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Frequently Asked Questions

The following questions and answers are designed to briefly address some of the common questions clients ask us during consultations:

Will I go to court?

Most personal injury cases are settled prior to going to court. A trial is needed when the insurance company refuses to settle for the true value of the claim.

What should I do if I am in a car accident?

Call the police immediately so a report can be made at the scene of the car accident. Seek medical treatment. Keep in mind the shock of being in a car accident may hide any pain until hours or even days later. Do not speak to the at-fault driver's insurance company about your injury or agree to a recorded statement. Call us immediately.

Who pays off my bills if I am involved in a car accident?

In most cases, your own automobile insurance carrier will pay for medical bills regardless of who was at fault.

What is premises liability?

Premises liability law puts responsibility on a property owner for some injuries suffered by other people on his property. It can include accidents that take place in the owner's home, on the owner's property, or while a person is at another's place of business.

If I slip and fall at a business, what do I need to remember?

Premises liability law makes the person who owns the land or premises responsible if someone on those premises is injured. Often the law favors the premise’s owner, so it is advised to consult with an attorney.

In a slip and fall case, where a foreign substance is on the floor of a business causing you to fall and be injured, the presumption is that the owner did not maintain the premise in a reasonably safe condition. Simply because a hazardous condition is open and obvious, and you did not see it, does not put the burden of fault for the fall on you. Florida law allows a person who is injured as a result of a slip and fall accident to make a claim even if the owner of the business says that you should have seen the substance on the floor.

Under Florida law, the business owner that controls the premises owes you a duty to maintain the premises in a reasonably safe condition for the welfare of its customers on the premises. This includes a reasonable effort to keep the premises free from foreign objects or substances that might cause you injury.

If you are injured in a slip and fall accident:

Get the names, addresses, and telephone numbers of any witnesses who may have seen you fall. Also be sure to get the names, addresses, and phone numbers of any employees who may have seen you fall.
Try and remember anything that an employee may have said to you – sometimes they will come up and admit fault such as "I was supposed to have cleaned up that mess." That would be an admission against the employer to prove liability.
Make sure the incident is reported to the store manager.
Try to determine the substance that caused you to fall.
If you have a cell phone that takes pictures, take a photo immediately of whatever caused your accident. A disposable camera is sold in many stores and might be a quick answer to taking pictures of the accident scene.
If possible, try to determine where the substance came from. For instance, there may have been water leaking from a malfunctioning refrigeration unit. If you can show that the substance has been on the floor for an extended period of time, it indicates that management of the store had ample opportunity to clean up the substance before you fell.
Try to obtain a copy of the incident report prepared by the manager.
Get medical help immediately.

Oftentimes there is a defect in the property itself. Maybe steps are not up to code or there may be a structural problem with the premises that caused you to slip and fall. That’s why it is important to speak with one of our premises liability attorneys immediately so we can go out and take photographs and establish the defective nature of the property before the owner tries to correct it.

I was injured on another's property. Is there anything I can do?

You may be able to recover damages if the property owner's negligence caused your injury. A property owner is responsible to maintain the property in a safe condition. If the owner violated the proper duty of care for the property, he or she could be held responsible. But duty of care is not the same in all situations. For instance, a business owner has a higher duty of care to his customers than a homeowner has to someone trespassing on his property.

I was bitten by a neighbor's dog while walking in front of his house? Can I sue for damages?

If you were legally on another person's property or in a public place and were bitten by a dog, you may be able to file a personal injury lawsuit.

What does causation mean?

Causation is the connection between the defendant's negligence and the injuries sustained. In personal injury lawsuits, it has to be proven that someone's negligence caused your damages or injuries.