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Lawyer in Miami Beach Juan Cordero Lawyers
1666 79th Street Cswy, Miami Beach, Florida 33141, United States
Tel. 305.525.8957 Open 24 hours
Miami Slip and Fall Lawyers
It’s funny when a kids movie character slips something and falls onto his back, feet in the air. It’s not so funny when it happens in real life to you or a family member. Unfortunately, lots of people are injured in slip trip and fall accidents every day. In fact, slip trip and fall injuries account for nearly one in seven accidental deaths, comparable to car accidents.
If you have suffered a Miami slip and fall accident that was someone else’s fault, you probably have a slip and fall claim. You should know that the state of Florida allows you to be compensated for all of the losses you suffered (not necessarily limited to your medical bills).
There are a hundreds ways to suffer a slip trip and fall accident. Some of the most common are listed below:
· You slip from a scaffolding at a construction site
· You fall down while trying to escape from a dog that is chasing you
· A stairwell railing collapses while you are walking down a stairwell
· You slip on a wet floor in the produce aisle of a grocery store
· You slip on an oily or soapy pavement in a parking lot
· You slip on a item left on the floor at shopping center
The key to victory when something like this happens is to identify how the accident happened, take pictures, take names of witnesses, report it to establishment, that way you can see who caused the negligence, and who is responsible.
To secure compensation for a slip and fall accident, you will need to identify the appropriate defendant and select the law under which you will seek compensation. Most slip and fall accident victims seek compensation on one of the following bases:
· The workers’ compensation system: Workers’ compensation applies when you are injured on the job. Its big advantage is that you don’t have to prove that your employer was at fault to win. Its big disadvantage is that you cannot pursue damages for pain and suffering. Not all workplace accidents are subject to workers’ compensation rules, however.
· Premises liability law: If you are injured by a dangerous condition on premises that belong to someone else — a shop owner or the owner of a private residence, you can pursue liability under premises liability law. A property owner is responsible for keeping his property safe for visitors.
The slip and fall accident lawyers at Juan Cordero Lawyers can negotiate with workers’ compensation representatives, insurance companies and property owners to resolve your claim at the settlement table instead of the courtroom. If push comes to shove, however, we are ready to fight it out in court — and our stellar courtroom track record proves that we mean business.
The job of a personal injury lawyer is more than just seeing to it that you are reimbursed for your medical bills.
· Medical expenses: You are entitled to reimbursement for all of your medical expenses — past, present and future. If you anticipate long-term future medical expenses, it is absolutely critical that you estimate them accurately so you will know how much to claim. We know exactly how to do this.
· Lost earnings: You may have lost significant work time during your recovery, and you may even discover that your injuries prevent you from returning to your old job. You are entitled not only to compensation for the work you missed, but also for any loss of future earnings all the way up to retirement.
· Pain and suffering and other intangible damages: You are entitled to compensation for your psychological suffering — pain and suffering, mental anguish, etc. This compensation could far exceed what you receive for medical expenses.
· Punitive damages: You might be eligible for punitive damages if the party responsible for your injury caused it by acting in a particularly outrageous manner.
Wrongful death law kicks in when someone dies from a slip and fall accident. Under Florida wrongful death law, the personal representative of the deceased victim’s estate files a wrongful death lawsuit in behalf of the victim’s close relatives and dependent family members. Compensation can be substantial.
Normally, the personal representative of the estate is named in the victim’s last will and testament. If there is no will (if the victim is a child, for example), the court will appoint a personal representative, typically from among the victim’s close relatives. Usually the majority of the survivors elect a personal representative to be the point person of the estate. This person can’t have a felony or they will be disqualified from being the Personal Representative. Furthermore, all children must have a guardian ad litem review, approve and write a report that must be approved by the Judge assigned in Probate Court before any case may be settled.
For an insurance company, premiums represent income, and slip and fall injury claims represent expenses. Since too many expenses means the insurance company goes bankrupt, don’t expect the insurance company to be friendly to your claim. Insurance company adjusters are professional negotiators, and their job is to whittle down the value of your claim or deny it altogether.
An insurance adjuster will do everything they can to reduce the claim in settlement negotiation. The slip and fall lawyers at Juan Cordero Lawyers know all of these tricks since we have ex Senior Litigation Insurance Adjusters on Staff. We get what you deserve or get a jury to award it to you in trial.
At our law firm, we don’t believe our clients should pay anything. We don’t charge by the hour – we charge by the results we achieve. We don’t charge up-front fees, and you will never owe us anything until and unless we win your case and your compensation has already arrived.
The Miami personal injury compensation system is competitive, and it is set up to reward people who aggressively pursue their claims. Miami slip and fall claims can get complicated, and you are going to need a team of skilled slip and fall accident lawyers to maximize your chances of victory. For a free consultation, call the slip and fall accident lawyers at Juan Cordero Lawyers today at (305) 525 8957 call 24 hours we are always open.
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Slip and fall or trip and fall accidents happen every day and they are especially troublesome because they can happen anywhere to anyone. According to the National Floor Safety Institute, falls account for over 8 million (23%) hospital emergency room visits, making falls the leading cause of ER visits. Just slip and falls account for over 1 million of those visits. A wet floor or a loose mat in a hotel, bar, grocery store, or shopping mall causes you to fall, and all of a sudden you’re injured, and your life and that of your family are forever changed.
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The most common types of incidents are:
· Elevator/escalator accidents
· Equipment malfunctions
· Improper or poor lighting
· Loose mats in entryways
· Elevator/escalator accidents
· Wet floors with no signs
What to Do After a Slip & Fall:
We know accidents can sometimes be embarrassing and that you may initially feel as if you’re not seriously injured, and/or that it was your fault, and you may want to move on quickly after your slip and fall. Unfortunately, that’s exactly what you shouldn’t do.
What you should do is:
· Get immediate medical attention if necessary
· Ask for a manager - file incident report - get a copy
· Get contact information of witnesses
· Use your cell phone to take pictures
Locations such as shopping malls, hotels, restaurants, grocery stores, movie theaters, and apartment or office building complexes all have a legal duty to make their premises safe from harm that is reasonably foreseeable.
· For example, if Publix leaves a pallet in the middle of an aisle and you trip over it, that’s foreseeable harm. However, if a hurricane suddenly and unexpectedly shakes the building and merchandise falls on you, that is unforeseeable, and the supermarket would not be responsible for your injuries.
Saying there was a violation of the duty of care is one thing; proving it is another. The law states that the injured party must prove that the injuries were caused by the negligence of the business or owner of the location in which the accident occurred. The gym, restaurant, building, retail shop, or supermarket in which you fell doesn’t need to prove anything. Unless you know what you’re looking for when trying to prove negligence, you could end up with nothing.
The good news is Juan Cordero Lawyers is here to help. We have decades of experience and the resources to prove your slip and fall was due to the negligence of others. Among the many ways we help you, we:
· Locate the insurance coverage and identify defendants
· Deal with the insurance company
· Gather and preserve evidence
· Stay apprised of your medical care and document damages
· Build your case to show how and why the defendant was negligent
Injuries can overwhelm your life, don’t let this happen. If you have been seriously injured as a result of slip and fall or trip and fall call Juan Cordero Lawyers injury lawyers today. We have offices across FL, or we'll come to you. We are here to answer your questions 24/7, nights and weekends. Remote and virtual appointments are available. No costs or fees unless or until you win money.
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Juan Cordero Lawyers Slip and Fall Lawyer
Florida has always been known for it's beautiful beaches and amazing tourist destinations but what people often don't know is that because it rains often in Florida people tend to fall from slippery surfaces. The people tend to fall in areas that are not properly maintained. The Florida laws governing such falls at Supermarkets, Shopping Centers, Apartment Complexes, Amusement Parks, Nightclubs ( Publix Target Walt Disney Universal Studios Sedanos Home Depot Lowes Sawgrass Mills Mall Dolphin Mall Outlet Mall South Beach Miami Beach Orlando Tampa Palm Beach Ft Lauderdale ) all state basically the same thing. The laws explains several elements that have to be fulfilled before your able hold a commercial establishment liable for injuries from a slip and fall. An experienced Slip and Fall Attorney in Florida knows exactly what needs to be demonstrated to get you the maximum amount for your damages. First the experienced Slip and Fall Attorneys at the Juan Cordero Lawyers Lawfirm know they have to clarify what the injured person was doing at the place that they slipped tripped and fell. This is called what status does the person injured have on the property. The two most common are 1. Business Invitee or 2. Trespassor. A business invitee is determined by what the person was doing at the business or establishment he fell at. For example, if a person goes to a Publix Supermarket and is walking down an aisle looking for his favorite brand of frozen pizza when out of no where he or she slips trips and falls. The person while on the floor immediately looks down and observes water comming from one of the freezers. The water looks like it is migrating slowly from the cooler at a very slow rate taking a substantial time for the water in which the person slipped on to puddle up and become a dangerous hazard. Moreover, the water that made the person slip trip and fall looked like it had been stepped on by countless other customers throughout the day. When a person is at a store that is open to the public and is there for the intended reason the store is open for he is a Business Invitee as stated above. When a person is a Business Invitee a Business Owner like Publix Target Home Depot Lowes Walmart owes them a very high standard of care. This standard of care is one that a business owner should do everything reasonable to keep it's location free from known dangers and hazards or dangers and hazards that they should have known if they would do periodic checks of their premises to insure none exist. In the before mentioned example it was a Publix Supermarket Freezer that had been leaking for a substantial amount of time. A reasonable store owner would have had their staff do periodic safety checks to insure all the aisles were clear and safe from said hazards. This is a classic failure in maintenance by a Supermarket that could have been prevented a serious injury from a Slip Trip and Fall from a leaking freezer or from standing water that could have been spilled by a previous customer. Because the business owner didn't keep his location / premises in a safe condition and the business invitee fell they are held liable or they are negligent for the persons fall and are responsible for his injuries. The other example of a person's status will be if the person is an uninvited guest or in legal terms a trespasser. A Slip and Fall Attorney from the Juan Cordero Lawyers Lawfirm is trained to distinguish between a business invitee and a trespasser. Furthermore, they are skilled in determining which duty of care is owed to each. A good example of a trespasser would be a person that wonders into an apartment complex were he knows no one and has zero business at said apartment complex. In complete difference to the business invitee an owner owes little to no duty to a trespasser on it's property. It is the little things that make a difference in premise liability law. If you or your family member have a slip and fall at a commercial establishment call the Slip and Fall Lawyers at Juan Cordero Lawyers for a free consultation today.
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Juan Cordero Lawyers Abogado Slip and Fall Lawyers
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En Wynwood los abogados de lesiones personales con experiencia en caídas y resbalones ayudan a las personas que hayan sido víctimas de este tipo de accidente en alguna propiedad privada o en lugares públicos como aceras y calles.
Si bien, los dueños de sus propiedades deben mantener sus pisos y escaleras limpias, bien iluminadas y sin imperfecciones para sus visitantes. En caso de tener algún defecto en el piso o escalera deben tener un cartel de advertencia que impida caminar por esa zona. Lo ideal es que los dueños o encargados de propiedades como centros comerciales, tiendas, restaurantes, oficinas, hoteles, casas y, los entes gubernamentales encargados de las aceras y vías públicas mantengan sus zonas libres de peligro para evitar accidentes de caídas y resbalones.
Cuando esto no se cumple, y una persona sufre lesiones en un accidente de caída automáticamente el dueño o encargado del lugar donde ocurrió el siniestro es responsable por su negligencia. De esta manera, la víctima puede demandar o realizar un reclamo para obtener una compensación monetaria que cubra sus daños y pérdidas. Pero, para lograr obtener esta indemnización se debe demostrar que el propietario o encargado fue negligente. Y que a causa de ello usted se resbaló y tuvo una caída que lo lesionó.
Para estos momentos es propicio contar con la asesoría total de un abogado. No solo para que les dé respuestas a todas sus dudas legales, sino también para buscar evidencia contundente, testigos, presentar la demanda formalmente y representarlo en su caso hasta que usted logre exitosamente obtener una justa indemnización.
Los accidentes de caídas y resbalones pueden causar lesiones menores y severas. Un gran porcentaje de estas lesiones dejan secuelas en las víctimas que deben ser tratadas con rehabilitación. Las lesiones más comunes incluyen:
· Contusiones
· Fracturas de huesos. Las más comunes son las fracturas de caderas, brazos y de la cervical
· Lesiones craneoencefálicas o neurológicas
· Cortes
· Hematomas
Las personas que sufren una caída por más simple que parezca siempre requiere que sea atendida por un médico. Puesto a que en cuestión de pocas horas pueden surgir lesiones neurológicas, parálisis de cualquier extremidad del cuerpo e incluso la muerte.
Por eso, es importante acudir rápido a un centro hospitalario para ser evaluado tras un accidente de caída. También es importante que las víctimas sepan que existe un estatuto de limitaciones en Florida para presentar demandas por lesiones personales. Es decir que, cuentan con un tiempo límite después del siniestro ocurrido, por eso es recomendable contactar a un abogado lo antes posible para presentar su demanda antes de perder este derecho.
Adicionalmente le recordamos que existen otro tipo de daños que usted podrá insertar en su reclamación; más allá de los físicos que usted o sus familiares hayan sufrido. Nos referimos a traumas o daños psicológicos, como la aparición de fobias, o hasta ansiedad a causa del accidente. Esto solo será posible si contrata un profesional con experiencia en Wynwood.
Contáctanos
Sin lugar a dudas, tener un accidente es sumamente grave y consternaste. Se trata de una situación inesperada que puede poner en riesgo la vida de usted y sus familiares. Debe saber que no siempre son su culpa, y que puede haber negligencia de un tercero de por medio. Eso significa que usted tiene derecho a recibir indemnización. Si es un caso específico de resbalones y caídas, ha llegado al artículo indicado, ya que le daremos toda la información necesaria.
Lo primero que debe saber es que según las estadísticas del Instituto Nacional de Seguridad de Pisos; ocurren al menos 1 millón de este tipo de accidentes al año. Aunque no todos implican negligencia ajena, si es cierto que una buena parte de ellos ocurrió por intervención de un tercero, o incluso descuido de empresas.
Por ende, son muchos los motivos por los que usted debe estar asesorado en el ámbito legal luego de una caída. Si tiene sospechas sobre una posible negligencia, no dude en contactar a un abogado especializado. Solo así, habrá mayor posibilidad de ganar el caso, ya que este conoce a gran medida los entresijos de las leyes en Miami-Dade, condado al que pertenece Aventura.
El abogado será su mano derecha para determinar que los daños sufridos en un accidente de resbalón, no fueron su culpa. Para ello recolectará pruebas asociadas al lugar de los hechos. Y es que, no solo pueden ocurrir en aceras, sino que también en centros comerciales, lugar de trabajo o dentro del hogar.
¿Pero cuáles son las principales causas para pedir una indemnización? Veamos algunas de ellas.
· Si el dueño o dueña del establecimiento incumplía con normativas de seguridad propias de un lugar comercial.
· Obstrucciones en el camino, pavimento roto, etc.
· Piso resbaloso sin la debida señalización.
· Escaleras construidas inadecuadamente.
Ahora bien, puede que usted haya tenido algo de culpa, pero no necesariamente la totalidad de la misma. En dicha situación, será el abogado quien determine cuanto será el monto que la contraparte deberá pagarle, a través de un baremo. Por lo tanto, no debe aceptar ningún tipo de compensación por más atractiva que aparente ser.
Cuando usted opta por un especialista legal, entonces tendrá quien lo respalde a la hora muchísimos procesos de los cual quizás no se percate. Por ejemplo, establecer comunicación con su aseguradora y la de la contraparte. Este tipo de empresas debe cumplir con todo lo establecido en la póliza. De lo contrario; también tiene el derecho de iniciar un proceso legal en su contra.
Además, es muy probable que luego del accidente de resbalón usted o sus familiares estén muy estresados, dando cabida a pérdida de la validez de pruebas. La ley de prescripción en Miami, y específicamente en Aventura estipula un total de 1 año para presentar la demanda, salvo algunas excepciones. Una de ellas, es que la victima sea menor de edad. ¡No debe irrespetar dichos periodos ya que podría quedarse sin indemnización!
Llame a juan cordero lawyers tel. 305.525 8957
Slip and Fall Lawyers in Aventura Juan Corderi lawyers
Contáctanos
Si ha sido recientemente victima de un accidente con caídas y resbalones, debe saber que puede que tenga derecho a indemnización. Si tienes sospechas sobre la intervención de algún tercero (ya sea persona u empresas) para que ocurriese el suceso, no dude en contactar a un abogado. Dentro del área de Coconut Grove, existen muy buenos despachos cuya experiencia le permitirá obtener un importe acorde a los daños sufridos (físicos u materiales). ¿Tiene más dudas sobre el tema? Acompáñenos a desglosarlo por completo.
Lo primero que debe saber es que nadie está exento de los accidentes. Pueden ocurrir en lugares públicos, privados o en su trabajo. Incluso existen casos de este tipo de sucesos en casa. Aunque la persona sea precavida, si hay intervención de un tercero y esto propició el infortunio, se le conoce como negligencia. En ese caso tiene la alternativa de presentar una demanda por lesiones personales.
En el caso especifico de las caídas, sucede de igual manera. Si hubo algún percance por parte de alguien más, entonces este ultimo por ley podría estar obligada/o a pagar sus gastos médicos y demás menesteres causados por el suceso. Y es que, aunque esto no reducirá la gravedad del asunto; si sabemos que puede ser un buen alivio, al menos en el ámbito económico.
Debe saber que, aunque un resbalón y caída aparente ser no tan dañino; la realidad es que puede ser el inicio de una serie de problemas en su vida. Algunas de las lesiones más comunes en este tipo de situaciones son:
· Latigazo cervical.
· Contusiones a nivel del cráneo.
· Torceduras, esguinces y fracturas.
· Lesiones graves que conlleven a pérdida de movilidad parcial o total.
Por ende, una caída con resbalón no debe tomarse a la ligera, y aun cuando no haya heridas aparentes, usted podría requerir tratamiento posterior. Lo primero que debe hacer es visitar a su médico y solicitar un informe. En segunda instancia, debe llamar a su abogado y explicarle cada pormenor del caso.
El abogado recolectará pruebas tales como grabaciones de cámaras de seguridad, solicitará el informe policiaco, entrevistará a testigos, o tomará fotografías a sus heridas. Cada detalle cuenta a la hora de efectuar una demanda, y lograr que un tribunal apele a su favor.
Por otro lado, en cuanto a la cantidad que usted recibirá por sus daños; esta dependerá de muchos factores. Es difícil decir de manera exacta o fija una cantidad en específico. Para determinarla, el abogado se valdrá de un baremo prestablecido en Coconut Grove, en donde se indica la cantidad a solicitar de acuerdo a la zona afectada, y la gravedad de la misma.
En el caso se toma como base todo daño físico, sus secuelas, y si ha causado otro tipo de situaciones negativas en la vida de la persona, como sufrimiento y dolor, traumas o fobias. Además, si la caída ha causado la muerte del individuo, la contraparte pagará gastos funerarios, y una compensación a la familia. La cantidad aumenta si se determina que era el único ingreso familiar, o si ha dejado hijos huérfanos
Juan Cordero Lawyers Abogado Slip and Fall
Juan Cordero Lawyers Abogado Slip and Fall Lawyers
Did you get hurt from a slip and fall accident in Florida? Were you injured or on a cruise ship or boat? If so, we want to represent you. At Juan Cordero Lawyers we’ve represented people who were injured in a slip or trip and fall cases, and other accidents at a premise, for over 23 years. If you or a loved one sustained an injury that was caused by negligence, our Florida slip & fall attorneys can assist you with taking swift legal action. With over 23 years of experience to our name, we are the kind of law firm you want on your side. Regardless of the severity of your injuries, we are determined to help you seek justice by holding the person or party responsible for your injury accountable. Should you choose to entrust your case to our firm, we will guide you through each step of the claims-filing process so that you never feel overwhelmed or confused. In an effort to provide timely and reliable legal assistance, we make ourselves readily available. Contact our Florida slip & fall attorneys today for skilled legal assistance.
In order to understand slip and fall cases, it is important to explain the basic principles and rules of law applicable to premises liability cases in Florida. These principles of law are used to determine the liability of owners or occupants of real property for negligence causing injury to persons or property by reason of defects therein or hazards created by the activities of such owners or occupants, or by their agents and employees. It is also important to understand the distinctions between invitees, licensees, and trespassers with respect to the legal duties owed to them. Persons who own or occupy premises may be liable for the injury to or death of a person on or near the premises that are under their occupation or control.
Premises liability is the name for the area of law that determines who will be responsible for your injuries when a person or company owns or is in legal possession of a piece of property. Liability, under a cause of action for premises liability, is based on the negligence of the property owner or occupant in allowing licensees and invitees to enter an area on the property, without warning, where that owner or occupant could foresee that such persons might be injured by a dangerous condition on the property that is not readily apparent. Next, the law differentiates between the types of persons who may be injured by a condition on a premise. The categories include trespassers, licensees, and invitees. A licensee is one who enters or remains for his own convenience or to advance his own interests, pursuant to the landowner’s permission or consent, and includes social guests and invitees. An invitee is one who transacts business in which the parties are mutually interested or when the public is expressly or impliedly requested or intended to enter or remain.
When an accident involves a slip and fall it is important to speak with a Miami slip and fall lawyer, people rarely react to it seriously and tend to laugh it off usually. People do not take them seriously, but it is these accidents which are the most common way how Americans are hurt every year. In most of the cases of slip and fall incidents, the damage or harm done is minor, but some major serious injuries can occur. In fact, millions of persons are injured each year from slip and fall accidents. These types of accidents can occur at any given time and is usually caused by the negligence of one or more persons. There are many types of conditions that exist on premises that can be dangerous.
More than one million people go to the emergency room each year for a slip and fall accident. The number of people who need emergency medical care because of a slip and fall accident is about one million every year. That comes out to be about 2,000 people per day in the U.S. Out of the almost 8 million emergency room visits that occur on a yearly basis, about 12% percent of those visits are due to slip and falls. According to the Center for Disease Control (CDC), falls are the leading cause of injury-related death among adults age 65 and older, and the age-adjusted rate of fall death is increasing. The ageadjusted rate of fall deaths is 62 deaths per 100,000 older adults and this rate is increasing. Fall death rates among adults age 65 and older have increased more than 30% from 2007 to 2016. The increase was observed in 30 states and the District of Columbia. The fastest growing rate was among adults aged 85 and older (4% per year).
Injuries sustained during slip and falls can range from mild to very severe. Some of the most common injuries stemming from Miami slip and fall accidents include:
· Shoulder injuries
· Neck injuries
· Cuts and abrasions
· Sprains and fractures
· Back and spinal cord injuries
· Broken bones
· Fractured bones
· Head injuries
· Soft tissue injuries
· Traumatic brain injuries
· Death
Persons sustain injuries all of the time due to another person’s negligence. When it occurs on someone else’s property, there is an added level of complexity in determining liability and proving your case to receive compensation from a homeowner, business owner, or government entity. It is important to point out that a trespasser may recover only for damages willfully or deliberately caused by landowners. A Licensee may recover only for damages caused by a landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner of ich the landowner actually knew; or a landowner’s unreasonable failure to warn of dangers not created by a landowner that are not ordinarily present on property of the type involved and of which the landowner actually knew. An Invitee can recover only for unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.
Individuals can sustain injuries in all types of locations and places. Oftentimes, persons have no idea who is responsible for maintaining the property where they sustained injuries. A landowner (or one otherwise responsible for the condition of premises) cannot avoid responsibility to injured parties by delegating its legal responsibilities to independent property managers. At the same time, however, in a landlord-tenant situation, absent some agreement to the contrary, the landlord is not considered to be the “person in possession” of the property, the tenant is entitled to possession of the leased premises to the exclusion of the landlord, and the landlord who has transferred that possession is not liable for injuries resulting on the premises. However, property owners or property management companies won’t always be on the hook when someone gets hurt. Whether you’re filing an insurance claim or a lawsuit, you’ll need to show that the property owner knew or should have known of the danger, the property owner did not take reasonable actions to remove the danger or protect others from harm, and If not for the property owner’s negligence, you would not be injured.
Additionally, the burden of proof lies with the plaintiff in premises liability cases. To elaborate, to be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true: the owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot, the owner of the premises or an employee must have known of the dangerous surface but done nothing about it, the owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
In a negligence case, the plaintiff must prove by competent evidence each material fact essential to recovery by a preponderance of the evidence. Specifically, to sustain a cause of action for negligence under Florida law, the burden of proof is on the plaintiff to establish that: (1) the defendant had a duty to protect the plaintiff; (2) the defendant breached that duty; and (3) the defendant’s breach was the proximate cause of the plaintiff’s injuries and resulting damages. An invitee must prove a breach of one of the duties owed to him or her in order to recover for injuries suffered from a dangerous condition on the property. There must be: (1) evidence so that the jury can conceptualize a standard of conduct such as that of a reasonable person possessing a similar property; (2) evidence with respect to the defendant’s actual actions, such as the extent and frequency of inspections of the property; and (3) a comparison of the actual conduct against the theoretical “reasonable” conduct.
Getting hurt in a slip and fall isn’t something that you plan for. When the unexpected happens, you may be scared and confused. While you want to do everything as right as possible after a slip and fall, you may not even know where to begin. What you do after a slip and fall can impact your ability to get a fair recovery for your losses. Here’s what to do after a slip and fall accident.
Visit a doctor immediately after a slip and fall so that you can get treated for your injuries and so that you can document your injuries in case the need for litigation arises at a later time. Going to the doctor right away prevents the other side from having any chance to say that you got your injuries in another way.
Make sure you know what caused your fall and try to figure this out immediately after your fall if possible. This is because the best time to investigate this is immediately after it occurs. Look around you. If you can pinpoint the cause of your fall, you can work backward to determine what the store owners and employees might have done differently to prevent the slip and fall from happening.
While the jury can listen to what witnesses have to say and visualize the scene, it’s more powerful if the jury can look at photos. Even if you’re not sure what you’re taking a picture of, take photos of the scene.
Witnesses are critical to verify your version of events. If your slip and fall happens at a business, other customers might be your best witnesses. When you work with a good slip and fall lawyer, they will follow up with witnesses quickly. They’ll ask them for a detailed statement in writing. If there aren’t third-party witnesses, you may still have a strong claim for recovery. However, having witnesses in your corner can prevent the defense from trying to deny your version of events.
It is the other side’s goal to pay you as little as possible. When you talk to the other party or their insurance company, they might take what you say out of context. They might also completely twist your words or claim that you said something that you didn’t say. When you work with an experienced attorney, they can handle the negotiations with the other side.
Slip and fall accidents are among the most common types of personal injury cases in Florida. If you have been injured in a slip and fall accident, it is important to understand your legal rights under Florida law. Slip and fall accidents can lead to serious injuries, they must be taken seriously. If you or someone you love slipped and fell on somebody’s property, they might be eligible to receive financial compensation so to be able to pay for the medical expenses, lost income or other things involved. Talking with an attorney may make it easier to get the money or other resources needed in order to make a full recovery, or as close to a full recovery as possible. Compensation may be available to help pay, both now and in the future, for lost wages and medical bills that were incurred as a result of the injury. Let the slip and fall accident attorneys at Juan Cordero Lawyers review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. For further information and proper legal advice, call the Miami slip and fall attorneys at Juan Cordero Lawyers for a free consultation.
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Juan Cordero Lawyers Slip and Fall
Florida has always been known for it's beautiful beaches and amazing tourist destinations but what people often don't know is that because it rains often in Florida people tend to fall from slippery surfaces. The people tend to fall in areas that are not properly maintained. The Florida laws governing such falls at Supermarkets, Shopping Centers, Apartment Complexes, Amusement Parks, Nightclubs ( Publix Target Walt Disney Universal Studios Sedanos Home Depot Lowes Sawgrass Mills Mall Dolphin Mall Outlet Mall South Beach Miami Beach Orlando Tampa Palm Beach Ft Lauderdale ) all state basically the same thing. The laws explains several elements that have to be fulfilled before your able hold a commercial establishment liable for injuries from a slip and fall. An experienced Slip and Fall Attorney in Florida knows exactly what needs to be demonstrated to get you the maximum amount for your damages. First the experienced Slip and Fall Attorneys at the Juan Cordero Lawyers Lawfirm know they have to clarify what the injured person was doing at the place that they slipped tripped and fell. This is called what status does the person injured have on the property. The two most common are 1. Business Invitee or 2. Trespassor. A business invitee is determined by what the person was doing at the business or establishment he fell at. For example, if a person goes to a Publix Supermarket and is walking down an aisle looking for his favorite brand of frozen pizza when out of no where he or she slips trips and falls. The person while on the floor immediately looks down and observes water comming from one of the freezers. The water looks like it is migrating slowly from the cooler at a very slow rate taking a substantial time for the water in which the person slipped on to puddle up and become a dangerous hazard. Moreover, the water that made the person slip trip and fall looked like it had been stepped on by countless other customers throughout the day. When a person is at a store that is open to the public and is there for the intended reason the store is open for he is a Business Invitee as stated above. When a person is a Business Invitee a Business Owner like Publix Target Home Depot Lowes Walmart owes them a very high standard of care. This standard of care is one that a business owner should do everything reasonable to keep it's location free from known dangers and hazards or dangers and hazards that they should have known if they would do periodic checks of their premises to insure none exist. In the before mentioned example it was a Publix Supermarket Freezer that had been leaking for a substantial amount of time. A reasonable store owner would have had their staff do periodic safety checks to insure all the aisles were clear and safe from said hazards. This is a classic failure in maintenance by a Supermarket that could have been prevented a serious injury from a Slip Trip and Fall from a leaking freezer or from standing water that could have been spilled by a previous customer. Because the business owner didn't keep his location / premises in a safe condition and the business invitee fell they are held liable or they are negligent for the persons fall and are responsible for his injuries. The other example of a person's status will be if the person is an uninvited guest or in legal terms a trespasser. A Slip and Fall Attorney from the Juan Cordero Lawyers Lawfirm is trained to distinguish between a business invitee and a trespasser. Furthermore, they are skilled in determining which duty of care is owed to each. A good example of a trespasser would be a person that wonders into an apartment complex were he knows no one and has zero business at said apartment complex. In complete difference to the business invitee an owner owes little to no duty to a trespasser on it's property. It is the little things that make a difference in premise liability law. If you or your family member have a slip and fall at a commercial establishment call the Slip and Fall Lawyers at Juan Cordero Lawyers for a free consultation today.
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