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Slipping and falling because of a foreign substance on the floor of a business, public place, or a residence can cause injuries ranging from a twisted ankle to brain damage. If a serious injury happens, a legal avenue may be available to pay for the resulting monetary damages.
To find out, contact an experienced Delray Beach slip and fall lawyer for a free, no obligation consultation to evaluate if a legal cause of action is warranted. With the help of a qualified injury attorney, you can see what you are potentially owed.
The attorney will work on contingency, which means the attorney’s fees are paid by a small percentage of the money awarded for damages, but if the case is not successful the fee is not charged.
Slipping and falling is caused by something slippery which can be a liquid or an object. Stepping and falling involves stepping into a hole or over a rough surface. Tripping and falling happens when there is a protruding object such as a raised edge of a sidewalk or walkway.
Florida has a specific section of law (Florida Statute § 768.0755) for slip and fall cases that reaches into premises liability and personal injury laws.
The person who slips and falls has the burden of proof to show that the owners or controllers of the place where it happened knew that the hazard was there but did nothing about it. For example, a wet grocery store aisle is a hazard, and if the manager was told about it but did not assign an employee to quickly clean the area the manager had “constructive knowledge” of the hazard.
Constructive knowledge is provable by circumstantial evidence that shows the dangerous condition existed for long enough that a person at the establishment should have used ordinary care for corrective action and the dangerous condition happened often so the danger was foreseeable.
Personal injury is harm caused by the negligence of another person or entity. This area of law falls under Florida’s comparative negligence standard, which reduces the amount a person who causes an accident can claim in damages. Negligence has elements that the injured person must prove:
A Delray Beach slip and fall attorney can speak more towards what goes into proving negligence.
Taking legal action is to achieve a monetary award that will pay for the various losses that occurred, including:
In situations that exacerbate a previous injury, it may also be listed as damage under the “eggshell plaintiff” rule.
In Florida, someone who is injured in a slip and fall incident has two years to sue for damages.
A Delray Beach slip and fall lawyer will try to protect a person’s legal rights and stand up to companies and governments that will try to contest the fault of the slip and fall or limit damages. The first step is sending the offending party a letter demanding damages. If that is rejected, the attorney will file a lawsuit.
As many slip and fall cases are settled rather than going to trial, a Delray Beach slip and fall lawyer from Kogan & DiSalvo will try to negotiate a fair settlement that covers the injured party’s related bills and distresses.
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Brian is very professional, 1 of 1, He defends his clients like no other, And gives you honesty and transparency through the whole process.
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I want to thank Brian M.Andino and his associates for working so hard on my case for the past six months. This was a two year long process and he brought it to a successful conclusion!!
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Rodney Moore
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
P Fontenay
I am so so grateful for the team at this office. They made things go smoothly and saved me a lot of headache dealing with the insurance and bills that came with my injury. I was really surprised with the amount of money I received. I highly recommend Kogan and DiSalvo to anyone who needs a PI lawyer. Thank you very much for helping me
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Ricky Fulk
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
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Amanda and the rest of the team at Kogan and Disalvo are incredibly compassionate and they’re able to listen to what you truly need and are able to get results I couldn’t ask for a better Law Firm to represent me and my personal matter and recommend anybody else who needs someone for personal injury attorneys to definitely give them a call they are incredibly client focused and very driven to get results I couldn’t ask for a better experience
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Wonderful people!! For sure will recommend to all my friends and family. Thank you!
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Honest, dedicated, and go above and beyond for their clients.
Christina Lowe
It is such a relief to have injury lawyers like these here in West Palm Beach.I always know who I can rely on if I am ever injured.
Kevin Smith
Amazing attorney very responsive and friendly
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