If you were injured in a slip and fall, you need a good attorney to represent your case. In Florida, slip and fall lawsuits can be especially challenging due to the way in which the laws are written, placing the burden on the plaintiff to prove that the business knew about the dangerous conditions, but did not take action to remedy the situation.
It takes an experienced Orlando personal injury lawyer to represent your case in an effective manner so you get the compensation you deserve for your pain and suffering, medical bills, lost wages and other losses.
Based in Orlando, Florida, lawyers with the Law Office of Hogan & Hogan, P.A. stand apart from all others due to our “clients first” approach. We believe that by focusing on you, our client, and your needs and questions, you’ll enjoy a more positive experience.
A Look at the Common Slip and Fall Questions Received By Our Personal Injury Lawyers
The Orlando lawyers with the Law Office of Hogan & Hogan, P.A. get lots of inquiries from clients who’ve been the victim of a slip and fall. Lawsuits involve many complexities, and lots of individuals have never been involved with the legal system, so naturally, they have many questions. Our goal is to answer your questions so that you feel confident moving forward. Our legal team has compiled information on a few common inquiries.
What is the Definition of a Slip and Fall Accident?
A slip and fall accident occurs when a person is injured after a person “slips on a transitory foreign substance in a business establishment.”
The injuries suffered from a slip and fall can range from bumps, bruises and cuts, to broken bones, damaged teeth, back injuries, head injuries and musculoskeletal injuries. Generally, if the injury requires medical attention, leaves a permanent scar or causes long-term or permanent disability, the victim may have a viable case for a slip and fall lawsuit.
What Do You Need to Prove in a Slip and Fall Lawsuit?
When pursuing lawsuits for slip and fall accidents, lawyers need to establish a few different points:
- That you were injured on the company’s property;
- That the injury was a direct result of the slip and fall accident;
- That the business knew about the dangerous conditions, but failed to take action to correct the problem and ensure your safety.
It is inherently difficult to prove what knowledge another person possesses at a given point in time, making this type of personal injury lawsuit fairly tricky to pursue in the state of Florida. But even so, there are some strategies that can be implemented, such as:
- Providing evidence that the dangerous conditions existed for a sufficient period of time that the business ought to have been aware of the conditions “in the exercise of ordinary care;” or
- Providing evidence that the dangerous conditions which led to the slip and fall occurred on a regular basis and were, therefore, foreseeable.
Your personal injury attorney will review your case to determine the best approach for pursuing the responsible and negligent parties.
What Kind of Evidence Do You Need in a Slip and Fall Lawsuit?
When pursuing a case involving a slip and fall, attorneys will gather a range of evidence including:
- Your medical records;
- Surveillance footage;
- Witness testimony; and
- Photographs of the location in question.
It’s vital that you take action promptly; otherwise, you may lose some of the most valuable pieces of evidence, such as surveillance footage (which can be intentionally taped over by property owners or accidentally taped over if the security system records on a short loop). Witness testimony can also become less detailed when a statement is collected days, weeks or months after the incident in question. The most detailed, compelling witness statements are made shortly after the accident occurs.
What Should I Do if I’m Involved in a Slip and Fall Accident?
If you’re involved in a slip and fall it’s important to seek out medical attention immediately so you can tend to your injuries, which hold the potential to be quite serious. Cuts, broken bones, back injuries and even brain injuries can occur, making this type of premises liability case extremely serious for many victims.
If possible, photograph and/or videotape the scene. This evidence, collected in the seconds and minutes after the accident, can be extremely valuable in your case. You should also clearly document your injuries with photographs, video and using a journal. A journal is especially important for documenting your doctor’s visits, physical therapy appointments, your day to day symptoms and how your injury is impacting your life on a daily basis.
While you’re still at the scene, get the name and contact information of anyone who witnessed your fall and the floor conditions that contributed to the mishap. These witnesses can offer valuable testimony in your case, but it can be challenging to track down witnesses after the fact.
It’s wise to contact one of our Orlando slip and fall lawyers immediately after the accident, as your lawyer will immediately get to work on your case. One of the most important things is to secure the surveillance footage of the slip and sink. Many closed-circuit surveillance systems record on a loop, so in time, the vital footage may be over-written.
In cases where the surveillance footage implicates the business, it’s possible that the establishment may want it to “disappear,” so the sooner you take action, the better your chances of recovering key evidence.
Our Team of Top Florida Attorneys Can Help With Your Slip and Fall Lawsuit
A lawsuit can serve as an effective mechanism for getting the compensation you deserve for your pain, suffering, medical bills, lost wages and other losses. But time is critical in your case, as essential evidence is best recovered in the hours and days following the mishap.
In addition, the law places a limit on how long you have to file a legal claim. So it’s essential that you contact our team as soon as possible to discuss your case. When you trust your lawsuit to the Law Office of Hogan & Hogan, P.A., you’ll enjoy our “clients first” approach, which is designed to reduce the stress you experience when filing a claim to recover compensation for at least some of your losses.
In addition to helping you determine liability and then pursuing the liable property owner in a slip and fall case, our law firm can also assist with other case types, including medical malpractice claims, auto accidents, personal injury claims, wrongful death cases, dangerous drug claims, product liability cases and beyond.