We Fight for Slip and Fall Accident Victims Throughout North Florida.
At Bernheim Kelley, our Jacksonville slip and fall accident lawyers have the professional skills and proven legal experience to hold negligent businesses and property owners accountable. Hurt in a slip and fall or trip and fall while on someone else’s premises in Duval County? You need a top advocate on your side. To set up your free, no-obligation consultation with an experienced Jacksonville slip and fall accident attorney, please contact our office today.
Slip and Fall Accidents: An Overview of the Statistics
Fall accidents are a serious public safety problem. The National Safety Council (NSC) reports that approximately 40,000 people are killed in fall accidents nationwide each year. Many millions more people suffer serious injuries. Notably, a significant number of these fall accidents are slip and falls. The National Floor Safety Institute (NFSI) reports that more than one million people seek professional, medical care for slip and fall accident injuries each year.
What to Do After a Slip and Fall Accident in Jacksonville?
Slips, trips, and falls can cause devastating injuries. Following a serious accident, it is crucial that you know the steps to take to protect your physical health, legal rights, and financial interests. Here are some of the key steps to take after a slip and fall accident in Jacksonville:
- Seek Immediate Medical Care: Your health and well-being should always be your top priority after a slip and fall accident. Notably, some injuries may not manifest symptoms immediately and can lead to complications if left untreated. Beyond that, medical records are also crucial evidence in a legal claim. You need to see a doctor after a slip and fall.
- Document the Slip and Fall Accident: It is easy to become disoriented after an accident, but it is vital to collect as much information as possible as soon as possible. Take pictures of the scene, any hazards or conditions that contributed to the fall, and your injuries. If there were any witnesses, get their information. Write down the specifics of the incident while your memory is fresh.
- Notify the Business/Property Owner: Notify the responsible business or property owner that an accident has occurred on their premises. They may bear legal liability. If you have any questions about how to notify a business or property owner, an experienced Jacksonville slip and fall accident lawyer can help.
- Consult With a Jacksonville Slip and Fall Lawyer: You cannot rely on businesses, commercial landlords, or property insurance companies to do what is right for you after a serious fall accident. The right lawyer can make all of the difference. Consult with a Jacksonville premises liability lawyer right away after a slip and fall.
What Types of Injuries Do Slips and Falls Cause?
Slip and fall consequences can be severe, even catastrophic. These accidents often cause very serious, potentially life-lasting injuries. Some of the most common types of injuries reported in slip and fall accidents in Jacksonville include:
- Sprains and Strains: These are injuries to ligaments and tendons and are particularly common in the ankles and wrists.
- Broken Bones/Fractures: Falls can lead to broken bones, especially in vulnerable areas like the hip, wrist, and forearm.
- Dislocations: Joints, especially shoulders, can be forced out of position during a fall. Dislocations require professional medical attention.
- Brain Injuries: Traumatic brain injuries (TBIs) can occur when someone’s head strikes a hard surface during a fall. All head injuries require immediate medical care.
- Spinal Cord Damage: A hard fall can harm the vertebrae or the spinal cord, leading to paralysis or other neurological issues.
What are the Most Common Causes of Slip and Fall Accidents in Jacksonville?
Slip and fall accidents can happen for a wide range of different reasons. A significant portion of slip and falls could and should have been prevented if only the business (or property owner) had taken the appropriate safety precautions. Every slip and fall should be carefully investigated. Some of the most common causes of slip and fall accidents in Jacksonville include:
- Wet or Slippery Surfaces: Slippery floors are perhaps the most common cause. Rainfall can make outdoor surfaces, like sidewalks and parking lots, treacherous. Inside, freshly mopped floors, spills, or leakages can also pose a serious slip hazard.
- Poor Lighting: Inadequate lighting in stairways, hallways, and parking lots can make it difficult to see obstacles or changes in the walking surface, leading to trips and falls. Notably, poor or broken lighting in stairways can be especially dangerous.
- Uneven Surfaces: Cracked sidewalks, potholes, and uneven tiles or flooring can easily cause someone to trip. These hazards might be especially prevalent in older buildings or poorly maintained public areas.
- Cluttered Floors: In places like retail stores or offices, items left on the floor, tangled cords, or misplaced furniture can become a tripping hazard. Clutter or debris in walkways and hallways can be incredibly dangerous.
- Loose or Worn Carpets: Carpets that are not properly fastened or those showing wear and tear can cause people to stumble. Tattered carpeting should be addressed right away.
- Lack of Warning Signs: When hazards, like wet floors or ongoing construction, are not clearly marked with warning signs, it increases the risk of someone being unaware and having an accident.
What Types of Damages Can I Get After A Slip and Fall in Jacksonville?
Were you hurt in a slip and fall in Jacksonville or elsewhere in Duval County? If so, it is crucial that you are able to secure every dollar of compensation that you need to pay your bills and support your family. In Florida, financial relief may be available for economic losses and for non-economic damages. Businesses, property owners, and insurance companies put their own financial interests first. At Bernheim Kelley, our Jacksonville slip and fall accident lawyers are committed to helping injured victims secure the maximum compensation. Recovery may be available for:
- Emergency medical treatment;
- Hospital bills and other medical costs;
- Physical therapy;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability; and
- Scarring/disfigurement.
What Factors Will Affect the Value of My Settlement?
A number of different factors will affect the value of your slip and fall accident settlement. To start, the nature and severity of your injuries sustained will be key. Your compensation is based, in large part, on your damages, including medical expenses, lost wages, and pain and suffering. Beyond that, you will need to prove liability. The degree of negligence attributed to both parties will be weighed. Every percentage point of fault is crucial, given Florida’s comparative negligence standard.
How Long Do I Have to File a Slip and Fall Accident Lawsuit in Jacksonville?
You have a limited amount of time to file a slip and fall accident injury lawsuit. Under Florida law (Florida Statutes § 95.11(3)(a)), the statute of limitations for a negligence claim—including a premises liability claim, such as a slip and fall—is two years. Prior to early 2023, the statute of limitations for slip and falls in Florida was four years. However, state law has changed. Given the time-sensitive nature of these cases, it is imperative that you consult with an experienced Jacksonville slip and fall lawyer right away after a serious accident.
Who is Liable for a Slip and Fall Accident in Jacksonville?
The at-fault party can be held legally responsible for a slip and fall accident in Jacksonville. In most cases, the responsible party is a property owner or property occupier (business). Liability for a slip and fall hinges primarily on the concept of negligence. For a business or property owner to be held accountable for your injuries, you must prove that their negligence contributed to your fall. A thorough investigation of every slip and fall accident is key. Among other things, an investigation of a slip and fall will entail the collection of evidence, the interviewing of witnesses, and, in some cases, consultation with experts. An experienced Jacksonville slip and fall accident lawyer can help you establish liability and get justice.
What Do I Have to Prove to Win My Slip and Fall Injury Case?
Hurt in a slip and fall accident in Jacksonville? You probably have a lot of questions about what exactly you need to show to recover financial compensation for your damages. Under Florida premises liability law, businesses and property owners have a duty to ensure their premises are safe for visitors. It is important to emphasize that liability is not automatic. In other words, just because you fell does not necessarily mean the owner was negligent. You must prove that unreasonably dangerous conditions on the property contributed to your slip and fall.
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What Happens if I am Being Blamed for a Slip and Fall Accident? (Can I Still Get Money?)
Yes, you can still recover financial compensation for your damages—or at least you can if you are not responsible for the majority of your accident. Under Florida law (Florida Statutes § 768.81), our state uses a modified comparative fault standard for premises liability claims, including slip and fall accident claims. A slip and fall accident victim can recover financial compensation if they are deemed at fault for less than 51% of their accident. For example, imagine a scenario in Jacksonville where an individual slips on a wet floor at a grocery store. The store neglected to put out warning signs about the wet floor after cleaning. However, the individual was texting while walking and was not paying full attention. If a lawsuit is filed and the court determines that the victim was 20% at fault for their own accident due to the texting. If so, that slip and fall victim would be liable for 20% of damages. They can still hold the negligent grocery store liable for the remaining 80% of their damages.
Rely on the Jacksonville Slip and Fall Accident Attorneys
A slip and fall is a type of premises liability claim—and just like any other type of premises case, it can be complicated. If you suffered a slip and fall in an accident, it is crucial that you are able to maximize your financial recovery. We know how to hold negligent businesses, negligent property owners, and big commercial insurance companies accountable. At Bernheim Kelley, our Jacksonville slip and fall accident attorneys have extensive experience handling slip and fall accident claims. If you or your family member was hurt in a slip and fall or a trip and fall, we are here to help. Reach out to us by phone or connect with us online to set up your free, no-obligation initial appointment. With a law office in Jacksonville, we fight for the rights of slip-and-fall accident victims in Duval County and all across North Florida.