Fort Myers Slip and Fall
Accident Lawyer

Slip and fall accidents are exactly as they sound. They happen when a person slips on a wet or slippery surface and falls to the ground. When we use the term “slip and fall,” we also include trip and fall accidents. While slip and fall accidents usually happen on a flat, wet surface, trip and fall accidents happen as the result of an uneven surface. Common causes of trip and fall accidents include uneven walkways, raised or poorly positioned rugs, uncovered extension cords, or unmarked steps.

While a slip and fall accident may seem like a minor incident, these accidents can lead to very serious injuries, especially in older adults. Common injuries after a slip and fall accident include:

• Fractures: As we age, our bones lose density and break more easily. According to the National Floor Safety Institute, falls are responsible for 87 percent of fractures in older adults.
• Traumatic brain injuries: When a person hits their head on a hard object, they are at very high risk for a traumatic brain injury (TBI). The CDC reports falls as the leading cause of TBIs, accounting for nearly 50 percent of all TBI-related emergency department visits in 2014 (the year for which the most recent data is available). Young children and older adults are at the highest risk of suffering a TBI after a fall. In 2014, 49 percent of all TBI-related ER visits for children 0-17 were the result of a fall. For adults 65 and older, 81 percent of visits to the emergency room to treat a TBI were the result of a fall.
• Spinal cord injuries: The spinal cord is more delicate than you would think. A hard fall can cause serious damage and prompt the tissue around the cord to swell. When this happens, you may be at risk of permanent paralysis. According to the Mayo Clinic, approximately 31 percent of spinal cord injuries are the result of a fall. If you experience any symptoms of a spinal cord injury, such as extreme pain, numbness, tingling, or difficulty walking, contact a doctor right away. Prompt treatment could prevent permanent damage.
• Soft tissue injuries: When we try to catch ourselves during a fall, the body can twist and contort into unnatural positions. This can cause muscle strains, torn tendons, or ligament damage. While these injuries often heal on their own, in some cases they may require additional treatment or surgery.
• Bruises or lacerations: Bruises are one of the most common injuries after a fall. A bruise is the body’s response to a traumatic blow to the body. Lacerations can occur if the fall was on a rough surface or there was glass in the area. Although these injuries may seem minor in the grand scheme of things, you should always have them checked out by a doctor.

“The store’s insurance company already offered me a settlement.”

“I can handle this on my own.”

“Lawyers are so expensive!”

Many people try to convince themselves that they do not need an attorney after a slip and fall accident. Unfortunately, failing to hire an attorney can result in less compensation for their injuries, which can leave them struggling to pay their medical bills.

An experienced Fort Myers slip and fall lawyer may assist by:

• Collecting evidence about the accident. Store security footage, witness statements, and photos of the accident scene can all help determine which parties and factors contributed to the accident. An experienced Fort Myers slip and fall attorney may assist victims by reviewing the evidentiary details, including consulting with expert witnesses, to help strengthen a victim’s claim.
• Providing an accurate estimate of the amount of compensation victims should expect to receive. Often, the insurance company that covers the liable party in an accident will focus on minimizing its financial liability. Insurance companies do not prioritize compensating the full value of injured victims’ claims. An experienced Fort Myers slip and fall attorney can help injured victims calculate the true value of their claim, ensuring they can evaluate whether a settlement is sufficient.
• Negotiating on their client’s behalf. Injured victims are often overwhelmed with their physical recovery following an accident. An attorney can negotiate with insurance companies on behalf of their clients so that clients can focus on recovering. Hiring a lawyer provides injured victims with an advocate on their side, who is focused on their best interests. Knowledge of the law enables attorneys to give injured victims the best chances of protecting their rights and maximizing their recovery.

Many accident victims, including slip and fall victims, discover that having an attorney on their side significantly increases the compensation they receive, even after paying the attorney’s fees.

Slip and fall accidents can happen anywhere. But there are a few common hotspots that see more accidents than others. As such, owners of these places have a heightened responsibility to make sure their property is safe and free of hazards.

Some of the most common locations for slip and fall accidents include:

• Restaurants;
• Retail stores, including grocery stores;
• Parking lots;
• Boats;
• Stairways
• Docks;
• Swimming pool decks; and
• Sidewalks.

After an accident, you are your best advocate. While fault may seem obvious, most property owners will be hesitant to admit negligence. For larger companies, a serious accident doesn’t just cost money, it could also damage the company’s reputation. As such, it is very common for businesses and insurance companies to employ aggressive legal teams to protect their interests. This is why your actions following the accident are extremely important.

The steps you need to take after a slip and fall accident include:

• Check for injuries: Falls can cause traumatic injuries. If you think you have a broken bone, brain injury, or spinal cord injury, do not move. Instead, ask someone else for help.
• Report the incident: If you are in a place of business, report the accident to the manager on duty. If you are at a private residence, tell the homeowner. Not only will this help you establish a record of what happened, but it may also prevent others from being injured.
• Document evidence: Evidence prevents your case from becoming a he said/she said argument. The more you can back up your side of the story with facts, the stronger your case will be. There are two things you will want to focus on after an accident: photos and witnesses. First, take pictures of what caused the fall. Was there a wet spot? Was the carpet loose? Then, talk to any witnesses. Ask for their contact information so your attorney and the insurance company can talk to them at a later date.
• Go to the doctor: Falls are serious. They are one of the leading causes of fractures, traumatic brain injuries, and spinal cord injuries. It’s important to take your injuries seriously. Report all injuries to your doctor, even if they seem minor. Do not embellish or downplay your injuries. Your medical record will become a part of your personal injury case.
• Contact a personal injury attorney: After an accident, the most important thing is your recovery. A personal injury attorney can take care of the logistics, paperwork, and negotiations, so all you have to do is focus on healing.

While we commonly associate slip and fall accidents with public venues, they can happen at a private residence. In this case, the property owner (or renter) will likely have financial responsibility for your injuries. In this circumstance, it’s best to talk to the homeowner and obtain their homeowner’s insurance information so you can contact the insurance company to begin a claim.

Individuals expect a certain level of care when entering the premises of a property, whether the property is public or private. Visitors to a property should assume that the property owner or manager of the property will ensure the area is reasonably safe for visitors. Unfortunately, not all property owners provide a high standard of care for their visitors. To determine who bears liability for a slip and fall, an attorney may conduct a careful investigation of the property.

Law and regulations require owners or the individuals or companies operating on the property to adhere to certain safety standards. For example, commercial properties may be required to clearly label any slippery areas, block off unsafe areas, take care of maintenance quickly, and provide adequate handrails in stairways. When properties fail to provide these safety precautions, the entities responsible for their maintenance may share in the liability for any resulting injuries.

For example, if you visit a store and slip on a wet floor with no label, the store operating on that property may bear liability for your injuries. On the other hand, if the owner of the store fails to take adequate precautions with the property itself, such as failing to conduct maintenance on the property, the property owner may be liable for resulting injuries.

In some cases, other entities might also share liability for injuries caused by a fall. If another company or entity operates on the premises and does not take adequate safety precautions, that entity may share liability for the accident. For example, a construction company may be liable if they remove the flooring, fail to adequately label the danger, and an individual becomes injured.

Consult us for a more thorough evaluation of an accident to identify all potentially liable parties.

That’s the goal. Florida’s premises liability laws and personal injury statutes allow victims to recover damages from the at-fault party after an accident. To do this, you must prove liability, negligence, and actual damages. In other words, you must show:

• The defendant had a duty to keep their property safe.
• The defendant failed to ensure safe conditions for all visitors, due to their negligence or deliberate actions.
• The defendant’s negligence was the direct cause of your injuries.

These three conditions are fairly straightforward and easy to demonstrate in most cases. Under Florida premises liability laws, all property owners have a responsibility to ensure the safety of guests, lessees, and in some cases, even trespassers. Once you and your attorney establish fault, you will need to request damages.

While each case is different, common damages in a slip and fall injury case include:

• Medical costs: Medical bills can be expensive. You may, however, recover the cost of your medical bills after an accident.
• Lost wages: Slip and fall accidents can lead to lost time at work. In fact, according to the NFSI, slip and fall accidents are the leading cause of lost days at work. In most cases, lost wages begin on the first missed day at work and end when you return to work. If your injuries are serious, you may be eligible for future lost wages.
• Pain and suffering: Pain and suffering covers actual physical and emotional distress after an accident. This may include depression, anxiety, chronic pain, loss of enjoyment, or loss of companionship.
• Wrongful death: According to the National Council on Aging, falls are the leading cause of fatal injury for older adults. A wrongful death claim may help cover the cost of medical bills, lost wages, funeral and burial costs, and pain and suffering.

Florida’s personal injury statute of limitations outlines how long a plaintiff has to request damages after a slip and fall accident. In most cases, victims have four years to file a personal injury suit. After this time, the court has the right to deny your claim. There are limited circumstances in which the court may allow you more time.

These might include:

• Fraud: The other party hid details relevant to the case that you discovered after the statute of limitations had run out.
• Age: If the victim is a minor, the state will typically pause the statute of limitations until they turn 18.
• Mental disability: The court may pause the statute of limitations if the victim did not have the mental capacity to take legal action at the time of the accident.

Your initial consultation with a personal injury attorney is your opportunity to meet your potential attorney and for the attorney to get a better understanding of your case. You should bring any evidence you have gathered with you, which will allow the attorney to let you know what they think about the likelihood of success and potential value of your case. This will allow you to make the best decision moving forward.

While individual attorneys may give you a list of items they want you to bring, there are a few things you should definitely gather before you head to your appointment.

These include:

• The name of the at-fault party and the name of the person you spoke to.
• The other party’s insurance information.
• Your health insurance information.
• Any photographs from the incident and/or witness information.
• Relevant medical records, diagnoses, and names of any medication you were prescribed as a result of the accident.
• Any letters or correspondences from the at-fault party or their insurance adjuster.