You expect to be safe when you enter a restaurant, store, amusement park, hospital, vehicle repair shop, or any other establishment. However, people end up hurt in these and other establishments by tripping over something someone left on the floor, slipping on wet floors, having improperly stacked merchandise fall on them, or by poorly maintained equipment.
When most people think of a premises liability lawyer, they often think of a slip-and-fall accident. However, premises liability encompasses more than a slip-and-fall incident. Property owners and managers should keep establishments open to the public in a reasonably safe condition, including security against assaults and thefts, the soundness and construction of the establishment, and maintenance of sprinklers and fire alarms.
If you suffer injuries because owners and managers fail to keep their establishments clean and safe, you could recover damages if the court finds the owner or manager negligent.
Another’s negligent actions or inactions could cause severe injuries that might affect you for the rest of your life. Even minor injuries cause the inconvenience of not working and pain. A Spring Hill premises liability lawyer at Dolman Law Group Accident Injury Lawyers, P.A., can help you recover the compensation you deserve. Call our Spring Hill office for your a free case evaluation if you suffered injuries due to an establishment’s negligence.
Why Retain a Spring Hill Premises Liability Lawyer at Dolman Law Group Accident Injury Lawyers, P.A.
In most cases, establishments that are open to the public have insurance to cover them if someone is hurt. However, in some cases, the establishment might not have insurance. You can still settle with the establishment or take your claim to court to recover compensation for your injuries and other damages.
A Spring Hill premises liability lawyer has a legal team that helps investigate your case and determine who shares liability for damages. While this is an important reason to retain an attorney, another important reason is to ensure you recover the compensation you deserve.
Insurance companies are in business to make a profit. Every claim they pay out reduces their overall profit for the year. Thus, insurance companies will look for any reason to deny your claim. Barring that, they’ll find any reason to offer you a pittance by trying to place the blame for the incident on you.
If you suffered injuries in a store, restaurant, or other establishments that are open to the public, contact our Spring Hill injury lawyers for your free case evaluation.
Premises Liability Cases
Many circumstances could cause injuries in a premises liability case, including but not limited to:
- Slippery surfaces inside establishments.
- Slippery surfaces outside, such as from water, oil, chemicals, ice, and snow. While we don’t see much ice and snow in Florida, it’s not unheard of.
- Exposed wires, holes in concrete, rotten floorboards, and other construction defects
- Poorly maintained stairs and steps.
- Broken handrails.
- Poor lighting in parking lots.
- Debris left in aisles in establishments.
- Potholes in parking lots.
- Cracked sidewalks.
- Poorly maintained elevators.
- Negligent security.
- Swimming pool accidents
- Escalator accidents.
Property owners must keep the premises free of hazards for the general public. If the establishment knows of the hazardous condition and doesn’t repair it, it could face a civil lawsuit or, at the least, a premises liability claim against it.
Common Premises Liability Injuries
The injuries you might sustain in a premises liability accident could range from minor bruising to catastrophic injuries, depending on several factors, including what causes you to fall or what fell on you to how you land when you fall.
When a property owner fails to keep their property free from hazards, some of the injuries you might sustain include:
- Bumps, bruises, cuts, scrapes, and scratches.
- Face and eye injuries.
- Head, neck, and shoulder injuries.
- Traumatic brain injuries.
- Internal injuries.
- Back and spinal cord injuries.
- Dog bite injuries.
- Strains and sprains.
- Pulled and torn muscles and other soft tissue injuries.
- Simple and compound fractures.
- Foodborne illnesses.
Even if you don’t believe your injuries are serious, you should seek medical attention as soon as possible. Some injuries don’t manifest until hours or even days later. After seeking medical attention, contact a Spring Hill premises liability attorney at Dolman Law Group Accident Injury Lawyers, P.A. for a free case evaluation.
Recovering Damages After a Premises Liability Accident
Depending on your injuries, you could recover compensatory and punitive damages if another’s negligence caused your injuries. Compensatory damages have two categories—economic and non-economic damages.
Almost everyone who can prove negligence recovers economic damages. In most cases, only those who lost a loved one or suffered catastrophic damages recover non-economic damages.
Economic Damages
Sometimes referred to as special damages, economic damages have a monetary value and include:
- Medical expenses include doctor’s appointments, surgeries, and follow-up appointments, prescriptions, prescribed over-the-counter medications, and ambulatory aids. Medical expenses also include hand controls for your vehicle and updates to your home, such as wheelchair ramps, handrails, grab bars, and widened doorways.
- Therapy expenses, including occupational therapy, cognitive therapy, physical therapy, and psychological therapy.
- Lost income.
- Loss of earning capacity. Even if you can work full time, your injuries force you to take a lower-paying job, or if you can only work part-time, you could recover loss of earning capacity for the difference in your wages. You could recover the loss of earning capacity through the day you would normally retire.
- Death-related expenses, including funeral and burial expenses, cremation expenses, certain probate court fees, and probate attorney’s fees.
Non-Economic Damages
Sometimes referred to as general damages, non-economic damages do not have a monetary value and include:
- Pain and suffering, including emotional distress.
- Loss of quality of life if you have to make lifelong changes, such as using ambulatory aids or taking prescriptions.
- Loss of companionship if you can no longer enjoy time with your family or attend family activities and events.
- Loss of consortium if you can no longer enjoy a physical relationship with your spouse.
- Loss of use of a body part such as a foot or an arm.
- Loss of use of a bodily function such as your eyesight or bladder.
- Amputation of a digit or limb.
- Disfigurement and excessive scarring.
Punitive Damages
You can only recover punitive damages if you prove the defendant’s gross negligencve or that their intentional actions caused your injuries. Florida sets a high bar for recovering punitive damages since the court orders them to punish the defendant. However, in some cases, it is worth the extra time and effort it takes to recover punitive damages.
Spring Hill Premises Lawyer FAQ
Our clients often have many of the same questions when they come in for their free initial case evaluation. We will try to answer some of those questions here. Call our Spring Hill premises liability lawyers if you need more information on any of these questions or have additional questions. Your initial case evaluation is always free and without obligation.
+ The Insurance Company Offered Me a Check. What Do I Do?
Give the check and letter or documents that came with it to your attorney. Never sign anything without having an experienced Spring Hill premises liability lawyer review it. In most cases, if the insurance company sends you a check, it knows its client is at fault and is hoping you accept the check since it is most likely unfair and unreasonable—not the compensation you deserve.
+ What Kinds of Accidents Are Considered Premises Liability Accidents?
Premises liability accidents encompass several types of accidents, including dog bites, trip or slip and fall accidents, defective property, poor building security, malfunctioning elevators and escalators, fires, swimming pool accidents, amusement park accidents, and workplace-related accidents.
+ Can I Sue if I Suffered Injuries on Public Property?
Yes. However, some rules are different, and the Federal Torts Claims Act has some caveats. You should always contact a Spring Hill premises liability attorney as soon as possible. If the state, county, or another municipality owns the property, contact a premises liability attorney, as state laws differ.
+ How Long Do I Have to File a Premises Liability Claim?
The statute of limitations for personal injury in Florida is four years. If you miss this deadline, you can never file your case. Because several things happen before you take legal action, you should contact a Spring Hill premises liability lawyer at Dolman Law Group Accident Injury Lawyers, P.A., as soon after the accident as possible.
+ What if I Slip and Fall in a Hotel? Is the Hotel Liable for My Injuries?
If you can prove that an employee’s actions or inactions were negligent or intentional, you could recover damages in the form of the compensation you deserve.
+ Should I Take Pictures of the Incident and My Injuries?
If you are able to take photos, you absolutely should. After a slip-and-fall, the store owner or manager could “clean up” what caused you to slip or trip and fall. Pictures show evidence of negligence if it is involved in causing your injuries. If you cannot take photos of your injuries, have your doctor, spouse or a trusted friend or relative help you take photos.
+ How Do I Pay for a Premises Liability Lawyer?
Your initial consultation is always free and without obligation. Dolman Law Group Accident Injury Lawyers, P.A. works on a contingency basis. If we don’t win your case, you don’t pay. If we recover compensation, our fees and costs come from your settlement or court award.
+ How Do I Pay Doctors and Other Medical Bills While Waiting for My Settlement?
You can use your health insurance to cover medical expenses while waiting for your settlement. You can also ask for a letter of credit for your medical professionals that will ask them to hold off on collections as you are working on a settlement or are litigating your case.
In some cases, doctors will hold all billing if you let them know that you are working with an attorney, but it’s always better to obtain a letter from the attorney for the doctor or medical professional.
+ How Long Does a Settlement Take?
It depends on several factors, including the length of time the insurance company takes to respond to our initial demand letter. The insurance company could accept your initial demand, which is rare, it could come back with a counteroffer, or it could deny your claim.
A settlement could take as little as several weeks to as much as several months, depending on how many times you go back and forth with counteroffers. Even if your case needs to go to court, it may still settle prior to the court making a final decision. Insurance companies often work to avoid court as litigation costs can be very high. Once you file a complaint, the insurance company may reopen settlement negotiations.
Contact a Spring Hill Premises Liability Lawyer
If you suffered injuries or lost a loved one because of another’s negligence, contact a Spring Hill premises liability lawyer at Dolman Law Group Accident Injury Lawyers, P.A., as soon as possible. While the money you might recover doesn’t make you heal faster or bring back a loved one, it goes a long way in providing financial stability for your family, especially if your injuries prevent you from working.
Call (352) 612-3437 for your free, no-obligation case evaluation with our Spring Hill premises liability lawyers.