Author: Dumas Sanclemente Law PLLC

Tampa Bay Slip and Fall Lawyers Explain When You May Have a Claim for Compensation in Florida

Many people do not consider a fall to be as catastrophic as a motor vehicle accident, but that is not necessarily true. In fact, according to the Center for Disease Control (CDC) falls are the leading cause of traumatic brain injuries (TBIs) in adults over the age of 65 and children 17 years and younger. Falls are also the second most common cause of spinal cord injuries. According to the World Health Organization (WHO), falls are the second leading cause of accidental or unintentional injury deaths in the world. Our Tampa Bay slip and fall lawyers have seen this first hand by handling many cases involving serious or catastrophic personal injuries, including wrongful death. Many of these injuries and deaths are preventable but caused by the reckless, careless, and negligent actions of another person, business, or municipal entity.

Not only are many slip and falls avoidable, but unfortunately many victims do not realize that they have a valid slip and fall case entitling them to compensation under Florida law. Rather, far too many victims blame themselves for a slip and fall accident on a wet floor, broken tile, or a slipped product on the ground. This could not be further from the truth. Anytime you have fallen on the property of another person, ask our Tampa Bay slip and fall lawyers at Dumas & Sanclemente for a FREE case evaluation to learn what your rights to compensation may be under the law.

Common Examples of Slip and Falls Where it May be a Landowner’s Fault (Not Yours)

A slip and fall case is a type of premises liability action, meaning a case that involves the use or occupancy of land. There are many different types of causes of slip and falls, but some of the most common in Florida include the following:

• Spilled products
• Holes in the ground
• Leaky AC units
• Wet cruise ship decks
• Leaking refrigeration units
• Food on the floor
• Broken curbs
• Uneven ground
• Excessive floor wax or soap use
• Debris or dirt on the ground
• Painted wood stairs without friction strips
• Poorly lit walkways and stairwells
• Tree roots lifting walkways
• Unsafe pool decks, and
• Many other common causes

Florida Law Regarding Slip and Falls

Under Florida law, all property owners, managers, and possessors must maintain their premises in a reasonably safe condition to avoid unnecessary harm to foreseeable entrants. This creates a flexible standard of care that depends on the class of entrant onto the property. Business owners are generally held to a higher standard because they invite individuals onto their property for the purchasing of goods and services. This includes places like grocery stores, department stores, and restaurants.

The next highest standard of care is owed to social guests who are coming onto the property of another for non-business related reasons. This includes guests into your home for a get-together, party, or it could extend to others just walking a dog on an adjacent sidewalk.

Finally, the lowest standard of care is owed to trespassers. The duty here is to ensure not to artificially cause intentional harm to a foreseeable trespasser. This could be placing animal traps in an area known to be a shortcut taken by children.

What if I was Partially at Fault?

Even if you believe you may have caused your own accident, you still may be entitled to compensation. Florida is a comparative fault state. This means the proportional amount of fault by the plaintiff is used to offset the total damages award. For example, if you recover $200,000 but were 10% at fault, your award would be reduced by $20,000 to a total recovery of $180,000.

Comparative fault is also a tricky subject that only a trained lawyer and jurist should evaluate. Therefore, do not try to gauge what your comparative fault is under the law. Let one of our lawyers evaluate your case for FREE and fight for your rights under Florida law to ensure you recover the maximum amount of compensation that you may be entitled to.

Elements of a Slip and Fall Case in Florida

In order to prove a slip and fall case in Florida, statutory law (made by the Legislature) and common law (judge-made law through written opinions and decisions) require that a victim must establish that 1) there was a dangerous or hazardous defect, 2) the defendant had notice of the defect, and 3) the defendant had a reasonable period of time to fix it.

The most contested element is usually notice. In order to prove notice, a victim must establish either one of the following:

• Creation – the defendant created the defect that was dangerous, defective, or otherwise hazardous including against building code
• Actual notice – the defendant was told about the defect or knew of its presence (i.e., walked by the spill and did not pick it up)
• Constructive notice – the defect existed on the ground for a sufficient period of time to inspect the premises, discover the defect, and repair or clean it (i.e., a jar spilled on the ground 2 hours before a slip and fall)
• Reoccurring condition – the defect habitually appeared when a certain condition occurred (i.e., the roof leaked on the floor every time it rained)

A victim only needs to establish one type of notice, but often times many different types of notice can be established in a case.

Do I Need to Prove the Elements “Beyond a Reasonable Doubt?”

Most people know about the “beyond a reasonable doubt” standard that dominates TV, movies, and the news. This is a burden of proof, also known as a burden of persuasion, that is required to be shown in order to win a case. The “beyond a reasonable doubt” burden requires proof establishing a claim by a very high 98% to 100% certainty.

Luckily, in civil negligence actions like a slip and fall case a victim only needs to establish a claim by a “preponderance of the evidence.” This requires a victim to establish that it is more likely than not that the victim’s case is true, which is a 51% certainty.

While this is certainly better for a victim than the “beyond a reasonable doubt” standard, that does not mean victims can handle a slip and fall claim by themselves without a lawyer. Or that victims and their families could use just any type of lawyer. This is because the law allows a defendant to just prove a defense by 50% or more, making it easy for a defense lawyer or insurance adjuster to argue against a victim’s compensation. This is why victims need to hire an experienced Tampa Bay slip and fall lawyer to protect their rights to compensation under the law.

Call Our Tampa Bay Slip and Fall Lawyers for Help Today

If you were injured on the property of another person, call Dumas & Sanclemente for a FREE case evaluation to learn what your rights to content may be under Florida law. We will not let an overzealous defense lawyer or aggressive insurance adjuster deny your claim and right to compensation. Fight back with our compassionate staff and experienced lawyers to ensure you recover compensation for medical bills, lost wages, loss of consortium, and your pain and suffering due to a slip and fall accident in Tampa Bay or anywhere else in Florida. Call (844) 400-2667 to schedule your case evaluation or send us an email by using our message box at the bottom of our contact us page available here.

Important Steps to Take After a Florida Car Accident to Protect Your Rights

Being involved in a car accident can be one of the most traumatizing experiences a person could go through. While most motor vehicle crashes do not cause significant damage or any personal injuries, unfortunately that is not always the case. Here in Florida over 236,000 people suffer injuries and go through this terrifying experience each year. Sometimes these injuries are catastrophic and immediately apparent like traumatic brain injuries, spinal cord injuries, loss of a limb, broken bones, and other damages. But our Tampa Bay car accident lawyers know that other times some injuries may start subtle and slowly become more significant or damaging. This can include injuries such as herniated discs, brain bleeds, and organ damage.

Insurance companies know this too and will even use it against you. In fact, many insurance companies have their claims adjusters trained by defense lawyers to learn how to undervalue or deny car accident claims. Adjusters are also taught how to get victims of car accidents to admit to unsavory but not necessarily true facts in order to use it against them in a lawsuit. This is particularly true of soft tissue injuries or injuries that do not manifest themselves right away after a Florida car accident. Therefore, if you do not have a record of your injuries by first responders or a hospital visit, you can be sure that the insurance adjuster or defense lawyers will argue that your injuries were not causally related or that you are feigning or exaggerating your injuries to receive a payday.

Here at Dumas & Sanclemente Law, we do not think that is fair. But we know it happens all too often. We have some important tips that motorists should know if they were involved in a Tampa Bay car accident. These tips could help protect your rights to compensation for medical bills, lost wages, loss of consortium, and of course your pain and suffering. But not only can these tips help document your injuries, but it can actually save your life in the case of a slow brain bleed or another internal injury.

Get Evaluated by Medical Staff, Even if You Do Not Feel Hurt: It Could Save Your Life!

While you may feel fine after a motor vehicle crash, it is important to always be evaluated. Trained medical providers and first responders have extensive experience and training to help them evaluate victims of car accidents. They know what subtle signs and symptoms may be an indication for something greater and more dangerous. This is why it is important to never underestimate or decline an evaluation, even if you think you are fine.

For example, some injuries such as a brain bleed could cause no pain or discomfort besides maybe a dull headache—which is common after any type of impact or fall. But there may be a few small or subtle symptoms to indicate that it is occurring, even right after an accident. If you decline an evaluation and fail to get treatment by a trained professional who could recognize those symptoms, that brain bleed could result in a dangerous increase of intracranial pressure over the next few hours or even days. Once the pressure inside the skull increases and it begins to cause pain, it is already too late. There could be irreversible brain damage or cause wrongful death—even if quickly treated. This is why it is imperative to stop the damage right away by getting quickly evaluated and treated before damage occurs.

Create a Record of the Accident and Your Injury Complaints

With any type of accident or injury, after getting treated the next most important aspect of a case is creating a record. The sooner and more thorough the record is created, the stronger it will be to support your claim. This means telling first responders and medical providers everything that hurts or aches at the scene of an accident and at the emergency department of a hospital. Do not play a hero. If anything is hurting, even just a small ache, it could quickly snowball into something more devastating. You need to ensure that your medical records contain these complaints of pain.

Creating a Record is Essential for Soft Tissue Injuries

Creating a record is particularly true of soft tissue injuries to the neck, mid-back (thoracic region), or lower back (lumbar region). In fact, many slipped discs, annular tears, herniations, and other damages to the back may take days or even weeks to manifest themselves. It would be very easy for an insurance adjuster or defense lawyer to say that your first complaint of back pain was five weeks after an accident, how can it be related?

The truth is that this is a very common scenario that a judge or jury may not realize happens often. Always ensure that even a small backache is noted in your record at the accident or at the hospital. Sometimes minor pains in the neck or back can result in the need for extensive surgical interventions such as back fusions.

After Seeking Medical Attention, Call our Tampa Bay Car Accident Lawyers

After you have received medical attention for your Florida car accident, the next most important step is to seek legal advice from a car accident lawyer. Here at Dumas & Sanclemente Law, we offer free consultations to advise victims of all types of personal injury accidents what their rights are under Florida law. This includes serious or catastrophic car accidents occurring throughout the Tampa Bay area or Florida. Learn how we can help protect your rights during a free consultation by dialing (844) 400-2667. You could also send us an email by using our message box at the bottom of our contact us page available here.

Understanding Compensation After a Tampa Bay Auto Accident: Who Pays for My Medical Bills in Florida?

Auto accidents are one of the largest causes of unexpected medical bills. In the United States alone, approximately two million people suffer personal injuries in auto accidents and another 40,000 are wrongfully killed. Of these national statistics, Florida auto accidents account for about 236,000 injuries and 3,000 deaths. These are staggering figures which mean each day in Florida alone there are 647 people injured and eight people killed. Our Tampa Bay auto accident lawyers know this also means that many victims and their families are burdened with the high costs of emergency medical treatment, surgeries, and potentially years of physical therapy or revisionary procedures to try to repair the damage done. This is often coupled with the realization that the person injured in an auto accident may also be unable to work to pay these quickly accumulating costs.

This is why one of the most common questions a victim may have after an auto accident is who can pay for my medical bills. Florida has taken great steps to help protect victims of a motor vehicle accident by enacting certain legislation to allow victims easier routes to recover compensation for medical bills. However, most people do not know what to do until they have already been in an accident.

Here at Dumas & Sanclemente Law, we hope that no one has to live through another car accident. But we know that is not realistic given that 2 million people are injured every year in series wrecks. Thus, we want everyone to know what their rights are to have their medical bills paid before they are ever in a Florida auto accident to help ease the burdens of physical, emotional, and financial stress on a victim and his or her family.

Florida Car Insurance 101: What a “No Fault” State Means

 

Generally, the United States has two forms of car insurance. There are “at-fault” states and “no-fault” states. The difference dictates where a person injured in an auto accident will turn for medical bills and lost wages. At-fault states require parties to turn to the at-fault driver’s insurance company. Whereas no-fault states like Florida require parties to turn to their own car insurance to submit a claim. The goal of a no-fault state is for victims to immediately begin having medical bills and lost wages paid for, and liability could be determined later in a lawsuit or between insurers.

Components of No Fault Insurance

Under Florida law, all motorists must have insurance for their motor vehicle in order to register and operate the vehicle on Florida roadways. Coverage must be for both personal injury protection (PIP) and property damage liability (PDL).

What is the Minimum Car Insurance Required in Florida

While motorists are free to purchase as much insurance as they can afford, the minimum car insurance required in Florida is the following:

• $10,000 for personal injury protection or PIP, and
• $10,000 for property damage liability or PDL.

What is Covered by Florida No Fault Insurance?

Under Florida law, PIP covers eighty percent (80%) of all necessary and reasonable medical expenses for a covered injury caused by an auto accident. The amount covered or reimbursed is up to the amount purchased by the motorist, which at a minimum must be $10,000. Additionally, PDL will cover up damage caused to another vehicle or property up to the amount chosen by the motorist, the minimum being $10,000.

What to Do if Personal Injuries are More Than the Coverage?

In some instances, the personal injuries sustained by a victim of a Tampa Bay auto accident may be more than the amount of no-fault coverage. In this situation there are two options for motorists.

Option 1: Commence a Legal Action

Where the personal injuries sustained are more than the PIP limits of a policy, a victim may commence a personal injury action where he or she suffered a “serious injury” against the at-fault driver. This is a threshold consideration that keeps mild or moderate injuries out of litigation and in the no-fault realm. It is important to seek a lawyer’s assistance to determine if you have a serious injury and may be entitled to compensation in a Florida lawsuit.

Option 2: UM/UIM Coverage

Uninsured (UM) or underinsured motorist (UIM) coverage, sometimes referred to as supplemental uninsured/underinsured motorist (SUM) coverage, is an additional and voluntary option for motorists to purchase on top of their PIP. This policy add-on covers a driver and his or her family if the damages go above the PIP and bodily injury liability (BIL) coverage that the at-fault driver has. The total amount of UM/UIM is the total amount of compensation that a victim may be entitled to recover. This means if you have a total of $100,000 in medical bills and obtain $10,000 from PIP, you would be entitled to recover another $90,000 (total $100,000) if your UM/UIM policy was for $100,000.

This coverage is only for the individual who purchases it, meaning buying this coverage benefits just you and your family. Our Tampa Bay auto accident lawyers recommend obtaining as much UM/UIM as you can reasonably afford, trying at least for $200,000 in coverage in possible but $400,000-$500,000 is best.

When Workers Compensation Could Apply

In addition to no-fault insurance paying medical bills, if a victim was injured while within the scope of employment workers compensation may be the exclusive remedy. This is tricky because it can usurp no-fault insurance. It is also not preferred, as workers compensation will place a lien on your file and if you are able to collect compensation in a lawsuit against a defendant, you may have to pay back all or a portion of your workers compensation lien.

Do You Have Medical Bills After a Florida Auto Accident? Ask Us for Help

At Dumas & Sanclemente Law, we understand that being involved in a Florida auto accident can be a frustrating and confusing time. This is particularly if your medical bills are higher than the policy coverage, or if an insurance adjuster is undervaluing or even disclaiming your valid claim. This is why our Tampa Bay auto accident lawyers offer free consultations to advise you of your rights and, if we accept your case, there is no upfront fee for our lawyers to begin to work on your case. We also pay all upfront costs and disbursements of litigation. We only get paid our counsel fees and reimbursement of costs and disbursements if we recover compensation for you. This means there is no financial risk for you to hire our law firm.

Learn more about how we can help you today during a FREE case evaluation by dialing (844) 400-2667. You can also send us a message with our convenient and easy-to-use message box at the bottom of our contact us page available here.