Trip And Fall
Palm Beach Trip and Fall Lawyer
In Palm Beach County and throughout the state of Florida, the law requires property owners (or managers) to maintain their properties in a safe, hazard-free condition. If you have been injured by tripping and falling on another person’s property – because of a cracked or uneven sidewalk, a crooked floor mat, stairs without a handrail, or some other hazard – you may be able to receive full compensation for your injury, your lost wages, and more.
In Florida, if you’re injured in a trip-and-fall accident, speak immediately with an experienced Palm Beach Trip and Fall Lawyer at the Law Offices of Thomas J. Lavin. Our Palm Beach Trip and Fall Lawyer will fight for your compensation for trip-and-fall injuries involving:
- Cracked and uneven sidewalks
- Accidents in private homes
- Inadequate lighting for parking lots, stairs, and garages
- Retail, hotel, and restaurant accidents
- Broken and substandard railings on balconies and stairs
We Investigate And Negotiate
It’s rarely hard to prove that a victim has suffered an injury as a result of a trip and fall accident, however attorneys do face some difficulties when filing a personal injury claim for this type of accident. The defendant may claim that the victim did not suffer the injuries as a result of the fall, but rather had them prior to the accident. To prove this, you must have documentation from a medical professional to back up your claims.
A medical professional will be able to determine how long you’ve had the injury and whether it was a pre-existing condition or not.
If the trip and fall accident occurred in a public place with security cameras, the surveillance footage should be used to show exactly what happened. This footage may also be able to prove that a hazard did exist at the time of the fall.
The defendant may also claim that your own negligence led to the accident and that they should not be held liable for your mistake. For example, if you were texting while walking, the defendant could argue that you were not able to see upcoming hazards and therefore, the trip was entirely your fault. However, even if you are partly to blame for the trip and fall, you should speak to a Palm Beach trip and fall attorney as soon as possible. In these cases, the comparative negligence rule applies. This means that the court will determine how liable you were and how liable the defendant was. For example, if the court believes that you were 10% liable and the defendant was 90% liable in the accident, the damages that you receive may be reduced by 10%. You would still be eligible to receive 90% of the damages, but you have to first speak with a Palm Beach trip and fall attorney.
In some cases, a good personal injury lawyer may be able to demonstrate negligence by showing that a defendant violated the law. Florida building codes, for example, specify where railings and other safety features must be located. If you tripped on a staircase that did not have proper railings, you may have a liability claim against the property owner based on the building code violation.
Property owners or managers are generally considered liable if they create a hazard that causes you to trip and fall or if they know about a hazard but neglect to repair it. When you obtain legal help from an experienced Palm Beach Trip and Fall Lawyer at the Law Offices of Thomas J. Lavin, we promptly begin gathering evidence, locating witnesses, and sometimes enlisting the help of medical specialists or other accident authorities. We handle all discussions and negotiations with defendants, their insurance companies, and their attorneys.
Types Of Compensation
A trip and fall accident can not only be painful, but also financially draining. Because of this, the court may award you compensation. If the court finds that you were injured in a trip and fall accident because of someone else’s negligence, you may be entitled to various types of compensation. The compensation that you receive may include:
- Medical expenses
- Lost wages
- Future lost wages
- Permanent disability
- Pain and suffering or emotional distress
- Any other costs that you’ve incurred as a direct result of the trip and fall accident
If the court finds that the defendant displayed gross negligence, the court may award another type of compensation called punitive damages. These are not directly tied to the injury that you occurred, but rather to the behavior of the defendant. Punitive damages are used as a sort of punishment inflicted upon the defendant for their gross negligence or misconduct. However, punitive damages are not awarded in the majority of cases.
Every case is different. The amount and type of compensation that you receive will of course depend on a number of factors about your case. However, to receive the maximum compensation possible, it is always best to speak with a Palm Beach trip and fall attorney as soon as possible after the accident. An attorney will immediately begin to defend your rights and fight for the maximum compensation available. Under Florida law, personal injury claims for trip and fall cases must be filed within four years after the date of the accident, so do not delay in speaking with a Palm Beach trip and fall attorney as soon as possible. After the four years has passed, you will not be able to file a claim for damages because the statute of limitations will have been passed.
No Fee Until You Win
We help victims understand how the law impacts their case, and we help you make the legal moves that are in your best interests. Every client at the Law Offices of Thomas J. Lavin is treated with complete dignity and respect, and we never charge a fee until you receive compensation. If you are injured in a trip-and-fall accident in Florida, and another person’s negligence caused that injury, call us at 561-557-4546, or complete the form on our Contact Page and schedule a free consultation today.