One of the most common causes of personal injuries is slipping and falling, which can happen almost anywhere and cause serious harm. Those hurt by slipping and falling while on someone else’s property need the services of an experienced attorney to recover damages. A Broward County slip and fall lawyer can help acquire compensation for the expenses that occur.
To learn if a valid case exists, simply arrange for a free consultation without any obligation. A qualified personal injury attorney from Kogan & DiSalvo has experience with slip and fall cases in Broward County and can weigh the circumstances to determine the best course of action.
Florida’s slip and fall statute is based on negligence and premises liability. Negligence is doing something that a prudent person would not do, or not acting when a prudent person would act. Premises liability places responsibility on landowners for persons injured while on land or premises in certain situations.
To prove negligence, the injured party must prove the property owner had a duty of care toward the injured person and that the property owner acted in a manner that breached that duty. The breach caused an injury and resulted in monetary damages.
Florida’s modified comparative negligence doctrine holds everyone who had some fault in the accident financially responsible. A jury determines the percentage of fault and damages are reduced by that percentage, up to 50%. If a plaintiff is found 51% or more at fault, they are barred from recovery entirely.
Under premises liability, the injured person must prove that the property owner or controller knew that the hazard that caused the injury existed, called constructive knowledge, but did not correct it. If the hazard was not known, there is no liability.
The most common injures in slip and fall accidents range from twisting an ankle, knee, hand or wrist to fracturing a leg or arm to far more complicated injuries such as dislocating the shoulder and stretching or tearing nerves, called brachial plexus.
The Centers for Disease Control (CDC) reports that 95 percent of hip fractures are caused by falling, mostly by falling sideways. Women fall more often than men, suffering 75 percent of hip injuries and more women have osteoporosis, which weakens bones.
The most serious injuries happen to the spinal cord and back, damaging the vertebrae or causing a herniated disc. Injury to the spinal cord can cause varying degrees of paralysis.
Head injuries from slipping and falling can cause traumatic brain injuries. These result in harm ranging from concussions to impairment, with possible seizures and changes in a person’s mood.
Individuals who are harmed in a slip and fall incident must bring legal action within two years from the date the injury happened or, because some injuries do not immediately reveal themselves, when medical concerns are discovered. Failing to sue for damages within that time limit prevents the harmed person from ever suing for that injury.
If you are suffering injuries due to someone else’s negligence, you should consult a Broward County slip and fall lawyer from Kogan & DiSalvo to ensure you receive the compensation you deserve.
Personal injury lawyers do not require any money to begin the case or to work on it as it moves through the legal system. Attorney fees are paid from the compensation the lawyer wins for the defendant. Should the case be lost, the attorney does not charge a fee. This is called working on contingency.