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Myth 1: I was injured in a slip and fall accident in Florida, nothing is broken or bleeding. I don’t need to see a doctor, even if I plan to file a personal injury case.

Obviously, that is not true. If something is broken, or if you are bleeding, that might indicate a more severe injury. Many injuries that have significant impacts on individuals are often some types of soft tissue injury, such as the back or neck. Nothing has to be broken to have a significant injury. If you feel pain anywhere in your body, you should always seek medical attention to explore possible injuries.

Myth 2: Agreeing to a quick personal injury settlement in my slip and fall case is best for all parties involved.

The exact opposite is true. If the responsible party is willing to enter into a quick settlement, it usually means that they are avoiding paying more. They want to end the case before attorneys are involved. It can be a sign that the case may be worth a significant value. It is never a good idea to enter into a quick dirty settlement. Unless there is an attorney involved and it is some type of tender from the insurance company of their policy limits to limit their exposure, which in such a case that may be a viable resolution.

Myth 3: I was partially at fault for the incident that caused my slip and fall injury, but I can’t recover damages.

If someone assigns fault to themselves early in a situation, it is probably not a good thing. Sometimes you might feel pressured into signing something or admitting guilt in a situation. That does not mean that you are responsible for the accident though. Do not assume that you are responsible. You should speak with an attorney and get an opinion, possibly even get a second opinion. Even if you were partially at fault, that does not mean that he owner of the premises or another party was not also responsible. If that is the case, then you still have a right to recovery from the person with the other percentage of fault.

Just to break it down in simpler terms, if there’s $100,000 recovery, and the plaintiff is found to be 50% responsible, then the plaintiff is entitled to an award of the 50% of the $100,000. The myth that even if you have some responsibility for your own accident, you are prohibited from any type of recovery of damages is false.

Myth 4: If a property owner was not aware of the dangerous condition that caused my slip and fall accident and injury, there’s no chance I will win my case, correct?

No, that is not correct. The person who was injured has no way of knowing if the owner had knowledge of the dangerous conditions. There is no way for the injured party to make that determination. Additionally, the owner is not held responsible for having direct knowledge. They can be responsible for having constructive knowledge, if it is a condition that they should have known about.

Myth 5: In a slip and fall personal injury case in Florida, you can only receive compensation for your physical injuries, right?

Compensation comes in the form of damages and damages comes in a variety of different forms. Physical damages include medical bills and medical treatment that you have received for your physical injuries. However, there are several other parts of a damages claim that can include loss of wages, past and future loss of ability to earn your earning capacity as a result of the accident, how it may restrict your job, what you did before and what you were able to do before and after the accident, the mental and emotional aspects of how the injuries have impacted you in your life, or your convenience or inconvenience that has resulted from the incident. All of this is measured, including not only what has happened in the past, but also in the future, and how these things have limited you in the past and will continue to do in the future. There are variety of different ways, in addition to just the actual medical treatment that you receive for your physical injury, that you’re able to receive compensation for any personal injury.

Myth 6: Is it true you can’t pursue a slip and fall personal injury claim, if there was a warning sign where you had your accident?

Personal injuries cases usually depend on the specific facts of each case. Whether there was a caution sign or some type of warning sign in the area does not mean that sign was sufficient to provide notice or warning to the person specifically, regarding the dangerous condition that caused their accident. In other words, even if there was a warning sign in an area, it does not necessarily mean that it was in a sufficient area to properly warn you of the dangers caused by the dangerous condition that existed that day. Certainly, the myth will not prevent you from a recovery, if the actual signs were not sufficiently placed. It depends on the specific facts and circumstances of each case.

Myth 7: You don’t need legal representation or personal injury lawyer in a slip and fall injury case, if the fault of the property owner is clear.

It is always recommended that somebody have legal representation, because the reality is that is what a personal injury lawyer does every day. Personal injury lawyers are experts in handling these types of claims. Even, if the liability of the premises owner was clear, and you have not spoken to an attorney yet, the owner will offer you some type of settlement. If a property owner is willing to accept liability, in a case early on without somebody being represented, it usually means that they know that they are liable. They are going to attempt to get away with paying less in a settlement. You should hire a lawyer in order to make sure that you get the most value out of your case.

For more information on 7 Common Myths Of Trip And Fall Injury Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (786) 785-2555 today.

Geller Tamayo, LLC

Call Now For A Personalized Case Evaluation
(954) 379-8030 | (786) 785-2555