Vero Beach Slip and Fall Lawyers
Vero Beach, FL
Every year, more than 7.9 million people in the United States are rushed to emergency rooms after they fall. Many of these accidents occur because of dangerous conditions on other people’s properties. Property owners have a legal duty to keep the property safe and can be held liable when they fail to uphold this duty.
If you slipped and fell on someone else’s property, Gould Cooksey Fennell Law Firm can review your case during a free, no-obligation consultation. Contact us today to learn more about your legal rights and options.
Who Is Responsible for My Slip and Fall Injury?
Negligent property owners are usually held legally liable for slip-and-fall injuries. They owe a duty to keep the property safe and prevent injuries. If careless property owners fail to correct a hazardous condition or warn guests of it, they can potentially be held liable for the resulting injuries.
Parties who occupy a space may also be held responsible for the property. For example, some business owners rent commercial space. If a customer is injured while in the space, the business owner may be responsible for the injuries. The same concept applies to someone who rents private property, such as if you are injured while visiting a friend in their apartment.
Other parties may be responsible, depending on the circumstances. For example, property management companies may take on the legal responsibility of maintenance. Product manufacturers may be responsible for devices that leak and cause slips and falls.
Our attorneys can investigate your case and determine all potentially liable parties.
What Do I Have to Prove to Win My Slip and Fall Claim?
Slip and fall cases are usually based on premises liability and negligence principles. To have a successful claim, you must be able to establish the following legal elements:
Duty of Care
Property owners owe a duty of care to keep their property safe. The specific level of care that is legally required depends on the visitor’s status. For example, the legal duty that a property owner or occupier owes to a business customer (invitee) is much different than the duty they owe a trespasser. A different duty of care applies to social guests or licensees.
Breach of Duty
A breach of duty is what the property owner or occupier did that failed to uphold the duty of care. This could be something the property owner did or failed to do. Employers are responsible for the negligent actions of their employees, such as failing to clean up a spill or inspect the property as required.
Knowledge
You must also be able to show that the property owner knew about or should have known about the hazardous condition.
Causation
You must be able to show how the defendant’s breach of duty of care directly resulted in the slip and fall accident.
Damages
Finally, you must show that the slip and fall harmed you. For example, you may have suffered injuries or incurred medical expenses due to the injury.
What Financial Compensation Can I Recover Through a Personal Injury Claim?
Slips and falls can cause debilitating injuries. Victims may suffer physically, emotionally, and financially due to these injuries. Your compensation claim may demand payment for the following:
- Past and current medical expenses
- Medical care you may need in the future
- Lost wages
- Reductions in permanent earning capacity
- Personal property damaged in the accident, such as a cell phone
- Pain and suffering
- Emotional distress
- Disability and impairment
- Reduced quality of life
When you hire an experienced personal injury lawyer, you can trust that we will fight for maximum compensation.
How Can a Slip and Fall Lawyer Help Me?
Injuries from falls can disrupt your life. You may be struggling to manage multiple medical appointments, coordinating your return to work, and trying to manage your day-to-day responsibilities, all while suffering from life-altering injuries. A personal injury attorney can do the following to help with your slip and fall claim:
Explain Your Legal Rights and Options
An experienced personal injury attorney can review your situation and determine the parties responsible for your injuries. They can use their extensive knowledge of premises liability and tort laws to identify the legal theories for pursuing compensation. Your attorney can explain your rights based on your particular situation and your legal options.
Investigate Your Case
An accident attorney will need to be able to show the property owner or occupier was negligent. This will usually require an in-depth investigation into the factors involved in your case. An experienced attorney can identify, gather, and preserve valuable evidence in your case, such as:
- Accident reports
- Medical records
- Witness statements
- Photos of the accident scene
- Maintenance records
- Surveillance footage
Provide Sound Legal Advice
As your slip and fall accident claim progresses, you will likely have many questions. Your injury attorney can answer them, tailoring this advice to your specific situation. Having a legal advocate in your corner can help prevent you from making mistakes that could devalue your claim.
Accurately Assess Your Damages
Many slip-and-fall victims drastically underestimate their injuries and how they may impact their lives. They may be anxious to accept any offer insurance companies make, only to discover later that their injury is more severe than they first realized.
An experienced premises liability attorney can carefully and thoroughly assess the full extent of your damages. They may recommend that you wait to reach maximum medical improvement so that they can consider the cost of future medical treatment and other long-term impacts the accident has on your life before negotiating for compensation.
Personal injury attorneys can carefully calculate these losses. They may sometimes work with medical experts and others to determine the actual value of a slip-and-fall claim.
Negotiate for a Fair Settlement
Your accident attorney uses the information about how the accident occurred and your losses to prepare a claim for damages. They submit a demand letter to the insurance company, such as the homeowner’s insurance or commercial insurance provider.
Your lawyer’s objective is to recover maximum compensation for your insurance claim. The insurance adjuster will try to minimize the value as much as possible to protect the insurance company’s profit margin. Your lawyer can explain whether any settlement offer is fair.
Represent You in Legal Proceedings
If a fair settlement cannot be reached, your slip-and-fall lawyer can file a personal injury lawsuit on your behalf. Your lawsuit lays out the legal basis for your claim and demands compensation. Your lawyer can represent you at trial and throughout various legal proceedings, including mediation.
Protect Your Rights
At every phase of the case, your legal representation will protect your rights. Your lawyer can explain these rights to you and guide you throughout the claim process. They can also handle communication with the insurance provider and prevent you from being taken advantage of.
How Much Is My Case Worth?
This is a question we receive often at the Gould Cooksey Fennell Law Firm. However, it is not easy to answer because every case is different. The potential value of your claim can depend on specific factors related to your case, such as where the fall occurred and the extent of injury and harm you suffered. The only way to know your claim’s value is to contact an experienced slip and fall lawyer and have them thoroughly review your case details.
What Should I Do After a Slip and Fall?
If you are injured in a slip and fall accident, there are steps you can take to protect your health and legal rights, including:
- Reporting the accident to the property owner or other parties responsible for it
- Seeking prompt medical attention
- Taking photos of the accident scene and your injuries
- Asking witnesses for their contact information
- Keeping the clothes and shoes you were wearing on the day of the fall
- Keeping all of your accident-related records and receipts in a safe place
- Contacting an experienced personal injury attorney for help
What Is the Deadline for Filing a Personal Injury Lawsuit in Florida?
In Florida, accident victims generally have two years to file a lawsuit against the party responsible for their injuries. This is called the statute of limitations. If a personal injury victim fails to file a lawsuit within this timeframe, the court can later dismiss any future filing as untimely, causing the victim to lose their opportunity to recover compensation through the courts. Avoid this outcome by reaching out to an experienced personal injury lawyer today.
Where Do Slip and Fall Accidents Occur?
Slip and fall accidents can occur anywhere people walk. Slips and falls can occur on properties such as:
- Friends’ houses
- Relatives’ homes
- Condos and apartment complexes
- Government buildings
- Public parks
- Schools and daycare facilities
- Hospitals and medical clinics
- Restaurants and clubs
- Hotels and resorts
- Malls and retail outlets
- Grocery stores
- Office buildings
- Parking lots
If you were injured on commercial property or private property due to dangerous conditions, contact our premises liability lawyers for help.
Common Slip and Fall Injuries
Slips and falls can cause severe injuries, depending on the height, the body part impacted, and your overall health. Common injuries that victims of slip and fall accidents suffer include:
- Spinal cord injuries – Injuries from falls often impact the spinal cord. Fall victims may land on their backs, which can result in fractured vertebrae, herniated discs, paralysis, and other spine, back, or neck injuries.
- Traumatic brain injuries – Fall-related injuries can cause brain damage when you fall on your head. According to the Centers for Disease Control and Prevention (CDC), falls account for about half of all TBI-related hospitalizations. Traumatic brain injuries can cause seizures, mood disorders, cognitive impairment, and other debilitating symptoms.
- Shoulder injuries – Slip and fall victims may fall on their side, causing a greater impact on their shoulder. Some of these can be permanent injuries that limit the victim’s ability to work. Accident victims may suffer dislocated shoulders or brachial plexus injuries, which may require surgery and rehabilitation.
- Hip injuries – The CDC reports that 95% of broken hips are due to slips and falls. These debilitating injuries may require hospitalization, surgery, and rehabilitation.
- Broken bones – When the human body comes in contact with a hard surface such as pavement or the ground, catastrophic injuries can result, including complex fractures.
If you have suffered any of these life-altering injuries, our accident lawyers can investigate what caused the accident and who is responsible.
Common Causes of Slips and Falls
Slips and falls often occur because of dangerous property conditions such as:
- Wet floors
- Slippery floors
- Spilled drinks or food
- Water leaks
- Uneven surfaces
- Loose floorboards
- Torn carpeting
- Lack of handrails
- Broken handrails on stairways
- Missing or broken steps
- Unsafe ramps
- Cracked pavement
- Poor lighting
- Poorly lit stairways
- Loose electrical cords
- Unsafe ladders
- Defective products
- Construction defects
- Obstructed pathways
Were you recently injured in a slip-and-fall accident caused by these types of dangerous surface conditions or other defects on the property? If so, the property owner may be responsible for paying for your injuries. Contact a slip-and-fall lawyer from Gould Cooksey Fennell Law Firm for help.
Contact Gould Cooksey Fennell Law Firm for a Free Consultation
If you were injured in a slip and fall and suspect that hazardous conditions contributed to the accident, contact Gould Cooksey Fennell Law Firm. We can discuss your legal rights and options, as well as how we can help. Contact us today for your free case review.
FREE PERSONAL INJURY CONSULTATION
- No Fee Until We Win
- $150M+ in Recent Personal Injury Verdicts & Settlements
- U.S. News & World Report Best Law Firms for 10 Consecutive Years
Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable CAR ACCIDENT Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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