Miami Slip and Fall Lawyer
Let’s face it, most of us do not enjoy running errands mostly without a Miami Slip and Fall Lawyer besides. During these times, most of us get tired and exhausted. But as you do this errand, most of us can really encounter a lot of risk of harm. A 20-minute chore to buy some milk can end up a long day of testing in the hospital due to negligence on the part of the property owner. When these risks are not managed properly, they can result in different types of accidents, the most common of which is a slip and fall. It is the duty of every property owner to make their property safe.The most seemingly non-hazardous conditions like slippery floors, uneven pavement, poor lighting, and even spilled milk can totally turn a harmless parking lot into an area where you will suffer minor injuries to severe and life-changing injuries such as traumatic brain injuries resulting from strong blows to the head, spinal cord injuries that cause excruciating pain, and even death. Keep in mind that wet floors are slippery floors. But don’t worry, if negligence on the part of the property owner is proven, we can have a case. In this article, we will discuss why it is an advantage to have a Miami Slip and Fall lawyer in this type of matter.
Miami Slip and Fall Lawyer – Florida Laws
Miami, along with a few other states, has very comprehensive slip and fall laws enacted by their legislators. A portion of these laws have articulated premises for a victim to prove in order to win their specific case.
How Do Miami Florida’s Slip and Fall Laws Work?
The law pertaining to slip and fall legislation in Miami is not complete. By that, we mean, like every other law, no particular law can cover every possible situation that can or will arise in a case. But Miami’s common law is something we can look at, evaluate, and review when a slip and fall accident has taken place. The common law, particularly Miami’s Slip & Fall law, pertains to laws conceived by the judges as cases are brought before them. This common law includes details like what particular claim for damages is covered for the injured person as well as comprehensively discussing the statutory law as time progresses.
Slip and Fall Cases in Miami Florida: What to Prove to Win
As Miami Slip and Fall Laywer, and considering the challenge that there are particular laws surrounding these cases, being guided by the common laws can make a difference. Part of these laws are the things a person must prove in order to win the case. Below are the things we should prove:
- You slipped on a slippery floor or wet floor.
- The said accident occurred on someone else’s private property.
- The particular substance made the area a dangerous surface.
- The owner is a negligent property owner. This can be proven if the owner of the property had actual or constructive knowledge of the dangerous condition of the specific property.
- They should have fixed it.
- They were not able to fix it.
Miami Slip and Fall Lawyer: Florida’s Statute of Limitations
A while ago, the term “statutes” was mentioned. A particular statute to note is the “statute of limitations,” which is the amount of time given for an individual to submit a legal claim. In the case of Miami’s Slip & Fall laws, it is said that a claimant can file a personal injury claim against the property owner within four years of the incident. This provides them a time limit of four years, unless a rare exception applies to extend or alter the span of the filling window.
Filling a Lawsuit: Miami Slip and Fall Attorney
A slip and fall lawsuit in Miami, Florida is filed with a summons and complaint. The Complainant must provide the complaint and state every necessary fact for the case. This complaint must revolve around the personal injury negligence laws of Florida. It is the responsibility of the victim of the injury, in this case called the plaintiff, to initiate the lawsuit. The plaintiff pays the filing fee and files the summons and complaint in court.
Slip and Fall Miami Florida Comparative Negligence
A legal concept one must notably consider in the slip and fall laws in Miami is comparative negligence. Comparative negligence recognizes that there is a probability that both parties can be held responsible for the accident. Particularly in Miami, the slip and fall law ensures that even if both parties are at fault, slip and fall victims can still recover something from the particular accident.
A good illustration of this is, for example, if a particular substance that was not supposed to be there was there and made you slip, resulting in a slip-and-fall injury, but after careful investigation, it has been proven through video footage and other evidence that you were running in an area where you should have been walking. According to the comparative negligence rule, both parties may be at fault. Miami, Florida laws allow you to have a fair settlement. If the given scenario above is true, your compensation might be reduced. Considering the actual knowledge that both parties are responsible for the accident.
How can an experienced Slip and Fall Lawyer in Miami help?
Personal injury lawyers can assist Slip-and-fall injury victims as they are well versed in this particular area. Several of us may have just encountered a couple of terms as we have just observed. Added to this is the complexity of the slip and fall laws in Miami, Florida, legal jargon such as “comparative negligence,” “summons,” and other legal terms that may not be familiar to regular people like us. Attorneys who specialize in personal injury can help you in this situation, as they can provide legal advice and guide you through the legal process. This assistance focuses on establishing fault in the slip and fall. An experienced lawyer’s first step is to investigate how the incident took place. Note that accidents are not planned and happen very fast, and a huge number of people do not realize how they go from just walking in parking garages to suddenly being on the ground injured. Asking for vital information regarding the incident is the main task of a personal injury lawyer. Questions such as: Were you using your phone? Were you distracted? Are there any substances or defects on the step that caused you to slip? Were the risers of varying heights, which might have caused you to lose your balance and fall? What were you wearing on your feet? There are other important questions that will be asked so that the accident attorney along with the team will discuss every possible scenario that has caused this accident so that you can have a comprehensive view of what exactly happened, clearing out the how’s and why’s of the situation.
As the famous quote states, “there is a silver lining to every cloud”. Accidents are difficult for everyone; no one plans for them, and no one looks forward to them, but in an event like this, having some assistance from the liable party in your medical expenses may be a sort of silver lining. It might not aid in the loss of enjoyment of an injured person, but at least it can support their recovery. But remember, not every individual is a reasonable person. The good news is that there are laws to make sure you are covered. Seeking the help of a personal injury lawyer can help in the claim process, assist you in the legal process, and ensure you get the maximum compensation needed from the negligent party.
If you need a Miami Slip and Fall Lawyer, please get a free consultation with Mario Serralta.