The Big Challenges With Slip And Fall Personal Injury Claims
Brian O Sutter
Accident Lawyers
With millions of people living within the state of Florida, it makes sense that accidents would occur everyday. And while most of these - and most of those that lead to significant injuries - are related to auto accidents, there are also many injuries caused by slip and fall accidents. Often called premises liability cases, slip and fall cases are those that involve injuries sustained while on the property of someone else. Generally, this will be a public location such as a store, parking lot, or even theme park. However, it can also be the private residence of someone else in some instances.
While these types of accidents vary greatly from incident to incident, the one thing that all slip and fall injury cases have in common is that there are numerous very significant challenges for those who are trying to seek financial compensation for their injuries.
Identifying And Proving Fault
One of the first challenges is just showing that fault exists - or even identifying it for yourself. Under Florida law, you must show that the actions of another party were reckless and negligent and that those actions are what lead to your injuries.
With an auto accident, this is relatively simple to do. Things like drunk driving or texting while driving can easily be shown to be negligent and reckless behavior, after all. But with slip and fall accidents, this isn't so easy to do. In these cases, it must be shown that a property owner knew of a safety risk and failed to do anything about it or that they took steps that directly led to injuries.
For instance, a spill that causes a slip and fall could be grounds for a personal injury law case - but only if the property owner knew about it and failed to clean up the spill or warn others of its presence. It must be shown that knowledge was present of the risk.
This is often inherently difficult, and in many cases, those who are injured will struggle to do so on their own.
Resistance From Insurance Companies
Another major issue is simply resistance. Insurance companies and attorneys for a property owner will often fight vehemently to avoid paying out anymore than necessary for an accident. Their deeper pockets mean that they have more money to do just that, and the fact that injured people are desperate to get any kind of help means that it's simple for insurance companies to deny claims, force people to jump through hoops, and then offer a lowball settlement offer that is far less than you're actually owed.
The Difference An Attorney Makes
With an attorney on your side, this isn't the case. First, your slip and fall lawyer will be able to adequately show that fault exists and that you're owed compensation for the reckless and negligent actions of someone else.
Secondly, with an attorney on your side, you show the insurance companies and opposing attorneys that you are serious about getting what you're owed. This means that you'll be taken seriously and that they will be much more likely to work with you to provide you with a resolution to your case. In short, those injured in a slip and fall accident can't afford to ignore the importance of enlisted a personal injury lawyer onto their side.