Do I Have a Case if I Slip and Fall and Get an Injury?
Slipping and falling may sound harmless enough, but it is actually not only one of the most common kinds of accidents out there but also one of the most dangerous. If someone else’s negligence causes you to be injured in a slip and fall accident, obtaining the compensation that covers your damages in their entirety can make an important difference in your ability to heal fully. If a slip and fall accident that was caused by someone else’s negligence leaves you injured, it’s time to consult with an experienced Florida slip and fall accident attorney.
According to statistics forwarded by the National Floor Safety Institute (NFSI), dangerous slip and fall accidents happen far too often and are exceptionally dangerous. Consider the following:
- Falls are the number one cause of visits to emergency rooms, accounting for more than 8 million such visits each year in the United States. Slip and falls specifically account for 12 percent of these total visits (at 1 million visits each year). By comparison, car accidents lead to about 11.9 percent of annual visits to the ER.
- Every year, floors and floor coverings play a critical role in more than 2 million fall injuries.
- Almost a quarter of all slip and fall accidents result in more than 31 days lost from work.
Slip and fall accidents are a very real danger.
The Elements of Your Slip and Fall Claim
In order to bring a successful slip and fall claim, you must demonstrate that several critical elements apply.
Duty of Care Owed to You
When you head out to conduct the business of your day, the last thing on your mind is slipping, falling, and being injured as a result of a commercial property owner’s negligence. The fact is that commercial property owners owe their guests, customers, clients, and other visitors a legal duty of care – or responsibility to safety – that extends to maintaining the premises in the reasonably safe condition that other commercial property owners reasonably maintain in similar situations. When you lawfully enter a commercial establishment, you are owed this duty of care, and this element is met.
Duty of Care Breached
The second element of your slip and fall claim is proving that the duty of care owed to you was breached. This means that the commercial property owner or manager failed to live up to or uphold the duty of care that was owed to you. For example, if you enter a store in which a tripping hazard exists that the property owner either knew about or should have known about but failed to address in a timely manner and you slip and fall as a result, the duty of care owed to you was likely breached.
The next element in the lineup is proving that the property owner or manager’s negligence (or breach of his or her duty of care) was the cause of your slip and fall accident. Negligence alone is insufficient – it must directly correlate with your slip and fall accident.
You Suffered Legal Damages
Finally, you must be able to show that the slip and fall in question caused you to suffer covered damages, such as:
- Medical costs
- Lost earnings
- Pain and suffering
Ensuring that your complete damages are well represented in your slip and fall claim is an essential component of your ability to obtain the compensation to which you are entitled.
Your Medical Costs
If your injuries are very serious, your medical expenses may show no sign of letting up and can include:
- Emergency care and transportation
- Surgical care and aftercare
- Medical treatments, procedures, and tests
- Pain management
- Medical care from doctors and specialists
- Prescription medications
- Home health care
- Adaptive physical devices
- Physical therapy and/or occupational therapy
While you attend to your physical injuries and the healing process, you’ll very likely need to be off the job, which translates to lost earnings. If your injuries are serious and affect your ability to do your job, this loss can extend to a loss of earning potential, which makes the financial burden that much more difficult. If your career defines you in a significant way, there can also be an emotional component to your loss.
Pain and Suffering
Although you cannot see your physical and emotional pain and suffering and cannot attach an obvious price to it, this category of damage can be exceptionally difficult to overcome and should not be discounted. Some of the symptoms associated with this psychic pain include:
- Severe mood swings
- Sleep disturbances, such as insomnia, nightmares, and/or night terrors
- Increased anxiety, which can include anxiety attacks
- Depressive episodes
- PTSD-like symptoms
- Difficulty controlling one’s emotions
- A tendency to isolate oneself and to turn a shoulder to offers of support
- Difficulty concentrating
- Abrupt changes in personality
The most common injuries to slip and fall accidents are broken bones, which are exceptionally painful injuries that are also very slow to heal. If the break is complicated, it makes the healing process that much more challenging, and when such a break heals incorrectly, it can lead to chronic pain and permanent disability. Other injuries that are frequently caused by slip and fall accidents include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Soft tissue injuries
- Serious cuts and abrasions (that can be permanently disfiguring)
Reach out to an Experienced Florida Slip and Fall Accident Attorney for the Legal Help You Need
The distinguished slip and fall accident attorneys at Iscoe Law Firm – proudly serving Miami, West Palm Beach, Palm Beach County, Fort Lauderdale, and Broward County – dedicate their practice to helping clients like you prevail with just compensation that addresses their complete damages. Because your case is important, we’re here for you too and are available to pick up your call 24 hours of every day and 365 days of every year, so please do not hesitate to contact or call us at 800-800-6500 today.