Slip and fall cases can be hard to win. Sometimes, the insurance company is resistant to paying out your claim fairly. They could say that their policyholder isn’t responsible, that you weren’t careful, or that your injuries aren’t as serious as you’re making them out to be. That’s why it’s vital that you gather robust evidence to demonstrate the property owner’s negligence led to your slip and fall.
A Florida slip and fall lawyer at our firm can take the headache out of going back and forth with the insurance company. We can shoulder the burden of managing and building your case so you can concentrate on healing from your injuries.
What it Takes to Win a Slip and Fall Case
To win a slip and fall case, you must establish that there was a dangerous condition on the premises. You also need to show that the property owner was notified but failed to respond appropriately or in a timely manner. Common hazards that cause slips and falls include:
- Uneven surfaces
- Wet floors
- Broken sidewalks
- Loose carpeting or floorboards
- Cluttered hallways
- Poor lighting
- Exposed wiring
It is a property owner’s responsibility to remove the hazard right away. If they’re not able to for whatever reason, they must post signage warning patrons to proceed with caution. If they don’t and you get hurt, you can hold them accountable for their inaction.
Your word is valuable, but it’s not enough to convince the insurance company to reimburse you for the damages you incur. You must substantiate your claims of negligence with proof, such as:
- The incident report that documents the details of the event
- Pictures of the hazardous condition, any signage posted, and the area in which the fall occurred
- Video surveillance that recorded the slip and fall
- Statements from witnesses
- Your medical records and bills
Your Slip and Fall Injuries Can Affect Your Settlement
Usually, the more severe your injuries are, the more compensation you are entitled to recover. Slip and fall victims may suffer from:
- Traumatic brain injury (TBI)
- Lacerations and contusions
- Pelvic or hip fractures
- Hand or wrist injuries
- Facial fractures
- Spinal cord injuries
- Soft tissue injuries
The insurance company wants to protect their bottom line, so if they have to pay a lot of money to cover your medical bills and other losses, they may be more hesitant. For that reason, the more severe your injuries, the more complex—and more difficult to win—your case may be.
There are a couple of things you can do to show that your injuries were a result of the property owner’s negligence and that the owner owes you compensation:
- See a doctor right after the incident. That way, you can draw a direct line between the event and your injuries. In addition, and most importantly, you can begin treatment right away,
- Stay on top of your treatment. Follow up with your doctor, and don’t stray away from their plan for you. Only stop seeing them when they have released you from their care.
Getting prompt medical attention conveys the severity of your condition. The insurance company will then have less of a reason to reject or delay your claim.
Going Up Against Insurance Companies in a Slip and Fall Case
After you’ve built your case, you would request a settlement amount from the insurance company. They might honor that figure and pay it out to you, but that outcome is rare. What usually happens is that the adjuster will offer an amount that doesn’t cover the full extent of your losses. In that case, you would enter into negotiations and go back and forth until you reach an agreement.
Most of the time, slip and fall cases settle out of court. The insurer usually wants to avoid a trial because it’s time-consuming, expensive, and requires a lot of preparation. However, when they won’t offer you a reasonable amount, going to trial might be the best route to compensation.
Missing the Filing Window Could Make it Hard to Win a Slip and Fall Case
Florida imposes strict deadlines on slip and fall lawsuits. Per Florida Statutes § 95.11, there is a two-year limit on bringing your case to court. If you try to file suit after two years have passed, you might not be allowed to proceed. You could even lose leverage for obtaining a fair settlement from the insurance company.
The sooner you start your case, the better chance you have of meeting the deadline. A Florida premises liability attorney with our firm can assist you with this task.
Our Lawyers Can Help You Win Your Slip and Fall Case
It’s hard to win a slip and fall case when you don’t have a background in law and you’re in pain from your injuries. The good news is that you can hire legal representation to take on the following responsibilities while you rest:
- Speaking to the insurance company and other relevant parties
- Identifying the other party’s negligent actions
- Compiling various types of evidence to prove your case
- Building and filing your insurance claim or lawsuit
- Taking on the insurance company during settlement negotiations
- Going to trial if the situation calls for it
You can be as involved in your case as you wish. We will keep you posted on how your case is going so you always know how it’s progressing. Our lawyers will also answer all your questions and quickly return your calls and emails, so you never have to wonder and wait.
Our attorneys offer all these services on a contingency-fee basis, so you won’t be charged a dime unless and until we procure a settlement or trial verdict for you.
Call Rosenberg & Rosenberg After Your Slip and Fall
No matter how hard it seems to win your slip and fall case, our lawyers can fight for your rights. We are a firm founded on the principles of a love for community, a desire to help others, and hard work. You can learn more about the ways we can advocate for you during a free consultation. Call Rosenberg & Rosenberg today.
