Sebastian Slip and Fall Lawyers
With little warning, you find yourself on the ground, the impact jarring. It takes a moment to grasp what just occurred. A surge of embarrassment drives you as you think about getting up swiftly, but as reality sets in, you realize something is seriously amiss.
Scenes like this unfold daily across the nation. Slip and fall accidents, a common occurrence, lead to many injuries each year. Victims grapple with everything from fractures to spinal injuries to traumatic brain injuries (TBI).
For those who've experienced a slip and fall incident, the abruptness and life-altering nature of the event are all too familiar. Unfortunately, premises liability cases like slip and falls seldom offer straightforward resolutions. Establishing the property owner's liability is often a challenging legal endeavor - a fact well understood by the opposing party.
Slip and fall cases are among the most fiercely contested cases, demanding the attention of a dedicated Sebastian slip and fall attorney with the experience and tenacity to see the process through from start to finish.
In cases of slip and fall accidents resulting from negligence, Lulich & Attorneys stand as steadfast advocates. We passionately represent clients against major retail and corporate entities in Sebastian.
- Sebastian Slip and Fall Lawyers
- Why Choose Us
- Slip and Fall Compensation
- Where Slip and Fall Accidents Occur in Sebastian
- Slip and Fall Claims
- Fighting the Insurance Company After a Slip and Fall
- What to Do After a Slip and Fall Accident
- Lulich & Attorneys are Here for You After a Slip and Fall
- Sebastian Office
Why Choose Us
At Lulich & Attorneys, you can trust that we will take a proactive stance in handling your slip and fall case, tirelessly working to hold all responsible parties accountable for your pain and suffering.
When you hire us, we will use our every effort to maximize your chances of obtaining the full compensation you rightfully deserve. If you or a loved one has suffered severe injuries in a Sebastian slip and fall due to another party's negligence or wrongdoing, don't hesitate to reach out to Lulich & Attorneys for a complimentary consultation.
Operating on a contingency fee basis, our firm ensures that our clients don't have to worry about upfront costs. We invest our resources into investigating and handling various aspects of the case. Our fees are contingent on successfully recovering compensation for our clients. This means our clients only incur charges if we can secure a favorable outcome.
Our Sebastian office is conveniently located on the Northeast corner of Main Street and Palmetto Avenue, just east of Sebastian Public Works at:
1069 Main Street
Sebastian, FL 32958
Slip and Fall Compensation
Several different factors will determine your slip and fall claim's value. Unfortunately, there is no formula or calculation to determine exactly what you might receive for a settlement or court award after a slip and fall accident.
However, when you meet with an experienced Sebastian slip and fall lawyer, they can estimate how much your specific case might recover after a detailed investigation.
Factors that will determine its value include:
- The limits of applicable insurance policies. Most of the time, you can't expect to receive more than the policy limits of the property owner's insurance policy
- The strength of the evidence against the person or party who negligently caused your accident. The more substantial the evidence, the more valuable your claim can be
- Your medical bills and lost income. Settlements and court awards are supposed to compensate you for all of your financial losses associated with your injury—the more losses you suffer, the higher the compensation
- Your pain and suffering. Including mental anguish, scarring, disfigurement, and loss of consortium
- Your injuries. Injuries that are more severe, such as broken bones, head injuries, or even spinal cord injuries (SCI) are worth more
- The types of medical care and treatments you require. The more medical care you need, the more you can receive for your financial and non-financial damages
- The anticipated long-term outcome of your injuries. If your injuries will keep you from enjoying your life or working for quite some time, your claim will be more valuable
Slip and Fall Claims
Types of Slip and Fall Accidents
Slip and fall accidents can happen because of many different factors, such as:
- Wet floors and walkways: Property owners must promptly clean up spills and provide warnings for wet floors to prevent slip accidents.
- Cluttered aisles and fallen merchandise: Store owners should avoid obstructing aisles with merchandise or leaving debris on floors to prevent tripping hazards.
- Damaged floors and floor coverings: Regular maintenance addresses torn, loose, or broken floor materials and handrails, especially on staircases.
- Slippery flooring materials: Certain smooth flooring materials and over-polished surfaces can increase slip risks, potentially leading to accidents.
- Elevators and escalators: Proper maintenance of these devices is essential to prevent abrupt stops or starts that can cause passengers to fall.
- Inadequate lighting: Adequate lighting is necessary in public areas to ensure clear visibility, reducing the risk of trips and falls.
- Landscape hazards: Landscaping materials should be properly contained to prevent scattering onto walkways, posing slipping hazards.
- Damaged sidewalks: Property owners should regularly inspect sidewalks for cracks, gaps, or loose pavers and take necessary repair measures.
- Ditches and potholes: Property owners must mark or repair holes or openings in paved areas to prevent accidents and injuries.
Liability for Slip and Fall Accidents
Liability is a legal term meaning responsibility. If another party negligently caused your slip and fall accident, they are liable for your damages. Typically, the property owner must pay for a slip and fall accident.
Generally speaking, all successful personal injury claimants must prove the four elements of negligence to establish liability.
These elements are:
- Duty of care: An individual, business, or municipality has a duty to prevent harm to others. For example, a county must replace a library sidewalk if it's crumbly or has severe cracks.
- Breach of duty: The at-fault party breaches or violates their duty by failing to do what any reasonable person should do under similar circumstances. A store breaches its duty by failing to mop up spills in a reasonable amount of time after becoming aware of them.
- Cause: The breach of the duty of care is the proximate or direct cause of the victim's injuries. A homeowner who doesn't install hand railings on steep outdoor stairs is the direct cause of an individual's head injury.
- Damages: The injured person has provable injuries established by medical bills, medical records, and evidence of emotional suffering.
The injured party must prove that a dangerous condition existed, but this will vary depending on the cause of the fall. For example, pictures can show the lack of or broken handrails or ripped carpeting.
If you or your Sebastian slip and fall attorney can't provide clear and convincing evidence to prove these elements, your claim isn't likely to get the financial recovery that it deserves.
Special Liability Considerations for Slip and Fall Claims
Property owners are only liable if they knew or should have reasonably known about a condition that can cause a slip and fall. You cannot expect them to immediately know about every danger in the store. For instance, if a customer drops a glass jar of pickles on the floor in a grocery store, the manager or employees may not know about it right away.
But if someone told a store employee or an employee saw it happen but didn't clean it up. In that case, the employee and store must pay for any resulting injuries. Once they know about the condition, they have a duty of care to clean it up or at least post a warning sign.
In this situation, the person who fell must provide evidence that the store employees were aware of the dangerous condition and didn't act within a reasonable timeframe to prevent their fall.
Slip and Fall Injuries
- Fractured or broken bones
- Sprained or strained muscles and ligaments
- Dislocated joints
- Head injuries, including concussions
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Back and neck injuries
- Soft tissue injuries (contusions, abrasions)
- Cuts, bruises, and lacerations
- Internal injuries or organ damage
- Nerve damage or compression
- Whiplash and neck strain
- Knee injuries (ligament tears, patellar fractures)
- Shoulder injuries (rotator cuff tears, dislocations)
- Hip injuries (fractures, dislocations)
- Pelvic injuries
- Psychological trauma (anxiety, post-traumatic stress disorder)
- Chronic pain conditions
- Wrongful death (in severe cases)
- Aggravation of pre-existing medical conditions
Fighting the Insurance Company After a Slip and Fall
Experiencing a slip and fall accident can lead to severe injuries and significant financial burdens. In such situations, seek compensation from the responsible party's insurance company. However, insurance companies make it a challenging and complex process. Here's a closer look at what it entails:
One of the primary hurdles in a slip and fall case is proving liability. This involves demonstrating that the property owner or occupier was negligent in maintaining the premises. Insurance companies often shift blame onto the victim, arguing that they were careless or at fault.
To build a strong case, it's crucial to gather evidence promptly. This may include photographs of the accident scene, witness statements, incident reports, and available surveillance footage. Additionally, preserving clothing or shoes worn during the accident can be substantial evidence.
Dealing with Insurance Adjusters
Insurance adjusters are skilled at minimizing payouts. They may undervalue your claim or deny liability. Consult a skilled Sebastian slip and fall attorney before engaging with the insurance company.
Given the complexities involved, seeking legal representation is often the best course of action. An experienced personal injury attorney can navigate the legal process, negotiate with the insurance company, and protect your rights.
Your attorney will work to negotiate a fair settlement that covers your medical expenses, lost income, pain and suffering, and other damages. They have the skills to assess the value of your case and negotiate effectively on your behalf.
If negotiations with the insurance company are unsuccessful, your attorney will prepare to take your case to court. This involves filing a lawsuit, gathering additional evidence, and presenting your case before a judge or jury.
What to Do After a Slip and Fall Accident
After suffering injuries in a slip and fall accident, to protect your well-being and strengthen your legal case:
- Adhere to treatment plans: Following your medical team's prescribed treatment plans is paramount. Consistency in attending appointments, undergoing recommended procedures, and adhering to prescribed medications not only aids your recovery but also establishes a clear medical record. This record serves as vital evidence to support your claim.
- Keep receipts and documentation: Document every expense related to your accident and recovery. This includes medical bills, prescription costs, rehabilitation expenses, and any other out-of-pocket costs incurred due to the accident. These receipts serve as tangible evidence of the financial impact the accident has had on you.
- Maintain a journal: A detailed journal can document the incident's physical, emotional, and mental aftermath. Record your pain levels, emotional struggles, and how your injuries have affected your daily life. This personal account provides powerful evidence of your pain and suffering.
Remember, proper documentation can significantly impact the outcome of your case, providing the necessary evidence to support your claims and strengthen your position in negotiations or litigation. However, you must bring your documentation to Lulich & Attorneys so they can use it to your advantage and maximize your compensation.