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Miami Personal Injury Lawyer / Attorney

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Slip and Fall Injury Lawsuits

It may sound simple, or even silly, but slips or falls can become very dangerous. If you happen to slip or fall in a private or public area and hurt yourself during the process, you may want to get representation from a lawyer. In any case, you can file a slip and fall lawsuit even if the fault is yours or there is a missing factor needed to satisfy the requirements for the slip and fall lawsuit; but always remember that your case will be likely dismissed if so.

In order for the lawsuit to be successful, you must be able to prove a degree of negligence on the part of the defendant. For instance, if the owner of an establishment fails to produce a warning sign on a wet floor and you happen to sustain an injury because of the floor, the owner can be held liable.

There are four types of accidents that slip and fall lawyers handle, including:

  • Slip and fall accidents where the floor and shoe interface fails.
  • Trip and fall accidents where a foreign object is present in the path.
  • Step and fall accidents where an unexpected hole in the walking surface causes harm.
  • Stump and fall accidents where walking is impeded on the surface.

Filing the Lawsuit

Like most lawsuit, the sooner you file the slip and fall lawsuit, the better. Slip and fall injury claims must be filled within 30 days after the injury. This is to avoid any frivolity in the case, which normally happens if the claimant waits too long before filing the claim.

Slip and fall lawyers would normally advice a claimant to visit a doctor to properly assess the extent of the injury. Depending on the result, this can prove the severity or frivolity of your slip and fall injury claim.

Requirements for the Accident Report

There are several requirements needed in order to successfully file a slip and fall injury claim. For starters, the claimant must note how the injury was sustained, the witnesses of the accident, the conditions that attributed to the slip and fall and others. It is also helpful to file the slip and fall injury claim at the establishment where it happened instead of a private location.

Other information the claimant should note, which can be invaluable in securing the success of the claim, include: detailed description of the event, comments made by those who witnessed the accident and photographs of the area where the accident happened.

Role of the Slip and Fall Lawyer

The responsibility of a slip and fall lawyer is to explicate the varying levels of responsibility held by both parties involved. For instance, it is the task of the owner of the property to ensure safety of its customers or visitors by keeping the property safe. At the same time, the users of the property or the establishment have the duty to watch where they are going and ensure their own safety.