If you were injured in a slip and fall accident or other incident that occurred because of dangerous conditions on property, you probably know that you have options under Florida law. It is possible to recover compensation for your losses, either through an insurance claim or in court. However, you may not understand the legal nuances and subtleties involved with these claims, which fall under the concept of premises liability.
As a result, if you try to represent yourself, you are more likely to make mistakes in the immediate aftermath and later on in the legal process. Ultimately, your claim may be denied or you will be forced to accept a lowball amount to settle it. You can avoid the first, most crucial error by retaining a Miami premises liability lawyer right away. In the meantime, keep in mind the following points so you do not hurt your chances of receiving full compensation.
- Not Getting Evidence from the Scene: If you are physically able on account of your injuries, collect as much information as possible at the exact location of the slip and fall accident. Take pictures and video with your cell phone, get contact information from witnesses, and make sure to note the presence of any surveillance video cameras.
- Waiting to Seek Medical Care: It is essential to get treatment right away after a premises liability incident, first and foremost for your health and well-being. In addition, seeking care affects your claim, since any delays could lead to the presumption that you really were not hurt badly.
- Telling the Insurance Adjuster the Whole Story: Never discuss the causes and contributing factors with the property owner’s insurance company, as you may make statements that harm your interests. Florida has a statute on comparative fault, in which your own actions are the focus. If you admit fault, even indirectly, your compensation will be reduced.
- Posting on Social Media: Avoid posting any comments, photos, video, or any other content in the aftermath of a slip and fall accident. Despite high level security and privacy settings, adjusters have ways to access your social media posts. They can use this information as a basis for denying your claim.
- Signing a Release from the Insurance Company: A release is a document wherein you give up all rights related to your premises liability claim, usually in exchange for a payment. Do not sign any paperwork presented by the insurance adjuster without first speaking to a lawyer.
Consult With a Miami Premises Liability Attorney About Your Legal Options
You are in a better position from a legal standpoint if you avoid these common mistakes with slip and fall claims, and you can trust our team at Gerson & Schwartz, PA to handle the rest. We will work with the insurance company to ensure you get fair, reasonable compensation for your losses, but we are ready to take your case to court if necessary. For more information on how we can help, please contact our offices in Miami, Fort Lauderdale, or West Palm Beach, FL to schedule your no-cost case evaluation.