Florida Slip And Fall Legal Questions

We can potentially help.  It depends on the facts of the case. We invite you to review our verdicts, our accolades and awards, and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally.  John represents clients in Florida, Georgia and Alabama with passion and compassion and is a Board Certified Civil Trial Lawyer, which means the Florida Bar allows him to be called an expert.  Only a small percentage of lawyers are able to be called an expert in this area.  Give us a call at 904-444-4444 or email John at jmp@knowthelawyer.com.... Read More

We are sorry to hear about your accident. We certainly recommend that you get some additional follow-up medical care to fully understand the seriousness of your injury. We also recommend that you speak to experienced personal injury attorney to discuss your rights. We offer free no obligation consultations so please feel free to call us at 1-888-352-5298 thank you. ... Read More

This can be far more complicated than you realize. Please, Do not sign, or agree to anything and if not too late, do not give a statement to the insurance company until you consult with a qualified*  and experienced personal injury lawyer in your area.  When you meet/speak with a qualified lawyer, he/she will go over (1) fault and (2) your personal insurance issues.  Please understand, I don't have nearly enough information to give you adequate advice, but since you raised accepting their minimal offer, lets talk about #2, your insurance issues first. When you settle a case with the at-fault party you have a legal and contractual obligation to protect the interests of your own insurance company. What that entails, depends of your insurance is Medicare, Medicaid, or  private health insurance. If private insurance a lawyer would need to know if it is a fully funded employment policy under ERISA, or if it is a regular employment insurance plan. The reason is each of  these have different reimbursement provisions from the settlement proceeds. If you are now on Medicare, or expect to be an a few years, you may also have issues with future medical coverage.  As for liability: If the fall was caused by the negligence of the property owner, its employees and contractors, or any other person/business for that matter, you may be entitled for significant compensation for your loss, injury and damages, including past and future medical bills. By and large, insurance companies do not care at all about you and will take advantage of unrepresented people at every opportunity. Without  consulting an experienced personal injury lawyer you are looking for  trouble.  *Important: When consulting/hiring a personal injury lawyer, try to avoid the mass-advertising TV type lawyers. With the thousands of clients they generate from their multi-million dollar adds, do you think they will have time to give personal attention to your case? There are many well qualified and experienced personal injury lawyers throughout the  State.  If you have additional questions or  more information I am happy to respond.... Read More

First, the Statute of Limitations simply means you must file a law suit before the time period elapses (4 years for a typical negligence claim). The only relevance to hiring a new lawyer is the significant attorneys fees the former lawyer will seek out of the eventual recovery. Assuming he/she had the case for a few years they could be entitled to a significant percentage of the attorney fees generated in the case. That could make hiring a new lawyer very difficult. I don't know the circumstances of your claim, but if the lawyer is fired "for cause",  then he/she may not be entitled to claim a fee for the work they put into the case. Proving cause, is very difficult and the conduct would have to be egregious. (technically the former attorney's fee comes from the client's share of proceeds, but most lawyers agree to take it out of their percentage. That is something you need to raise with any lawyer you speak with. If you are unhappy with your lawyer, I strongly suggest you consult with another qualified lawyer in your area. Only from a detailed conversation can the other lawyer understand what the fact are and whether to assume a case that has been ongoing for so long.... Read More

From a practical legal perspective, this is simply not a viable case. You should always ask them to see if they will reimburse, but if they won't, that is typically the end of it. If you inist on pursuing it, as a "matter of principle", which is not a finanically practical decision, you will simply need to retain an attorney to handle the issue on a traditional hourly rate/retainer as opposed to a contingent fee.... Read More

This is a black and white issue based upon a statutory provision. If a minor child has a settlement for under $15,000 Fla.Stat. 744.301 dicates that no court approval is needed.If the insurance company is playing games, you'll have to work with your lawyer to address this. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More

No way to tell based upon the information provided. It sounds like there may be some issue with the liability aspect of the case(who is at fault), as opposed to the damages (how bad you were hurt). Unless someone tells you WHY the case is no good, just keep plugging away until someone says they will take it or explain why they wont. If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read More

A personal injury claim requires at least two things: negligence (legal fault) and damages. The first question is what caused you to slip on the steps? You/your lawyer must show that the condition causing you to fall was dangerous and the defendant either knew of (or created) the dangerous condition, or it was there for a long enough time that they should have known about it. This is of course a simplified explanation, but is essentially the case.  The next question is whether you have sufficient injuries to warrant bringing a claim. If you have a couple of bruises that will go away in a couple of days, few lawyers will find it economically feasible to bring a claim. If however, you are in significant pain and your injuries are sufficient to require ongoing medical care. a personal injury lawyer will be able to help you. I hope this was of some help. This reply should not be considered a formal legal opinion of your case / inquiry. At this time I may not have enough information to give a complete answer to your question and there may be more to your issue(s) then I have set out in my brief reply. If you additional questions or information, I am happy to help. Jonathan Groff is an AV preeminent (5 out of 5) rated Personal Injury lawyer, with a principal office in South Miami, but representing clients throughout Florida. He can be reached at, Office: (305) 661-3633 / (800) 549-1942; Mobile (24 hours a day): (305) 302-8807; Email: Jgroff@kgdfloridalaw.com; Website: www.kgdfloridalaw.com... Read More

A primary reason is to comply with the Medicare Secondary Payor Act, Section 111. Liability carriers are required to notify the government of personal injury claims in the event that person is receiving medicare and/or medicaid (or may be eligible for Medicare). I cant get into all the issues with MSPRC, they have a right to be reimbursed from settlement/verdict proceeds for payments they make, or will make that are caused by a negligent person. As a secondary reason, they probably want to run an index search on you for prior claims history. ... Read More

That is a common question asked of clients to gage whether they are in a range of reasonable. Based on the client’s answer, it opens up for discussion the lawyers professional assessment of the claim; what a realistic settlement/verdict would be for similar cases and the likely net recoveries  for an "x" dollar settlement based on medical bills, fees costs, etc. It is hard to negotiate a settlement if the client’s expectation is so high the demand will be met with silence. With that being said, you should have a good understanding of the lawyers evaluation of the strengths and weaknesses of the case, coverage limitations, etc. From there you can have that discussion. I cant speak for your lawyer, but I presume that is what he is trying to do. ... Read More

The lawyer may have read something in your medical records that causes him/her concern about going forward in your case. Assuming this is a personal injury case, he/she may have discovered that you have a pre-existing injury to the same body part that you are now claiming was injured in the accident. You deserve an explanation from your attorney but depending on his/her ethics may not get one. In any case, I recommend contacting another lawyer in your area to discuss your options.... Read More

If comp declined as not in scope of work, you will either need to hire a comp lawyer to challege this under the "coming and going" rule or if its truly not comp claim, then you may have general negligence claim against employer like any ordinary slip and fall case. You should consult a lawyer diectly about this  orcall our ofice at 1-800-922-6442.... Read More

If you were injured, be very careful about speaking to the restaurants insurance adjuster. They are specially trained to get information from you that may not accurately reflect what happened or your injuries. If you have not already done so,  I very strongly recommend you first consult a qualified personal injury lawyer do discuss what happened and your injuries. There is much more to this than I can even  say in this short reply. Also, when hiring a lawyer try to avoid the mass advertising, high volume "TV" lawyers, or anyone who illegally solicits your case. Hope all goes well for you.... Read More

You may have a case. We'd be happy to review it with you. Slip/fall cases are determined by three things- 1) was what caused you to fall the fault of the store or could they have known and fixed it; 2) did it cause injury and 3) what is the value of those injuries and the pain, suffering and inconvenience they cause you worth? Please check out our website to learn more about us- http://www.knowthelawyer.com John Phillips 800/656/6952 JMP@knowthelawyer.com ... Read More

You can fire your lawyer any time you like. The lawyer does not own the case, you do.  You can hire any lawyer you want at any time.  With that said, here are some considerations for you. First, because your lawyer obtained an offer, he or she may be entitled to their 1/3 fee based on a $25,000 offer, even after you fire them and a new lawyer settles the case. Absent a claim for their 1/3 fee, your lawyer may have a claim for the time spent and costs paid on your case, and as such your old lawyer may get a significant fee and cost award even if you fire him or her. Third a new lawyer may be hesitant to take the case since your former lawyer will have a claim for fees and costs, making the case less valuable to the new lawyer. Fourth if a lawsuit has been filed, your old lawyer cannot simply quit representing you, and must obtain court permission to withdraw from the case. If a suit has been filed a new lawyer may be hesitant to take on the case that is already in litigation. With regard to the amount of settlement, $25,000 is not a bad offer for your type of injury. Cases of this nature can settle for more or less depending on the permanency of the injury, and how strong a case you have for liability. In your case liability may not be clear. You stepped in a hole, which may have been open and obvious and creates a risk if you refuse the offer and go to trial.  In the event you don't win, you could end up owing the other attorney fees. Many times a low offer indicates that the insurance company believes they could win on liability at trial.... Read More

You may have a civil claim for damages, if your child was injured based on not having the protection.  It is always difficily to sue government controlled entities, but lawyers can and do and this sounds like negligent supervision. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law. ... Read More

If you were injured on a commercial property as a result of sprinklers being on, you may have a claim for injury.  The fact that you wee intoxicated will work against you as the defense will claim you fell due to being intoxicated and not due to the wet pavement. It would cost you nothing to hire a personal injury lawyer to at least look into this matter.... Read More

There are several steps you can take right now, but the first step should be to retain a personal injury lawyer. Here are a couple more things you should do. (1) preserve the shoes you were wearing in a plastic bag and to not wear them any more. They will be evidence in your case.  (2) write to the store manager and ask them to preserve as evidence any video surveillance tape or file showing you falling on their property (3) go back and take photographs of the location of your fall (4) seek medical treatment for your injury (5) take photos of your injury, bruises, cuts, etc (6) do not give any statements to anyone until you have spoken with a lawyer. Call me for a free consultation 727-321-0099 I have handled similar cases.... Read More