipping and falling. The weather is a natural occurrence that cannot be controlled. However, a property owner must ensure that the premises are safe. Otherwise, owners face the possibility of liability lawsuits.
Building Conditions
Sometimes, the condition of a building is another common cause of slip and fall accidents. For example, building conditions such as inadequate lighting make it difficult for people to find their way, and it is almost impossible to avoid a fall. In addition, when handrails designed to support people to maintain their balance are damaged, a slip and fall accident will likely occur.
Distractions
When a pedestrian is distracted, such as using a phone while walking, talking to other people, or generally not paying attention, there is a high risk of slipping and falling.
11 factors That Can Affect Your Slip and Fall Case in Stuart, Florida
Slip and fall cases are unique in Stuart, Florida. However, lawyers and insurance companies representing any slip and fall accident victim consider several factors when settling a slip and fall case.
Here are 11 top factors that could affect a slip and fall case.
- Type of Injury
When a victim’s injury is severe, it can increase the value of the damages they may be compensated for. This is because severe injuries result in costlier medical bills and higher lost wages. An injury can also impact usual day-to-day activities.
- Accountability
Another factor that influences a slip and fall case is accountability. A victim must prove that the property or business owner’s negligence is the cause of the accident. In addition, solid proof of accountability is required to seek compensation.
- Surgery
In cases where the victim requires surgery, there is usually a higher chance of being eligible for more compensation than injuries that do not require surgery.
- Previous Injuries
If a claimant has suffered from any previous injuries, the defendant’s insurance company might try to argue that the victim is entitled to less compensation. While this claim might not be valid, it requires the victim to submit evidence showing the pre-existing condition did not aggravate their wound from the slip and fall accident.
- Immediate Medical Attention
When a slip and fall victim receives medical treatment immediately after the accident, it shows that the injuries were severe. In addition, a follow-up of a treatment plan recommended by a doctor also helps when seeking fair compensation.
- Permanent Damages
When a person sustains permanent injuries, they will have future medical bills. This means that the injuries might affect the victim’s quality of life and cause future pain and suffering. These wounds could increase the value of compensation that a person claims.
- Evidence
The evidence submitted regarding injuries and accountability can also influence a slip and fall case. The more evidence gathered, the stronger the compensation claim, and the value may also increase. Evidence such as photos of the scene, injuries, and medical records can increase the strength of a slip and fall case.
- Carelessness
In Florida, a person’s carelessness can also lead to a slip and fall case. Therefore, if the victim is about 70% at fault for the accident, the total compensation will be reduced by 70%. However, the victim can pose the argument in cases where only a business or property owner is at fault.
- Prior Notice
When the property or business owner did not give a person a warning beforehand, the victim can file a claim for damages. For example, if the floor was newly waxed or cleaned and the premises owner fails to place a warning sign.
- Case Report
A claimant not reporting the accident immediately can also affect a slip and fall case. The case’s value can decrease substantially if the report is not made immediately. Therefore, ensure you inform the property owner or manager of the accident and your injury.
- Improper Shoes
The kind of shoes a person was wearing before the accident can also affect a slip and fall case. For example, if a person wore high heels at a construction site, the insurance company can argue that the accident happened due to the shoes.
What Compensation Can a Claimant Recover After a Slip and Fall Accident?
Suppose a claimant can prove that the business or property owner was negligent. In that case, the claimant may be able to recover compensation for their injuries. The settlement covers the following:
- Medical expenses
- Rehabilitation expenses
- Physical pain and suffering
- Lost wages
Contact an Experienced Stuart Hit and Run Lawyer for Help
If you have sustained any injury in a slip and fall accident, our professional Stuart hit and run lawyer can come to your rescue. Our experienced lawyers can help assess the value of your claim and recommend options to help you recover the compensation you deserve. Call our office at (561) 800-8000 to schedule a complimentary consultation.