Even though there is no ice and snow in Miami, area walkways can still get dicey for pedestrians. When you are on city streets, the nonstop construction in the Brickell area means that there may be debris causing you to trip and fall. In Miami-Dade and Brickell stores, the frequent area rains could mean that people are tracking puddles into the store that management has an obligation to clean up promptly. Either way, countless Miamians are injured in falls each year. Many of them are someone else’s fault, and the responsible party can be made to pay.
We must caution you that slip and fall cases are not the easiest cases to win, especially when you are proceeding on your own. When you have an accident that is just you, it often ends up being only your word when the insurance company has to go on when trying to decide the merits of a claim. When you are dealing with a slip and fall case, there needs to be more to the story than just that you fell. This is because you must prove that someone else did something wrong, and it was responsible for your injuries.
Slip and falls are like every other personal injury case in that they require that you prove negligence. However, negligence means something a little different in these cases. In a car accident case, it is easier to prove that someone else was responsible because they did something actively wrong, such as making an illegal turn or speeding. In most slip and fall cases, you are trying to prove that the defendant did not do something.
Here, your burden of proof is to show that the property owner acted unreasonably under the circumstances. There are three possible ways to show that that someone else is legally accountable for your accident:
In a slip and fall case, the owner cannot pretend never to know of the condition. At a certain point, the law will assign them knowledge. In other words, any reasonable property owner would know about the problem at some point. In practical terms, it means that a store owner would not be responsible for an injury caused by a spill right after it happened. After some time passes, the law would hold them responsible, even if they claim never to have known about it.
Slip and fall cases are very much based on the particular facts of your case. You need an attorney to investigate your case and gather evidence. The following could be used to prove that someone else is responsible for your injury:
This evidence can be lost in a short period of time if you do not act quickly, especially when the property owner knows that they could be liable. Your attorney could get to work very soon after the accident to start to gather this evidence once you hire them. This is why time is of the essence after a slip and fall accident, and you cannot afford to wait.
Another area where you need quick action is your medical diagnosis. 388CEDA can help when it comes to prompt treatment of your injuries. Our doctors specialize in the types of injuries that you would suffer in a fall and can provide thorough documentation of your injuries and the treatment those injuries received. We offer the following services:
We also help you when it comes to finding a lawyer in your case. As we said, you need to act quickly to bring a slip and fall case and may not have time to research lawyers. This is why we have a large network of Brickell slip and fall attorneys that we work with, and we can introduce you to one upon request. Call us today at 1-800-388-CEDA to find out how we can help you medically and recommend someone who can assist you legally.
*388CEDA is not a law firm or an attorney referral service. 388CEDA does not provide legal advice, services, or legal representation to anyone including but not limited to visitors to this site or individuals/persons responding to our advertisements. In Florida, 388CEDA provides the following types of physician services: M.D., Orthopedic d Surgeons, Anesthesiologists, General Practitioners, Nurse Practitioners, & D.C., Chiropractic Physicians that document and treat individuals that have suffered injuries. Results may vary and are not guaranteed. If you have any questions or need assistance, please call one of our agents at 388CEDA. We work with experienced attorneys.