There are so many dangers in the world to watch out for, but you would never expect to encounter severe hazards in everyday places like the grocery store, a neighbor’s home, a public park, or a friend’s apartment complex. When an injury occurs due to an owner’s failure to provide a safe environment, the slip and fall lawyers at The Cochran Firm in Broward County, Miami, Fort Lauderdale, the Gulf Coast, and throughout South Florida are here to guide you. We have helped many injured clients achieve favorable verdicts and settlements, holding careless property owners accountable for the harm that resulted when they ignored their responsibilities. When you contact our Broward County slip and fall attorneys, we will inform you of your rights after a slip and fall accident and show you how we can be of valuable assistance to your family.
When serious injuries happen on another’s premises, the injured person may have the right to file a personal injury claim against the owner and/or caretaker. This type of law is called premises liability law, and it has helped protect countless people from financial devastation after they sustained injuries caused by the negligence of others. Here are a few examples of slip and fall hazards that may be labeled as owner negligence:
In Florida, a property owner's responsibility to keep their premises safe depends on the legal status of the visitor. This "duty of care" is a central element in any premises liability case. Visitors are generally classified in one of three ways:
Understanding your status as a visitor is a key first step in determining if the property owner was negligent.
To win a slip and fall lawsuit in Florida, you cannot just show that you fell and were injured on someone else’s property. You must legally prove that the property owner was negligent. This requires your slip and fall attorney to establish three key elements:
Proving these elements is the foundation of a successful premises liability claim. With The Cochran Firm South Florida in Broward County by your side, you’ll have experienced slip-and-fall attorneys who know how to gather the evidence needed to build a compelling case on your behalf.
Economic damages are the tangible costs directly tied to your injury. These may include:
These costs can add up quickly, making it essential to pursue full compensation. Always keep track of your out-of-pocket costs after any slip and fall accident.
Non-economic damages address the emotional and psychological toll of your injury, such as:
Pursuing compensation for both economic and non-economic damages can help ease the burdens caused by a slip-and-fall injury. With a dedicated legal team like The Cochran Firm in Broward County, you can take steps toward regaining stability while holding the responsible parties accountable.
The value of a slip and fall settlement can vary widely depending on the severity of the injury and the circumstances of the incident. Below are general settlement ranges for slip and fall injuries based on injury severity:
For less serious injuries, such as bruises, sprains, or strains, settlements typically range from $1,500 to $15,000.
In cases involving more serious harm like broken bones or torn ligaments, settlement amounts may fall between $15,000 and $100,000. In some cases, these numbers can exceed this range.
For life-altering injuries, such as traumatic brain injuries or paralysis, settlements can reach $100,000 to $1,000,000 or more.
Beyond the type of injury, several other elements influence the final settlement amount. A few of these include the degree of negligence by the property owner, the victim’s pain and suffering, current and future medical expenses, and lost wages or reduced earning capacity.
Slip and fall cases can be challenging because the burden of proof is on you, the victim. Success depends on proving the property owner was negligent and that their negligence directly caused your injuries.
While every case is unique, its strength is typically determined by these core elements:
1. Proving Liability: We must prove the property owner knew (or should have reasonably known) about the dangerous condition and failed to take steps to fix it or warn you.
2. Gathering Evidence: Your claim is built on clear proof. We use photos, video footage, witness statements, and incident reports to back up your claim, so it is not just "your word against theirs".
3. Demonstrating Damages: The severity of your injury, such as broken bones or the need for surgery, is the foundation for your claim. We document the full impact, including medical bills, lost wages, and pain and suffering, to ensure we pursue the true value of your case.
4. Defeating "Comparative Fault," Florida law allows your compensation to be reduced if you are found partly to blame (e.g., you were not watching where you were walking). The defense will use this to reduce or eliminate your compensation.
Because of these variables, an experienced personal injury attorney is essential to evaluate the strength of your case and build a strategy to win.
If you have suffered a slip-and-fall injury in Broward County, Florida, acting promptly is essential to protecting your legal rights. As of March 2023, Florida law provides a two-year statute of limitations for personal injury claims, including slip and fall cases. Failing to file your lawsuit within two years of the date of your accident can have serious consequences. If the statute of limitations expires, you lose your legal right to pursue compensation, no matter how strong your case may be or how severe your injuries are.
Taking swift action also helps preserve evidence. Surveillance footage, accident scene photos, and witness statements can significantly strengthen your case, but over time, this evidence may become unavailable or less reliable. Acting early ensures that these important elements are secured and properly documented.
Additionally, consulting with The Cochran Firm’s experienced slip and fall attorneys in Broward County can help you understand your legal options, preserve evidence, and obtain medical records. Taking these measures early not only strengthens your case but also provides peace of mind as you focus on your recovery.
When someone is injured on a property owned or maintained by another person or business, the property owner’s liability insurance policy typically comes into play. These insurance policies are designed to cover claims related to injuries that occur due to negligence on the premises. The insurance company may reach out quickly with a settlement offer. While it might be tempting to accept and move on, it’s important to proceed with caution. Here’s what you need to consider before agreeing to any terms:
1. Don’t Rush to Accept
Early settlement offers are often lower than what your claim is truly worth. Insurance companies aim to resolve cases quickly and cheaply, often before the full extent of your injuries or future medical needs are known.
2. Consult an Experienced Attorney
Before accepting any offer, speak with a personal injury lawyer. An attorney can review the offer, estimate the full value of your case, including future treatment and lost income, and negotiate for fair compensation on your behalf.
3. Understand the Insurance Company’s Goals
Insurance adjusters are trained to minimize payouts. Their job is to protect the company’s bottom line, not to ensure you receive what you deserve. Recognizing this can help you avoid being taken advantage of.
4. Be Mindful of What You Say
Anything you say to the insurance company can be used to weaken your claim. Avoid giving recorded statements or discussing details without legal representation.
5. Let Your Lawyer Handle Communication
It’s best to have your attorney manage all negotiations. Lawyers are familiar with insurance company tactics and know how to counter lowball offers.
6. Evaluate the Full Impact of Your Injury
Before settling, consider all aspects of your damages: immediate and long-term medical expenses, lost wages, pain and suffering, and any lasting effects on your quality of life.
7. The Decision Is Yours
While your attorney can advise you, the choice to accept or reject a settlement is ultimately yours. Make sure it reflects your true losses and needs.
8. Be Ready to Go to Trial if Needed
If negotiations don’t lead to a fair offer, your attorney may recommend filing a lawsuit. Being prepared to take your case to court shows the insurance company you're serious about seeking just compensation.
The timeline varies. A straightforward case with clear liability and minor injuries might settle in a few months. However, cases involving severe injuries or where the property owner denies fault can take a year or more, especially if a lawsuit must be filed to get a fair offer.
The "51 percent rule" refers to Florida's modified comparative negligence law. Under this rule, you are barred from recovering any compensation if you are found to be 51% or more at fault for the accident. If you are 50% or less at fault, your compensation is simply reduced by your percentage of fault. This is why insurance companies work hard to shift blame onto the victim.
There is no single "average" payout. As our settlement section shows, the value depends entirely on the severity of your injuries. Minor injuries like sprains may settle for a few thousand dollars, while severe injuries like a TBI or spinal cord damage can result in settlements or verdicts worth $100,000 to $1,000,000 or more.
After an accident, you should avoid giving a recorded statement to the property owner's insurance company without your lawyer present. Do not apologize, guess about what happened, or downplay your injuries by saying "I'm fine." Anything you say can be used to weaken your claim or suggest you were at fault. It is best to let your attorney handle all communications.
Over the years, The Cochran Firm South Florida in Broward County has assisted countless clients in their pursuit of compensation after a slip and fall or other type of premises liability accident. Our Florida slip and fall attorneys know how to build strong cases against owners who should have known better. If you or someone you love suffered serious injuries on someone else’s property, you may have a premises liability claim.
If you are in need of a slip and fall lawyer and you live in Broward County, Miami, or Ft Lauderdale, The Cochran Firm South Florida can provide the type of excellent legal guidance you seek. We help injured people throughout South Florida. To set up a free injury consultation, please contact our slip and fall lawyers today.
