Slip & Fall Accident Attorneys in Florida
Seeking the assistance of Orlando slip and fall injury lawyers is crucial when navigating the aftermath of a slip and fall accident. These incidents, often underestimated, can lead to significant physical, emotional, and financial burdens. With their unwavering commitment to integrity, empathy, and justice, Colling Gilbert Wright stands ready to guide and support victims through these challenging times.
Slip and fall accidents can range from icy sidewalks to wet supermarket floors to hazardous potholes. They can be unexpected and, unfortunately, life-altering. Victims often face not only physical pain from falls but also the anxiety of mounting medical bills and lost income, making these accidents a daunting experience with far-reaching consequences.
Understanding essential information about slip and fall accidents in Florida—from legal definitions and laws to compensation avenues and establishing liability—may provide some comfort to you as you pursue your claim.
At Colling Gilbert Wright, our dedicated Orlando slip and fall attorneys are unwaveringly committed to serving our clients. If you or a loved one has been injured due to negligence while on someone else’s property, our attorneys will be by your side every step of the way in the pursuit of just compensation for your losses.
Contact us online or call (407) 712-7300 today to schedule a FREE case evaluation. We are proud to represent our neighbors in Orlando and throughout Florida.
At Colling Gilbert Wright, our team of dedicated Orlando slip and fall attorneys brings a wealth of experience in handling personal injury and slip and fall accident claims. We prioritize understanding your unique situation and crafting a robust case tailored to your circumstances. Our commitment extends beyond legal representation; we remain consistently available to address your questions and guide you through every step of the way.
To gain more insight into the scope and nature of a slip and fall claim, explore the following topics:
- What Is the Legal Term for Slip & Fall?
- What Is the Slip & Fall Law in Florida?
- Common Slip & Fall Injuries
- Common Causes of Slip & Fall Accidents
- Compensation for Slip & Fall Injuries
- Liability in a Slip & Fall Accident
- What Is the Statute of Limitations on a Slip & Fall in Florida?
- Do I Need a Slip & Fall Injury Lawyer?
What Is the Legal Term for Slip & Fall?
In legal terms, a slip and fall accident is categorized under premises liability. This concept holds property owners and managers responsible for injuries sustained on their property due to unsafe or negligent conditions.
Orlando slip and fall injury attorneys are skilled in pursuing these cases and advocating for those injured due to such negligence. They work to prove that the property owner failed to maintain a safe environment, leading to the accident.
What Is the Slip & Fall Law in Florida?
Florida Statutes § 768.0755 dictates that for a successful slip and fall claim, the injured party must demonstrate that the property owner had actual or constructive knowledge of the hazardous condition and failed to address it. Constructive knowledge can be inferred if the condition existed long enough that it should have been discovered or if it was a regular occurrence. When proving these points, the assistance of an experienced slip and fall attorney becomes invaluable.
Common Slip & Fall Injuries
Slip and fall accidents can result in a range of injuries, some of which are severe or even fatal. Common injuries include:
- Bruises & lacerations
- Sprains
- Torn tendons & ligaments
- Knee injuries
- Shoulder dislocation
- Fractures (particularly hip fractures among older adults)
- Head injuries
- Traumatic brain injuries (TBIs)
- Neck injuries
- Back & spinal cord injuries
Slip and fall injuries can have long-term implications on the victim’s health and quality of life. This further confirms the need for compassionate legal representation when seeking just compensation for victims.
Common Causes of Slip & Fall Accidents
Slip and fall injuries can occur in a variety of settings, often when least expected. Some common scenarios include:
- Wet or Slippery Surfaces: These are prevalent in grocery stores, restaurants, and malls where spills or recently mopped floors lack proper warning signs.
- Uneven Pavements or Flooring: Public sidewalks, parking lots, or retail spaces with cracked, uneven, or poorly maintained flooring are prime locations for trips and falls.
- Cluttered Walkways: In offices or retail stores, obstructed pathways with boxes, equipment, or merchandise pose significant trip hazards.
- Poor Lighting: Dimly lit staircases, hallways, and parking lots make it difficult to notice potential hazards, leading to falls.
- Weather Conditions: Outdoor slips often occur due to ice, snow, or rain, especially when property owners neglect timely cleanup or maintenance.
- Staircases Without Handrails: Missing or faulty handrails on staircases in buildings or public spaces increase the risk of falls, particularly for older people or those with mobility issues.
- Transitions in Flooring: Unexpected changes in flooring types or levels, like from carpet to tile, can catch individuals off guard.
- Loose Mats or Rugs: These often cause trips, especially when placed improperly at entrances or high-traffic areas.
Identifying the cause of a slip and fall accident is critical in establishing a property owner’s negligence. Orlando slip and fall injury lawyers are adept at investigating these incidents to pinpoint the exact cause and build a strong case for their clients.
Compensation for Slip & Fall Injuries
At Colling Gilbert Wright, we are deeply committed to each client we represent in their slip and fall case. Our mission is to utilize our full capabilities to secure the comprehensive compensation you deserve for the hardships you’ve endured—both visible and unseen.
In the wake of a slip and fall injury, victims in Florida are entitled to pursue various forms of damages.
Economic Damages
These encompass the quantifiable financial burdens resulting from an injury, including:
- Medical expenses (e.g., hospital bills, surgeries, medications, etc.)
- Costs incurred from traveling for medical appointments
- Anticipated future healthcare needs
- Lost wages
- Loss of earning capacity
- Rehabilitation
- Counseling
- Physical therapy
- In-home care
- Modifications to residences or vehicles
Non-Economic Damages
These are aimed at compensating for the less tangible yet profound impacts, including:
- Pain & suffering
- Emotional distress
- Disfigurement
- Loss of consortium
- Loss of enjoyment of life
Wrongful Death Damages
If a slip and fall injury tragically escalates to a loss of life, family members may be able to seek compensation for wrongful death (§ 768.21). Damages may include:
- Funeral & burial costs
- Loss of financial support & services
- Mental pain & suffering
- Loss of companionship & protection
- Loss of parental companionship, instruction & guidance
- Loss of earnings
- Loss of potential net accumulations of an estate
Punitive Damages
In very rare instances, a negligent party may be found to have committed “intentional misconduct or gross negligence” (§ 768.72(2)). In that case, punitive damages may be sought as a means of penalizing the offender and deterring future misconduct.
The Orlando slip and fall injury attorneys at Colling Gilbert Wright approach each case with meticulous care and empathy, ensuring the rights and dignity of every victim are fiercely protected. We stand committed to delivering justice, upholding your rights, and providing guidance during such difficult times.
Liability in a Slip & Fall Accident
In slip and fall cases, determining liability is pivotal for pursuing compensation. The liable party may vary depending on the accident’s location and circumstances. Potentially liable parties include:
- Commercial Properties (e.g., stores, restaurants): The property owner or business operator is often responsible, especially if they neglected regular maintenance or failed to address known hazards like wet floors or loose carpeting.
- Private Residences: Homeowners or renters can be liable for slip and fall accidents, particularly if they didn’t warn visitors about potential dangers like icy walkways or uneven flooring.
- Government Properties (e.g., public parks, sidewalks): Government entities may be responsible, although claims against them can be complex due to specific legal protections. Injuries due to poorly maintained sidewalks or public building hazards often fall under this category.
- Workplaces: Employers can be held liable, especially if the slip and fall resulted from a violation of safety regulations or lack of proper workplace maintenance.
- Rental Properties: Landlords might be liable, particularly for accidents in common areas like hallways or for failing to repair reported hazards within rental units.
Determining liability in a slip and fall accident involves proving that the property owner was negligent in maintaining safe premises. This includes showing that they were aware, or should have been aware, of the hazardous condition and failed to rectify it. Orlando slip and fall accident lawyers are practiced in uncovering evidence to establish this liability.
What Is the Statute of Limitations on a Slip & Fall in Florida?
In Florida, the statute of limitations for filing a slip and fall lawsuit is generally 2 years from the date of the accident (§ 95.11(4)(a)). If you do not file within this timeframe, you will likely be unable to receive compensation for your losses. This time limit underscores the importance of promptly consulting with a slip and fall accident lawyer, giving them the time they need to assemble a strong claim.
Do I Need an Orlando Slip & Fall Injury Lawyer?
Navigating a slip and fall claim can be intricate and challenging. Engaging the slip and fall accident attorneys at Colling Gilbert Wright ensures that you have an advocate capable of navigating the complexities of Florida’s laws and pursuing the compensation you deserve.
If you’ve been injured in a slip and fall accident, it is in your best interest to consult an attorney for many reasons, including:
Determining Liability
Identifying the liable party in a slip and fall claim isn’t always straightforward. An experienced lawyer can investigate the incident, gather evidence, and build a strong case to prove liability.
Assessing Damages Accurately
An attorney can help accurately calculate both economic and non-economic damages, ensuring you seek a fair amount for medical expenses, lost wages, pain and suffering, and more.
Negotiating with Insurance Companies
Insurance adjusters often aim to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive a settlement that reflects the true value of your claim.
Navigating Premises Liability Laws
Slip and fall cases fall under premises liability law, which can be complex. A knowledgeable attorney understands these nuances and can navigate the legal system effectively, allowing you to focus on recovery.
No Fees Unless We Win
The slip and fall lawyers at Colling Gilbert Wright work on a contingency basis, meaning you won’t pay unless you receive a settlement or win at trial.
Frequently Asked Questions
Is a Slip & Fall Serious?
Slip and fall accidents can be very serious. However, it always depends on the details of the accident. Injuries can range from simple cuts and bruises to fractures, head injuries, and spinal damage. Clearly, some of these injuries have long-term, life-altering effects that can leave victims with mountains of medical bills, loss of income, and emotional scars.
If you’ve suffered a slip and fall injury, first and foremost, seek medical attention. Once your injuries have been seen to, consult the slip and fall attorneys at Colling Gilbert Wright to determine if you have legal recourse.
How Long Does It Take To Settle a Slip & Fall Case in Florida?
The time it takes to settle a slip and fall claim in Florida varies widely depending on the specific circumstances of the case. Generally, the process can take anywhere from a few months to over a year. Several factors might affect the length of time it takes, including:
- Severity of Your Injuries: The more serious your injuries are, the longer the treatment and recovery time. This can delay the settlement process.
- Clarity on Fault: If liability is clear, the settlement process can proceed more swiftly. However, disputes over fault can cause claims to drag on.
- Cooperation of the Insurance Company: The insurance company may delay negotiations or continually make lowball offers that don’t provide for the extent of your injuries.
- Need for a Trial: When a fair settlement is impossible to reach through negotiation, you may have to go to trial. Trying the case in court can take significantly longer.
Your slip and fall lawyer will be able to give you a better idea of how long the process will take in your case. Colling Gilbert Wright would be honored to guide you through the process, advocate on your behalf, and work toward a settlement that is in your best interest.
Why Do Lawyers Often Try To Negotiate a Settlement?
There are several reasons that slip and fall attorneys attempt to negotiate a settlement. The benefits of settling a case rather than going to trial include:
- Time: Settling a case out of court typically takes significantly less time than going to trial.
- Cost: Trials are expensive. Court fees, expert witness fees, and other expenses add up.
- Predictability: No one can ever predict how a trial will turn out. When you accept a settlement, you know you are receiving compensation.
- Stress: Legal fights can be draining, both emotionally and mentally. Settling can be a quicker resolution and, therefore, less stressful.
When negotiating a settlement, your lawyer attempts to secure just compensation as efficiently as possible. However, sometimes the risk of going to trial is the better choice. If negotiations fail to bring about a fair settlement, it might be worth taking the case to court. Colling Gilbert Wright can discuss your options with you, and we will decide what is best together.
Why Are Slip & Fall Cases Hard To Win?
Slip and fall cases can be challenging for many reasons. However, a distinguished attorney is practiced in assembling strong cases and should not be put off by a challenge.
Some of the more difficult aspects of a case may include:
Proving Negligence
Proving that the property owner was negligent is integral to a successful claim, and it falls on the plaintiff’s shoulders to do so. You must demonstrate that the owner knew or should have known that there was a hazard on the property, yet they failed to remedy the situation.
Establishing Liability
To establish liability, you must show that the owner’s actions (or inactions) directly caused your injuries. This involves collecting and presenting compelling evidence.
Comparative Fault
In many slip and fall cases, the defendant will argue that the victim was partially or fully responsible for their own injury. Although Florida’s comparative fault laws still allow you to recover a portion of your damages as long as you aren’t more than 50% at fault, establishing your percentage of fault can complicate the process.
Lack of Evidence
Evidence is always an integral part of proving your claim. However, surveillance video, witnesses, maintenance records, etc., aren’t always available or sufficient.
Although these elements can make a claim more difficult to build, they will not stop us from pursuing justice in your case. Colling Gilbert Wright has vast experience serving personal injury clients. We aren’t easily ruffled and will do everything we can to help you secure the compensation you deserve.
How Much Is a Slip & Fall Accident Worth in Florida?
The value of a slip and fall accident claim depends on several elements. No two cases are alike; therefore, no two settlements will be alike. The factors that need to be considered when determining a claim’s worth include:
- Severity of your injuries
- Cost of medical treatment
- Lost wages
- Pain & suffering
- Loss of quality of life
- And more
It would be pointless to suggest a specific dollar amount without thoroughly evaluating your claim. Scheduling a FREE consultation with the trustworthy slip and fall attorneys at Colling Gilbert Wright will help you understand your claim’s viability and perhaps give you a better idea of potential compensation.
Why Choose the Slip & Fall Injury Lawyers at Colling Gilbert Wright?
In the unsettling aftermath of a slip and fall injury, you may feel overwhelmed by the physical pain, financial strain, and emotional turmoil. Attempting to handle the complexities of legal proceedings while recovering can be a daunting task.
This is why choosing Colling Gilbert Wright makes all the difference. Our firm is committed to understanding our clients’ unique situations, helping them tell their stories, and pursuing justice for their losses.
We understand that every slip and fall accident is more than just a case—it’s a life-altering event that deserves personalized attention and compassionate handling. Our Orlando slip and fall injury lawyers are committed to not just representing you but to being by your side and supporting you through every step of your legal journey.
Our dedication to justice is not just a professional obligation—it’s our passion. We are deeply committed to seeing your claim through to a successful resolution. We are driven to do the right thing for the right reasons—and we do it exceptionally well.
With Colling Gilbert Wright, you gain more than legal representation; you gain a partnership grounded in empathy, integrity, and a tireless commitment to pursuing the justice and compensation you deserve. If you or a loved one has been injured in a slip and fall accident, don’t face the legal battle alone. Contact us online or call (407) 712-7300 today to schedule a FREE case evaluation.