When you go shopping at the mall or dining at your favorite restaurant, you shouldn’t have to worry about injuries. Unfortunately, property owners don’t always clean up messes or other hazards on the property, which can lead to painful injuries. They may require lifelong care or expensive surgeries that you can’t afford because you were not expecting to get hurt.
Our Cape Coral premises liability lawyers at Viles & Beckman can help you if you have been injured on someone else’s property. We’ll work together with you toward getting you the compensation that you deserve. We can help you build your case and identify the damages you qualify for so that you can pay off bills and recover sooner.
What Injuries Can I File a Claim for?
Injuries on someone else’s property often a result of the property owner’s negligence. They owed you a duty of care but failed to deliver it. You may be able to file a premises liability claim if you have suffered any of the injuries from:
- Slip and fall
- Dog bites
- Escalator or elevator malfunctions
- Property fires that resulted from an unattended danger
- Presence of toxic chemicals
- Theme park accidents
If you were injured on someone else’s property in Florida, you may be eligible to file a claim, regardless if you are a resident or you are just visiting. Our dedicated premises liability lawyers can evaluate your case for free and tell you if you have a case.
If you have a case, we’ll continue to the next step of gathering evidence, interviewing witnesses, and obtaining medical records of your injuries. All these things will strengthen your case so that you have a higher chance of winning the highest settlement possible.
For a free legal consultation with a premises liability lawyer serving Cape Coral, call (239) 334-3933
How do I Prove Negligence in a Cape Coral Premises Liability Case?
The first step to filing a premises liability claim in Cape Coral is having evidence that proves negligence. To prove that the owner is responsible for your injuries, you must be able to prove the following:
- The person controlled the property (owned, leased, occupied)
- The owner had an obligation to give you a duty of care
- The property owner was aware of the danger on their property, or had a reasonable amount of time to know, but did not take any action to remove it
- The owner’s negligence led to your injury
- You have costs as a result of your injury
After you know that you can prove the property owner’s negligence, you can contact a premises liability attorney in Cape Coral to start building your case. Our lawyers can help you decide what evidence will be the most beneficial to your case.
Cape Coral Premises Liability Lawyer Near Me (239) 334-3933
How Long do I Have to File a Claim for a Premises Liability Case in Florida?
You have a limited amount of time to file your Florida premises liability claim. According to Fla. Stat. § 95.11 you have four years from the date of the accident to file a claim. This may seem like plenty of time, but negotiating with the insurance company, as well as arranging evidence for your case, can make the time period go by quickly.
It’s best to file your claim as soon as you can. By doing so, your case’s evidence is fresh and as accurate as it can be. This increases your chances of winning your case and getting the maximum settlement.
It’s important to keep in mind that although the standard statute of limitations is four years, each case is different, so you may have more or less time to file a claim. A personal injury attorney can help determine exactly how long you have to file your claim.
Florida’s Premises Liability Rules
Florida law states that if you sustained your injury in a store or restaurant, you may have to provide other evidence to show that the owner is responsible for your injuries.
According to Fla. Stat. § 768.0755, when you are injured on a public property involving a substance or object that shouldn’t be on the premises, you must prove that the owner had knowledge of it and should have removed the danger.
Constructive knowledge can be proved by:
- Showing that the danger was present for a time period long enough that the owner knew about it and would have noticed it
- The danger was a common occurrence that the business should know about because it is a generic risk
The most common cases where this occurs are slip and fall accidents. For example, if a grease puddle was on the floor for hours and was visible to visitors, but the property owner or an employee did not clean it up, the owner had knowledge of it.
Complete a Free Case Evaluation form now
What Damages Can I Recover in a Premises Liability Case?
It wasn’t your fault that the owner of the property didn’t keep their property safe for visitors. You deserve compensation for your losses. Based on the details of your case you may be able to recover damages such as:
- Current and future medical expenses (ambulance, medications, surgeries)
- Loss of wages
- Property damage as a result of your injury
- Pain and suffering
There are times when property owners don’t want to be responsible for your injuries, and they may try to hide damages that you may be eligible for. Our passionate team of lawyers are aware of their tactics, so we’ll find all the damages you’re eligible for.
If someone in your family passed away as a result of injuries on someone else’s property, you may be able to file a wrongful death claim and get additional compensation. Our Cape Coral premises liability attorneys can provide more information on this if your case qualifies.
What Should I Know About Insurance Companies After My Injury?
Insurance companies are not your ally when you’re injured in a premises liability accident. These companies don’t want to pay the funds that you deserve for your injuries and will try everything they can to avoid doing so.
Many insurance adjusters will act genuine but they are only in it for their own profit and interests. You should never give any type of statement, written or recorded, without one of our lawyers present. The insurance company can use anything you say against you.
Our lawyers are well versed in how to deal with insurance companies, we’ve done it for years. When it’s time to talk to the insurance company, we can go over any paperwork they give you and make sure that you don’t accept a settlement offer that’s lower than what you deserve. We’ll help you negotiate so that you can get the compensation that will cover your expenses.
How a Premises Liability Lawyer in Cape Coral Can Help You
When you suffer from an unexpected injury, it can disrupt your life for weeks or months at a time. At Viles & Beckman, we know how to handle premises liability cases and can prove the owner’s negligence that contributed to your injuries.
If you were injured by a property owner’s negligence, call us or fill out the form on our contact us page to begin your free case evaluation with a Cape Coral premises liability lawyer today. We’ll work with you to hold the property owner accountable and get you compensation to cover your costs.