- medical bills and expenses (hospital, doctor, and physical therapy bills)
- lost wages
- out-of-pocket expenses
- past, present, and future pain and suffering
- loss of earning capacity
- loss of spousal support or consortium
- compensation for related mental health, psychological, or psychiatric treatment
- rehabilitation expenses
- loss of quality or enjoyment of life
- loss of benefits
- death benefits (if applicable)
Monday, May 22, 2017
4 Things to do After a Slip and Fall Accident
Slip and fall accidents are a leading cause of personal injuries in Florida and can result in thousands of dollars in medical bills and other damages. Slip and fall cases can be difficult to prove because insurance companies will oftentimes dispute liability. They will claim that the owner of the property was not aware of the dangerous condition or was not notified of the defect in a timely manner. The insurance company may even claim that the injured plaintiff caused or contributed to the slip and fall accident and is entitled to little – if any – recovery.
If you or someone you love has been injured in a slip and fall accident, you need an experienced slip and fall lawyer on your side representing you throughout your case. An experienced personal injury attorney may be able to assist you with settlement negotiations and, if necessary, can litigate the case for you and advocate for you in the courtroom.
This article will explore some steps you can take on your own after being involved in a slip and fall accident.
Seek Medical Treatment at a Hospital or Urgent Care Facility
Injuries sustained in slip and fall accidents can be serious and often include fractures, broken bones, and traumatic brain injuries, just to name a few. Even if you do not believe that you sustained serious injuries, you should still seek immediate follow-up treatment at a hospital or emergency care facility.
In many cases, symptoms and pain do not manifest themselves until days – or even weeks – after sustaining an initial injury. Moreover, if you do not seek immediate medical treatment following the accident, and you develop symptoms and pain later, the insurance company will try and make it seem as though you were not all that seriously injured and/or that you do not deserve to be compensated.
Follow Through with the Emergency Room Physician’s Discharge Instructions and Recommendations
Emergency room and urgent care doctors often provide recommendations to their patients upon discharge. These recommendations typically include following up with a primary care physician or treating at another medical facility.
It is important that you follow through with these treatment recommendations because if you fail to do so, the insurance company will immediately take notice. You should also be sure that you attend all follow-up medical appointments, that you arrive at those appointments on time, and that you stay for the entire appointment.
Focus on Getting Better
During the days, weeks, and months following a slip and fall injury, it is important that you avoid strenuous activities, that you treat your injuries, and that you focus your energy on recovering fully. You should also be wary of social media postings on Facebook or Instagram that might portray you in a negative light to the insurance company.
Call an Experienced Lawyer
Soon after beginning your post-injury treatment, it is important that you contact a skilled Florida slip and fall lawyer. A lawyer will be able to discuss all of the facts and circumstances of your individual case with you and can help you to legally prove your injuries and damages.
Slip and fall cases can have many defendants. Defendants in a Clearwater slip and fall case might include an individual, a corporation, or a governmental entity, such as a city, county, or local government.
In every slip and fall case, the injured person must demonstrate that the property owner or occupier owed a duty of care directly to the injured person and that a breach of this duty proximately resulted in certain injuries and damages.
Duty of Care – This means that the owner or occupier of the property owed a legal duty to all visitors on the premises. The extent of this legal duty depends upon the visitor’s status on the premises – as well as the visitor’s reasons for being on the premises – at the time the slip and fall accident occurred. A business invitee (such as a customer at a store) who is on the premises for business purposes is typically owed a much higher duty of care than a bare licensee (such as a social guest) or a trespasser (who is generally not permitted to be on the premises for any purpose).
Breach (or Violation) of the Duty of Care – This means that the premises owner or occupier violated (or breached) the duty of care, such as by failing to clean up floor puddles in a timely manner or failing to repair a damaged sidewalk or stairwell leading onto the premises. Failing to timely warn visitors of a known dangerous condition on the premises can also amount to a breach of the applicable duty of care.
Causation – The injured person must show that the landowner or occupier’s breach of the applicable duty of care legally and proximately resulted in injuries and damages.
Damages – Damages in slip and fall cases consist of both economic and noneconomic damages. Types of damages available to slip and fall plaintiffs may include some or all of the following:
Slip and fall accidents can bring about serious injuries and damages. If you have been injured in a slip and fall accident as a result of someone else’s negligence, our experienced Florida slip and fall attorneys may be able to help you obtain the monetary compensation you need and deserve under Florida law.
To schedule a free consultation and case evaluation with a Clearwater slip and fall lawyer, please call Dolman Law Group or contact us online.