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Examples of Slip and Fall Accidents> Working With a Slip and Fall Attorney in Miami> Slip and Fall Lawsuit FAQs> Why Choose Elstein Legal to Represent your Case?> Contact Us for a Free Consultation>

Slip and fall accidents can cause serious injuries that require expensive life-long medical treatment, such as spinal cord or traumatic brain injuries. So it’s essential for slip and fall accident victims in Miami to explore all options for recovery under Florida law to ensure they get the compensation they need.

Miami slip and fall lawyer Brian L. Elstein, Esq., can help if you have injuries after a slip and fall accident due to an unsafe condition on a property. At Elstein Legal, we are passionate about providing personalized and high-quality legal representation for all accident victims in Miami.

Examples of Slip and Fall Accidents

Several types of accidents may qualify for compensation, including: 

  • Spills including water and other substances
  • Uneven sidewalks or flooring
  • Water left on the floor from mopping 
  • Debris left on the ground
  • Items left in a walkway like products in a store
  • Branches crossing a walkway
  • Railings and guardrails that are broken or inadequate
  • Poor building design that causes a fall
  • Rips in carpet
  • Too many people present in a location with poor lighting
  • Furniture or displays crowded in an area that causes people to trip

A slip and fall may occur from an even surface or an elevated height. Legal liability arises from the failure of the property owner to take adequate measures to maintain their property in a safe condition.

Working With a Slip and Fall Attorney in Miami

If you have been injured in a slip and fall accident in Miami, you may be responsible for costly medical bills, lost income if your injuries prevent you from working, and other damages that do not have a clear monetary value, such as pain and suffering.

You can seek compensation for those losses if the accident resulted from someone else’s negligence. Florida’s premises liability laws require property owners to take reasonable steps to prevent hazards from causing accidents on their properties.

Elstein Legal was founded on the idea that every person should have the dedicated, professional legal representation they deserve. We can represent you in your Miami slip and fall case, and pursue compensation on your behalf. We offer full-service legal representation and will advocate for you in court.

Slip and Fall Lawsuit FAQs

What Is a Slip and Fall Settlement?

A slip and fall settlement is an agreement for compensation to resolve a fall lawsuit. The parties agree on an amount that is fair to resolve the claim. Compensation may include economic and non-economic damages. 

It’s up to you whether to accept a settlement for a slip and fall claim. However, if you don’t feel that the other party is offering you a fair amount, you may want to seek legal advice. The slip and fall lawyers at Elstein Legal can give you honest advice about whether you should accept a settlement or continue to pursue your case.

Can I Sue if Water or Another Object Caused a Slip and Fall in Miami?

Florida law 768.0755 is the slip and fall law that applies to accidents in Miami, addressing premises liability for transitory foreign substances in a business establishment. The victim must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. 

The victim may prove their case by showing that the substance was there for enough time that the business should have discovered it and cleaned it up. Alternatively, they may prove that the danger was regular or foreseeable. Florida law Chapter 768 addresses negligence topics that may apply for slip and fall compensation claims.

How Long Do You Have To Report a Slip and Fall?

You have four years to report a slip and fall case and ask for financial compensation by starting a lawsuit in court. Florida law 95.11 creates a four-year limit for individuals to initiate a slip and fall case by filing a summons and complaint in court.

Insurance companies may try to stall your claim in the hope that you get frustrated, evidence gets destroyed, and witnesses forget what happened. You must formally start a lawsuit even if you’re already talking to the insurance company. Florida law 95.11 allows the defense to move to dismiss the claim if you don’t have it filed in court within the four-year time frame.

What Is the Average Payout for a Slip and Fall Accident?

The average payout for a slip and fall accident is $15,000-$75,000. However, each case is handled individually under the law. Your injuries may be more or less serious than those in other cases. A person who has suffered $15,000 in damages is no less deserving of fair compensation than a person who has endured severe injuries. The law recognizes the suffering of each victim.

Our slip and fall attorneys in Miami can help you understand the possible range of the value of your case. In addition, we can help you understand what steps to take to receive a fair amount of compensation that represents your total damages.

Is Comparative Negligence a Defense To Slip and Fall in Florida?

Yes, comparative negligence may be a defense to slip and fall in Florida. Comparative negligence reduces but does not eliminate a victim’s financial compensation for an accident. Examples of comparative negligence include improper footwear, distraction, trespassing, or an open and obvious danger.

How Long Does It Take To Settle a Slip and Fall Case in Florida?

It may take several weeks to more than a year to settle a slip and fall case in Florida. The timeline depends on the severity of the injuries, the complexity of the case, the time it takes to build evidence, and the timeline of pursuing the case in court. 

When the case is strong for the victim and the legal fault is apparent, it becomes easier to negotiate a fair resolution. Brian L. Elstein has the experience necessary to work on your claim as efficiently as possible. As a result, Elstein Legal can balance the goal of resolving the case quickly with the goal of maximizing compensation.

Why Choose Elstein Legal to Represent your Case?

Since opening Elstein Legal in 2018, Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.

Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.

2022 Florida Rising Stars Award Super Lawyers Magazine
The National Trial Lawyers: Top 40 under 40
Best of the bar
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If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need. 

Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.

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