Fort Lauderdale Premises Liability Lawyer

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Experienced Legal Representation for Premises Liability Cases in Fort Lauderdale, Florida

Whether you slip and fall while running errands or a falling product hits you at the local grocery store, a property owner’s negligent actions can lead to injuries. Our Fort Lauderdale premises liability lawyers can pursue justice on your behalf when that happens.

Injuries from premises liability accidents can leave you scrambling to afford medical care alongside other financial responsibilities. The Fort Lauderdale personal injury attorneys at Rosenberg & Rosenberg can seek fair compensation for what you have endured. For over 50 years, we’ve helped the wrongfully injured fight back against aggressive insurance companies. Contact us today for a free case review.

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    What Compensation Can a Fort Lauderdale Premises Liability Attorney Recover for You?

    Depending on the type of premises liability accident that you suffer, you may have serious injuries. For example:

    • Slip and fall injuries can leave you with spinal cord injuries, which can lead to paralysis
    • Dog bites can cause lacerations that result in infections and severe scarring
    • Falling objects can cause traumatic brain injuries, which result in cognitive function issues

    Depending on your injuries, you may have extensive medical costs, be unable to work, or require long-term care. Our Fort Lauderdale premises liability lawyers can carefully assess the scope of your losses so we can advocate for the maximum compensation allowed.

    You may be able to recover compensation for:

    Medical Expenses After a Premises Liability Accident

    The medical expenses related to your injuries can be financially devastating. You may be eligible to recover the costs of surgeries, doctors’ appointments, emergency room care, physical therapy, long-term care, and more.

    Job Losses Due to Your Injuries

    If your injuries prevent you from working, the loss of your income can be overwhelming. Fair compensation accounts for lost wages, loss of job benefits, and diminished earning capacity if you are unable to ever return to work.

    The Physical and Emotional Costs of a Premises Liability Accident

    Fair compensation also accounts for losses that don’t have direct financial costs. These include pain and suffering, emotional distress, and loss of enjoyment of life.

    Why Choose the Lawyers at Rosenberg & Rosenberg?

    The process of recovering compensation and getting justice after a premises liability accident can be complicated and emotionally stressful. However, when you hire an attorney, we will take on the legal process for you so you can focus on your recovery instead.

    At Rosenberg & Rosenberg, we treat clients like family. We take the time to get to know you and to understand how the accident has affected your life. That way, we can craft a customized legal solution for your case. We’ll keep you updated throughout the process and ensure that your questions are addressed promptly.

    Our Fort Lauderdale premises liability lawyers can:

    • Handle all paperwork and communications
    • Investigate your accident to prove liability
    • Negotiate with insurance companies
    • Advise you on settlement offers you receive
    • File any necessary appeals
    • Take your case to court if necessary

    Our client testimonials speak to our helpfulness and caring attitudes when it comes to our clients. Our dedicated legal team is ready to fight for you.

    Who Is to Blame in Fort Lauderdale Premises Liability Cases?

    Determining whether someone was negligent involves your fall accident lawyer proving that four key criteria have been met. These are:

    • Duty of Care: The property owner owed you a duty of care. For example, a store owner is responsible for keeping their store well-lit, reasonably clean, and safe from dangers.
    • Duty of Care Breach: The property owner breached their duty of care. For example, a restaurant is notified that there is a spill, but they fail to clean it up in a timely manner.
    • Causation: The property owner’s actions directly led to your injuries. For example, an unleashed dog on the property bit you.
    • Damages: The action also directly led to you suffering provable losses. For example, an object fell and hit you, which caused a concussion. You have the medical records to show your diagnosis and personal testimony regarding the physical and emotional pain the injury caused.

    How Does a Fort Lauderdale Premises Liability Lawyer Prove Negligence Occurred?

    To prove that the four criteria of negligence were met, your Fort Lauderdale lawyer can thoroughly investigate the accident. Our investigation will involve gathering evidence that helps support your claim. Every case is unique: proving negligence in a slip and fall will be different from proving negligence in a swimming pool accident. However, helpful evidence may include:

    • Video Footage and Photographic Evidence: The availability of video evidence has become more and more likely. There may be surveillance footage from store security cameras or cell phone footage from a witness which can confirm your version of events.
    • Witness Statements: Eyewitnesses, such as other customers or employees, may be able to offer impartial accounts of what happened.
    • Safety Reports: If the store has a history of complaints or incidents, our legal team may be able to obtain these reports.
    • Incident Report: The report detailing your accident can be helpful evidence. If the Fort Lauderdale Police Department was called, a police report may also be available as evidence.
    • Expert Testimony: In some cases, it may be helpful for your lawyer to consult with an expert, such as an accident reconstructionist.

    Some evidence may be time-sensitive, such as a witness’s memory of the event, so it is vital to begin investigating as soon as possible. Contact Rosenberg & Rosenberg to get started on your case right away.

    What Florida Laws Affect Fort Lauderdale Premises Liability Cases?

    Premises LiabilityIn addition to the timeliness of some evidence, you need to move quickly due to Florida’s statute of limitations. Under Florida Statutes § 95.11, you generally only have two years to file a personal injury lawsuit. If a loved one lost their life due to an accident, wrongful death lawsuits also fall within this time limit.

    Your Fort Lauderdale premises liability attorney will move quickly once hired and ensure that your case meets all required legal deadlines.

    Other Florida laws which may impact your ability to recover compensation include:

    Modified Comparative Negligence in Premises Liability Cases

    Under Florida law, if you are more than 50 percent or more at fault for your accident, then you are unable to recover compensation. However, if you are less than 51 percent at fault, then you can recover compensation at an amount that is reduced by your percentage of fault. For example, if you had $100,000 in losses but are 30 percent at fault, you can only recover $70,000.

    Insurers may try to use this law to argue you were more at fault than you were so they can offer a lowered settlement. Our trip and fall lawyers combat these tactics with evidence to protect your legal right to fair compensation.

    Premises Liability Cases Where a Spill Is Present

    If your accident was caused by slipping on a substance on the floor of a property, then an additional law may apply to your case. In Florida, when a “transitory foreign substance” is involved, the injured party, with the help of Rosenberg & Rosenberg, must  prove that the property owner knew about the dangerous condition but did not attempt to remedy it, or that the condition had existed for a long enough time that they should have known about it.

    What Should You Do if You’ve Been Injured on Someone Else’s Premises in Fort Lauderdale?

    If you’ve been injured, your priority should be your health. However, if you are able to do so, there are some actions you can take after a fall to help protect your legal rights:

    Seeking Medical Attention for Your Fall

    First and foremost, always seek medical attention after an injury. Early diagnosis and proper treatment can significantly improve your chances for a full recovery. If you have slipped and hit your head or back, wait for a medical professional to assess your injuries before moving.

    Reporting the Premises Liability Incident

    Creating a chain of evidence for your claim is vital. Report the incident to the correct authority. If you are in a store, for example, then you should report the accident to a manager or supervisor. If you were bitten by a dog, then you should call animal control.

    Documenting the Premises Liability Incident

    Take photos of the accident scene, such as any absence of caution signs, and of your visible injuries. Our premises liability lawyers in Fort Lauderdale can use these photos to support your injury claim.

    Continuing Medical Care After the Fall or Other Injury

    If your doctor creates a treatment plan, ensure that you follow it. Failure to do so, or delaying doing so, may be used against you by insurance companies. They may argue that you didn’t follow the treatment plan because your injuries were not as severe as you have claimed.

    Avoiding Speaking With Insurers With Our Attorneys Present

    Let’s say you are recovering in Broward Health Medical Center. You are in pain and feeling emotional about what you’ve suffered. At this sensitive moment, an insurance adjuster may try to speak with you about the accident. They may try to get you to admit fault or use your words against you later.

    Instead of talking with them while vulnerable and alone, wait until your fall injury lawyer can be present or direct the adjuster to speak to Rosenberg & Rosenberg instead.

    Affording a Fort Lauderdale Premises Liability Attorney

    After an injury, you may be contending with medical bills and lost income alongside your everyday living expenses. You may be worried that the cost of legal representation will increase your financial burden. Our personal injury attorneys work on a contingency-fee basis because we know that everyone deserves legal help.

    Contingency fees refer to fees only paid if your legal team succeeds. So, if we cannot recover compensation, you will owe us nothing. There are no upfront costs for hiring us.

    Frequently Asked Questions About Fort Lauderdale Premises Liability Cases

    The premises liability claim process can seem confusing. Below, Rosenberg & Rosenberg will answer some commonly asked questions.

    Does Premises Liability Apply to Private Property?

    Yes, the owner of private property can be held liable for your injuries. As with commercial properties, though, you must be on the property lawfully. 

    Will My Slip and Fall Case End Up in Court?

    Whether your case ends up in court will depend on the success of negotiations and what your lawyer considers the best option for recovering fair compensation. However, many premises liability cases are settled out of court.

    What if the Insurer Denies My Premises Liability Claim?

    If your claim is denied, our slip and fall lawyers can file an appeal that addresses the reasons for the denial. For example, if the insurer stated that insufficient evidence was provided in the initial claim, your lawyer may do further investigation into the accident.

    Will Slip and Fall Compensation Cover My Future Needs?

    Fair compensation should account for future losses you expect due to your injuries. For example, if you will need long-term assistance to complete daily tasks, then our attorneys in Fort Lauderdale can fight for compensation that covers these needs.

    In some cases, your attorney may consult with medical or financial experts to prove the long-term impacts of your injuries.

    What if I Get a Lowball Premises Liability Settlement Offer?

    You are under no legal obligation to accept a settlement offer. In fact, insurers will often offer a low settlement the first time in hopes that a financially desperate victim will take it. Rosenberg & Rosenberg’s premises liability attorneys can advise you on any offers you receive and re-enter negotiations if a settlement does not meet your financial needs.

    Contact a Fort Lauderdale Premises Liability Lawyer

    If you’ve been injured in a slip and fall accident, dog bite attack, or other premises liability incident, you shouldn’t have to face big companies and insurance providers on your own. Our Fort Lauderdale premises liability attorneys can take on your case so you can have the peace of mind you need to heal.

    At Rosenberg & Rosenberg, we know how stressful the aftermath of an accident can be. We can advocate for you throughout the hardship and uncertainty that you’re facing. Our legal team will give your case the attention it deserves. Contact us today for a free initial consultation.