Sebastian Slip and Fall Lawyers
Aggressive attorneys for premises liability accident victimsProperty owners have a duty to make their property safe for the people they expect to use their property. This duty applies to all kinds of for-profit businesses in Florida such as apartments, hotels, restaurants, gas stations, and retail stores. The duty applies to businesses that provide services such as healthcare facilities, your accountant’s office, and any other service business. The duty applies to nonprofit organizations including schools, churches, and other organizations. Property owners make good money from the people who use their premises if they’re a for-profit enterprise. Property owners of nonprofit businesses benefit by fulfilling their goal of engaging the community. These profits and benefits come at a price. The price is that the owners of the property must take steps to prevent dangerous conditions and they must either repair known defects or warn customers about the dangers. At Lulich & Attorneys, our Sebastian premises liability lawyers hold property owners accountable for failing to protect the people they expect to use their property. Owners can be held liable if they fail to look for, or fail to repair, wet floors, railings that are loose, broken tiles, and other defects. Our personal injury attorneys have a strong success record of settling slip and fall cases and other personal injury cases. We demand compensation for all your damages including your medical bills, lost wages, and your physical pain and emotional suffering. We represent victims who suffer head trauma, spinal cord injuries, fractured bones, and other injuries. If a loved one tragically dies while on someone else’s property, we file wrongful death cases on behalf of the survivors. Slip and fall accident victims include people of all ages – seniors, adults, and children. Victims include people who the property owner invites onto the property and people with a right to be on the property even if they’re not on the property to make a purchase. According to the Centers for Disease Control and Prevention, the numbers of people who visit their local emergency room for hip fractures and other injuries due to falls is staggering – about 800,000 each year.
How do seasoned Sebastian slip and fall attorney fight for slip and fall accident victims?
At Lulich & Attorneys, we’ve been filing personal injury cases for 35 years. We help injured victims and the families of deceased victims in the following ways:
- Investigators. We routinely send investigators to the accident site to examine the property where the fall occurred. Investigators speak with witnesses, take photos and/or videos of the accident site, and focus on identifying the danger and the steps the property owner should have taken to avoid the danger.
- Witnesses. Our attorneys question all witnesses through the discovery process.
- Your medical injuries. We verify your injuries with your treating doctors so they can identify what injuries you have, that the accident caused the injuries, what treatments you need, and what your medical prognosis is.
- Prior notice. Our lawyers seek to find out if the owners of the property were aware of any prior complaints about the dangerous situation that caused your fall
- Income loss. We work with your employers and financial professionals, if necessary, to verify your lost income.
- Building code violations. We investigate whether the property owner violated any Sebastian bill codes
These are just some of the many steps we take to prepare your case for a settlement discussion with the insurance carrier or for trial before a jury.
What are the stages of a Sebastian slip and fall case?
We begin each case by speaking with you in our office at an initial consultation. We discuss what happened and what your injuries are. After reach a contingency fee agreement about your case, we direct you to the correct doctors – if we think other doctors than the ones you’re seeing can help you better. The key parts of your case after the initial consultation are:
- Sending investigators to the accident site
- Determining who the owners are and whether any other people or businesses might be responsible
- Conduct discovery – written questions, oral questions, and requests for documents
- Negotiate your slip and fall claim with the insurance adjuster for the defendants
- Ready your case for trial or arbitration – if you case doesn’t settle
What duty of care do property owners owe to people on their property?
Property owners need to comply with local building codes when they build their own property. Property owners who lease property should inspect the property for all possible defects before the purchase and at regular intervals after the purchase. If the property needs any repairs, those repairs should be made promptly or the property owner should warn anyone who might use the property about the dangers.
Property owners owe the people who use the property a duty of care which depends on the persons’ reason for being on the property:
- Invitees are anyone the property owner invites onto the property – to possibly buy a product or to obtain a service. Invitees also include anyone a nonprofit or charity invites to use the property for the nonprofit’s functions or to participate in the charity’s functions. Invitees are owed the highest duty of care.
- These are people who aren’t invited onto the property but do have permission to be on the property. A licensee be a relative who is waiting to pick up someone from their professional appointment or a neighbor who is walking on your sidewalk.
- Owners of property do not owe a duty to protect people who have no right to be on the property from harm.
- Children trespassers. Florida has an exception to the trespasser rule called the “attractive nuisance doctrine. Parents can file a slip and fall or property liability claim if a child is hurt because a while exploring an item they’re attracted to such as a trampoline on swimming pool.
Why do Sebastian slip and fall accidents happen?
Slip and fall accidents often are due to one or more of the following causes:
- Wet floors due to the rain or spilled liquids
- Tiles that are broken
- Loose railings
- Faulty escalators and elevators
- Uneven surfaces
- Torn carpets
- Melting ice and snow
- Poor lighting
- Ramps that don’t work
- Stairs that are uneven
- Negligent security – especially near ATMs and where money is exchanged
- Merchandise or tools on the floor
Where do Sebastian do slip and fall accidents happen?
Slip and fall accidents happen pretty much anywhere and everywhere. Some of the places where people slip and fall are:
- Apartment complexes, coops, and condos
- Motels and hotels
- A neighbor’s sidewalk
- Retail stores
- Gas stations
- Professional offices
- Hospitals and health clinics
- Parking lots
- Many other Sebastian locations
Who is responsible for a slip and fall accident?
Our Sebastian premises liability lawyers file lawsuits against all responsible parties including the following:
- The owners of the property which may include parent companies and landlords
- Any maintenance companies
- Repair companies
Architects, engineers, and contractors may also be liable.
Even if you are partially at fault for an accident, you should still file a claim. You just need to understand your claim will be reduced by the amount of your fault.
What injuries do Sebastian slip and fall victims suffer?
Slip and fall accident victims can suffer many different injuries including the following:
- Traumatic brain injuries (TBIs). According to the Mayo Clinic, a traumatic brain injury is due to a forceful blow to the head – such as if you fall on your head after a slip and fall. A TBI can cause the brain to lose oxygen, tissue damage, bleeding, bruises, and other injuries. In severe cases, a TBI can cause death. Many TBIs aren’t diagnosed immediately after the fall. Still, it’s critical that if you slip and fall that you go to your local emergency room as soon as possible. Often, relatives tell victims that they’re not responding the way they should – and that they should have a medical review. Victims of a TBI often suffer cognitive issues in addition to physical suffering and emotional pain. Many TBI victims need to treat with multiple doctors and therapists.
- Spinal cord injuries. Slip and fall victims can easily injure their spine when they fall. Many victims of spinal cord injuries need to be examined by neurologists and pain management doctors. In some cases; surgery, a spinal cord stimulator implant, or steroid injections may be required. Victims often live with chronic pain. In some cases, a spinal cord injury can cause a full or partial paralysis. Many victims of spinal cord damage need a lifetime of medical care.
The Florida Department of Health’s Brain and Spinal Cord Injury Program (BSCIP) may be of assistance. The program is funded by the Brain and Spinal Cord Injury Program Trust Fund, as outlined in section 381.79, Florida Statutes.”
- Many slip and fall victims break their arms or hand as they try to catch themselves. Hip injuries, especially if the victim is a senior, are quite common. Victims of a slip and fall in Sebastian may also break their leg or foot. There are different types of fractures including simple and compound fractures. Victims may require surgery. Fractures may chronic pain after the healing process ends.
- Back pain. Many slip and fall injury victims land on their back or wrench their back when they fall. Back injuries may result in nerve or disc damage. Victims often live which chronic back pain.
- Soft tissue injuries. Soft tissue injuries such as a sprained wrist or ankle may not appear right away. Soft tissues injuries should be treated quickly so the victim can receive treatment and the risk of chronic pain can be reduced.
- Cuts, lacerations, and bruises. Most slip and fall victims have bruises, swelling, and cuts due to their fall. Some victims may need stitches. Cuts and lacerations can lead to infections.
- Knee damage. Sebastian slip and fall victims often twist or injure their knee which may cause an ACL or MCL tear – or other damage. Some victims may need arthroscopic surgery. The healing process from an ACL or MCL can take months or even years.
- Shoulder Dislocation and Muscle Strains. Victims of slip and falls often land on or injure their shoulder. The Mayo Clinic states that with a shoulder dislocation, “your upper arm bone pops out of the cup-shaped socket that's part of your shoulder blade. The shoulder is the body's most mobile joint, which makes it susceptible to dislocation. If you suspect a dislocated shoulder, seek prompt medical attention. Most people regain full shoulder function within a few weeks. However, once you've had a dislocated shoulder, your joint may become unstable and be prone to repeat dislocations.” Surgery may be required. Most victims need surgery and/or long-term physical therapy.
Other injures include internal organ damage and psychological harm.
What health providers do Sebastian accident victims treat with?
Slip and fall accident victims may require surgery. Slip and fall victims, often, need to treat with one or more of the following healthcare providers:
- Orthopedic physicians
- Pain management specialists
- Physical therapists
- Rehabilitative therapists
What damages can you claim in a slip and fall accident in Sebastian?
Our Sebastian slip and fall lawyers demand that the people and businesses liable for your injuries pay the following damages:
- Medical expenses. Medical damages include all the medical bills you have. This includes the bills for hospital stays, visits with your family doctor, and exams and treatments with medical specialists such as general surgeons, orthopedic doctors, neurologists, pain management doctors, and psychologists or psychiatrists. Medical damages in slip and fall cases include any ambulance bills or ER bills, and the bill of the anesthesiologist. You can also ask for payment for all your medications and for any medical devices such as braces, wheelchairs, and prosthetics. Many slip and fall victims treat with physical therapists and/or chiropractors. We ask for payment of those bills too.
- Lost income. Your job status doesn’t affect your claim. You can seek payment for lost income if you’re a salaried employee, an independent contractor, run your own business, or have a partnership. You can ask for damages through the time of the settlement demand/trial and any future income loss damages that are likely to accrue.
- Pain and suffering. Every injury changes your life. Even minor pain means you hurt. Pain often means you have difficulty sleeping and moving. Pain can affect your ability to enjoy your spouse and care for your children. If your arm is in a cast, you probably shouldn’t drive. In addition to physical pain, many slip and fall victims have worries and anxieties – about whether their injuries will heal, how the accident is affecting the people around them, and trauma about going to the same location again.
- Loss of consortium. Both spouses can claim loss of consortium which is the loss of intimacy with the other spouse because of the injury.
- Scarring and disfigurement. If you fall on your face or arms, you’re likely to have scars due to the fall or due to any surgeries. Scars cause emotional pain in addition to physical pain – especially if your face suffers scars.
- Punitive damages. In some cases, a business is more than negligent – their conduct is wanton and malicious. For example, if a company knows part of their property requires repairs and they don’t make those repairs AND don’t warn people of the known danger – the property owner may be ordered to pay punitive damages.
If your cellphone, or any property you have on you when you fall, breaks – you can claim damages for the repair or replacement costs.
If a member of your family such as a parent, child, or spouse tragically dies due to a slip and fall accident (for example, the family member hits their head on the ground when they fall), then the family members can file a wrongful death action against all responsible parties. Our Sebastian personal injury attorneys file wrongful death actions on behalf of deceased relatives. We demand compensation for the following wrongful death damages permitted by Florida law:
- The costs of the funeral and burial
- Any medical expenses of the decedent
- The loss of services and support the decedent would have provided the family members had he/she lived
- The value of the deceased’s companionship and protection
- The family member’s pain and suffering due to the death of their relative
- Children can claim damages for being deprived of their parent’s guidance and instruction.
- The income and benefits the deceased would have reasonably earned if the property owner or other defendants had been more responsible.
Speak with a respected Sebastian slip and fall attorney today
Slip and Fall Accidents are one of the most common liability claims. If you fell or a family member died due to a slip and fall, contact an experienced lawyer at Lulich & Attorneys. We want you to be informed and protected! We handle all slip and fall accident cases on a contingency fee basis. You can reach us in Sebastian at (772) 589-5500 or use our contact form to schedule an appointment.
Lulich & Attorneys Sebastian Office
- Phone: 772-492-4611
- Fax: 772-589-8800
- Address: 1069 Main Street, Sebastian, FL 32958
- Hours: M-F 8:30PM - 5:00PM
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