Dedicated Sunrise Slip and Fall Lawyer Serving South Florida
Accidents do happen, but sometimes, there is nothing “accidental” about them.
Minor accidents happen all the time: you nick yourself shaving, or stub your toe on the coffee table, or get a paper cut opening an envelope. It stings for a minute, then you forget all about it; no harm was done. Unfortunately, not all accidents are minor. Injuries can happen on someone else’s property and you may have to pay significant medical expenses to recover from your injuries, even though the cause of your accident was the negligence of another. “Accidents” like these may entitle you to compensations for what is known as premises liability. Getting help from an experienced Sunrise, FL slip and fall lawyer can make a huge difference when it comes to identifying negligence and requesting the deserved compensation. We represent injured victims in the Sunrise, West Palm Beach and Ft. Lauderdale areas.
Examples of premises liability
Slip and Fall: If you are injured because someone overlooks basic safety measures, such as posting a warning about wet floors, cleaning up a spill that exists on the floor, repairing a hole in the floor, or adequately covering a drain, the owner of the property is liable for damages. These damages could include recovery of medical expenses, lost wages, and money for emotional distress. Consult with our dedicated, Sunrise, FL slip and fall attorney, David M. Benenfeld, and find out how we can help you.
Toxic Chemicals: A property or business owner who exposes tenants and/or customers to dangerous materials like lead paint, mold or asbestos, can be held liable for any medical expenses or other related damages. This is true, even if the owner claims to have been unaware that there was a problem. A claim of ignorance is no excuse. It just means the owner did not conduct enough inspections to ensure the property’s safety. Another example of toxic chemical liability is when everyday chemicals are used incorrectly, such as chlorine in swimming pools. Improper regulation of the amount of chlorine used to treat the water can severely damage eyes and skin, and a spill can prove disastrous. Our premises liability law firm in Sunrise can help identify the causes of your injury and get the compensation you deserve.
Construction: Property owners have a responsibility to ensure the safety of customers or passersby when the property is undergoing maintenance or construction. For example, window washers, painters, electricians, plumbers and other laborers must make sure that their tools and other equipment are secure. Even a small bolt can severely injure a person if it falls from a great height. In addition, property owners have a responsibility to properly mark and seal off construction sites.
Lack of Security: If you have been assaulted, robbed, raped or otherwise injured while residing in an apartment or staying at a hotel, you should ask yourself how the crime was committed and the level of security provided by the property’s owner. The owner and manager of the property have the legal responsibility to ensure tenants and guests are adequately protected from criminals and intruders. Lack of control over who can gain access to the property, bad lighting, weak locks, an insufficient number of security personnel, or poorly trained security personnel, can all be considered negligent and grounds for a lawsuit for lack of security. Our Sunrise FL premises liability law firm can help bring you justice.
Negligent Security: Property owners have a duty to keep others safe from harm, including criminal assault and battery. If they fail to take adequate safety measures or to warn visitors of dangerous conditions, they can be held liable for negligent security. Negligent security claims involve issues such as forced entry, inadequate parking lot surveillance, poor lighting, improperly trained or inadequate security personnel, and more. Places, where negligent security is commonly cited as the cause of an injury, include hotels, apartments, theme parks, shopping malls, sports stadiums, hospitals, nursing homes, banks and ATM machines, stairwells, and elevators.
Children falling into swimming pools: Young children can drown in as little as 2 inches of water. In Florida, drowning is the leading cause of death among children between the ages of 1 and 4, and the drowning death rate among children who are 5 years old is the highest in the nation. Of course, many more children are severely injured from falling into a swimming pool or accidents in the immediate area. Many of these deaths and injuries are the result of lack of adequate fencing, insufficient or negligent supervision, inadequate warning signs, and improper maintenance. All of these situations are examples of premises liability. The owner or manager of the property can be held liable for medical expenses and distress resulting from the injury, or wrongful death if the child drowns.
Alcohol Liability: In Florida, bar owners can be held liable if an obviously intoxicated customer injures another person. The laws that govern this situation are known as Dram Shop Laws. Essentially, if a bartender continues to serve a customer who is already drunk and does not make an attempt to keep him or her from driving, the bartender and the bar’s owner have directly contributed to consequences of the drunken patron’s actions.
David Benenfeld: Experienced Premises Liability Lawyer for Injured Floridians
The average citizen of Florida is usually unaware of his or her rights as a guest, tenant or customer. Because of this, they rarely consider issues of liability after an injury or assault. David Benenfeld has been advising and working for the injured of Broward, Miami-Dade, and Palm Beach County for over a decade, and has helped many victims of premises liability secure the compensation they deserve.
By working closely with his clients and presenting cases firmly grounded in legal precedent, David Benenfeld has earned a reputation as a skilled and formidable attorney. This allows him to bring cases to a favorable close at a faster rate than most other personal injury lawyers.
Sources of Compensation
Most premises liability claims arise from accidents that occur at commercial establishments, such as stores, restaurants and grocery stores. Under Florida law, an employer is liable for the negligence of his employee, even if the employer itself is not at fault. For this reason, you can file a claim against a business over an accident caused by one of their employees.
Most businesses carry insurance that will pay out on premises liability claims. Even if the establishment’s insurance won’t cover your accident, the establishment itself is likely to be able to afford to pay. If you are injured in a private home, however, homeowner’s or renter’s insurance normally covers liability. In other words, you are probably going to have to negotiate compensation from an insurance company. To make the process more effective, quicker, and easier, hire an experienced Sunrise Florida slip & fall lawyer that will fight for your rights.
If you were injured at a commercial establishment with which you have a contractual relationship (a fitness gym, for example), your contract may require arbitration. You can still reach a settlement if the defendant is willing; however, you probably can’t take your claim to court. Arbitrating your claim probably won’t result in any disadvantage, except that you probably can’t appeal an adverse decision.
“I hired David Benenfeld for my slip and fall case thank you so much for all you have done. I loved the professionalism and the amazing help I received!”
— Olga M.
Some of My Practice Areas
In addition to slip & fall and premises liability cases, I also frequently take the following kinds of cases:
- Auto Accidents
- Bicycle Accidents
- Motorcycle accidents
- Nursing home abuse
- Personal Injury
- Social Security Disability Insurance
- Workers’ Compensation
- Trucking Accidents
- Wrongful Death:
But I Can’t Afford to Hire an Attorney for My Premises Liability Claim!
Yes, you can. The way that I have set up payment, it is ultimately the defendant who pays your legal bills. It works like this:
- I don’t charge any upfront fees for representation.
- Your legal bills will come due at the time the defendant actually transfers the money. At that point, your bill will be calculated as a percentage of your compensation, so you are guaranteed to come out ahead.
- In the unlikely event that you do not receive any compensation, I will not charge you any legal fees at all for my representation.
Seek Legal Help Immediately
Personal injury claims tend to grow cold over time, as evidence deteriorates (witnesses move out of town, for example). Meanwhile, the statute of limitations sets a deadline for filing a lawsuit. If you miss it, the defendant will have no incentive to settle with you – after all, if you can no longer force the money out of them, then why should they compromise and settle with you?
If you have suffered a slip and fall accident or were injured in some other way on someone else’s property, you may be entitled to compensation. Your chances increase if the accident resulted from an unreasonably dangerous condition on the property. Call David M. Benenfeld at 954-677-0155, or complete the online contact form, so that we can schedule a free consultation. Your Sunrise slip and fall attorney is here to help!
Slip and Fall Lawyer FAQ
Are slip and fall accidents in nursing homes different from slip and falls elsewhere?
Anytime an elderly person falls in a nursing home, it is concerning because there is more at stake for an older person. Seniors have weaker bones and have other frail conditions that can cause them to suffer worse injuries. In fact, some slip and fall accidents in nursing homes have led to the untimely death of residents.
Any slip and fall accident that is the result of a dangerous premises is cause for concern. Slip and fall accidents that take place at nursing homes are more alarming because nursing home workers have a greater duty of care for their residents. When nursing home staff members aren’t checking on their patients frequently and doing their jobs, or if a nursing home is understaffed, it is possible that slip and fall accidents are the result of poor care and not just dangerous grounds. To find out if you have a legal claim against a nursing home for the fall-related injury that you or a loved one suffered, contact the Law Offices of David Benenfeld for a free initial consultation today at (954) 677-0155.
I suffered a shoulder injury as a result of a slip and fall accident, which left me with permanent loss of range of motion. How much can I recover for permanent damage?
When any type of accident causes a victim to suffer permanent damage, the personal injury claim will be worth more money than a claim involving a minor injury. This is especially the case if your permanent shoulder injury and loss of range of motion causes you the inability to work. If you cannot perform your job functions, you will be unable to work and make a living.
In addition to seeking compensation for lost income and future lost wages and benefits due to permanent damages, you may be able to seek compensation for emotional damages and pain and suffering. When people with injuries can no longer earn a living doing the job they have experience in and are trained to do, they can become depressed and lose their self-worth. If this is the case, counseling and therapy will be needed to help victims heal their emotional wounds. In this event, victims with emotional damages will need to be compensated for counseling costs.
As you can see here, each legal case has many factors that will establish the value. The main factors that determine case worth are the extent of the injury, whether or not the victim lost wages, and if the victim will be able to earn a living in the future. For a free consultation and to talk about your slip and fall claim in more detail, contact the Law Offices of David Benenfeld today at (954) 677-0155.
If I don't accept the insurance company's settlement offer after my slip and fall accident, will I be able to collect more by going to trial?
There is no guarantee that you will receive an award when presenting your case in front of a judge and jury. However, the Law Offices of David Benenfeld wouldn’t take your case unless we feel you have a valid slip and fall lawsuit that is worth pursuing for more than the insurance company’s settlement offer.
The insurance company has a limit they are willing to spend on settling your case, and they are hoping they can settle it for as little money as possible. It is important to note that settlement offers can always be negotiated. So if the insurance adjuster has presented you with an offer, you can always negotiate their first offer higher. After that, it can take some convincing and a trained lawyer to get your settlement offer raised higher.
For legal representation and to have a lawyer on your side who knows how to negotiate claims to the fullest, call the Law Offices of David Benenfeld. By calling (954) 677-0155, you can speak with a knowledgeable slip and fall accident attorney in a complimentary consultation today.
How do I go about getting a witness to testify in my favor after my slip and fall accident at a movie theater?
Hopefully, you collected the witness’s name, phone number and address following your slip and fall accident. It’s a difficult thing to remember when you are likely embarrassed from falling and in pain. However, witnesses can add strength to your slip and fall injury claim and help you collect the compensation you deserve.
If you have his or her information, you can ask the witness if he or she would be willing to provide a voluntary account of what happened. If the witness doesn’t want to cooperate, you can ask your lawyer to contact the witness to try and explain why testimony can help your case. If the witness still doesn’t want to cooperate, your lawyer can petition the court to request the court to subpoena the witness.
If your witness is unavailable during your trial, your attorney can get his or her testimony before hand and the statement can be read in court. Because most injury cases get settled outside of court, it is likely that the witness will only have to give a deposition. If your case does go to trial, your attorney can help prepare the witness so that the witness to your case isn’t nervous or hesitant to appear in court.
To learn more about testimony in court and how to proceed with your slip and fall injury claim in Florida courts, contact the Law Offices of David Benenfeld today at (954) 677-0155 for a free consultation with an injury attorney.
If I got hurt from falling on my neighbor's property, does my neighbor's insurance or my own insurance cover my injuries?
Your neighbor has a duty to keep his premises safe and hazard-free. If your neighbor failed to do so, or failed to repair a known hazard on his property, he could be liable for your injuries. This would mean that you could pursue an injury claim with his insurance company and collect financial compensation for your medical bills, lost income, and other damages that you suffered as a result of your injury.
On the other hand, if your slip and fall accident occurred as a result of your own clumsiness, failing to tie your shoelace, poor vision, or because you were impaired after leaving a party at your neighbor’s home, you may be liable for your own injuries.
You can only pursue a claim against your neighbor’s homeowner’s insurance if your neighbor was negligent. If he wasn’t negligent, you can submit your medical bills to your own homeowner’s insurance under Med Pay; however, Med Pay only pays a portion of medical bills. If your injury isn’t too serious or too expensive, it is probably best to use your own medical health coverage and pay your deductible out-of-pocket instead of filing a claim.
If you believe negligence was involved, it is best to contact an experienced slip and fall accident attorney immediately. To talk about your case in detail, call the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation with a Florida slip and fall injury lawyer.
What Are Some Things I Should Ask My Lawyer in Regards to My Slip-and-Fall Case?
The things that you should ask your lawyer if you’ve had a slip-and-fall case is if they have ever handled these kind of claims before. How long they anticipate it might take for your claim to be over. In addition to that, if there are any medical payments that are available from the other side because of your slip and fall, and medical payments is a portion of an insurance policy which will pay a portion of your medical bills no matter who is at fault.
You want a roadmap as to exactly how your claim is going to work and what’s going to happen. Are there any witnesses that they are going to talk to? Will they hire any experts to help on your claim? Will they talk with your doctors? Things of that nature would be very helpful so that you know exactly what to expect on your claim and what’s going to happen on your claim.
Contact the Law Office of David M. Benenfeld if you have been injured in a slip and fall accident. We can help you know what to ask and how to get answers.
What's the Best Kind of Lawyer to Get For a Slip-and-Fall Case?
The best kind of a lawyer to get for a slip-and-fall case is an attorney that does personal injury and has handled slip-and-fall claims before. You don’t want a general attorney. In addition to that, you want to hire somebody that you actually talk to that understands what has happened to you, that you connect with, and that will actually listen to you, empathize with you, somebody that you actually feel is going to help you. The best answer I can give you is, ultimately, you have to go with your gut on it.
If you talk with somebody and it’s difficult to talk with them or it’s a struggle to talk with them, they’re not very helpful, they’re not very friendly and they don’t seem to have all the right answers to the questions that you are asking or they are fumbling around for information, this is not the law firm that you want to help or handle your claim. You want somebody that’s there for you every step of the way, which we are.
Have you been in a slip and fall accident? You need an experienced attorney to take a look at your case and get you the compensation you deserve. Contact us today for a free consultation.
How Can Social Media Ruin Your Slip-and-Fall Case?
Social media can destroy any case, whether it’s a slip-and-fall case, an automobile accident case, a wrongful death claim, a work related accident, any kind of claim whatsoever. A lot of people seem to post on social media things that they are doing and things that they think are fun.
For example, if you are on social media and you are going to a party and at that party you are drinking a beer and you are dancing around and you post on social media a video of you dancing or a picture of you holding a beer and you want the other side now to believe that you have had an accident and you are seriously hurt, or you can’t go and have fun or you can’t do certain things. If they find that you are on Facebook and they see your 15-second video of you dancing around, they are going to use that against you and they are going to use that to make negotiations very difficult.
Ultimately, that’s going to be shown to a jury and the jury will make a decision as to whether or not you were actually as badly hurt as you say you are. Now, granted, you may testify and you may tell them that, “Listen, even though I was dancing for 15 seconds, when the 15 seconds was over, I laid down on the couch and couldn’t move for the next hour.” The question is are they going to believe you or not?
Ultimately, is a decision that is better left not to do it at all. There is no reason to ask for things that can hurt you. Therefore, it’s really not that important to post on social media things that can hurt you, so it’s best to stay away.
Contact us today to discuss your slip and fall case with an experienced attorney. We can help you get the compensation you deserve.
What Not to Do After Your Slip and Fall?
After you’ve had a slip-and-fall accident, you should never give any kind of tape-recorded or written statements to anyone. Certainly, you can document how an accident happened, but as far as giving any kind of written or tape-recorded statements, you absolutely should not.
The second thing you should not do is not go and see a doctor. A lot of times after somebody has a slip-and-fall accident, they say to themselves, “Listen, I have some back pain, but I’ll be okay,” so they wait and they take aspirin and they use a heating pad and they wait and wait and wait and then a month or two months later, they say, “It’s not getting any better. Now, I’m going to go see the doctor.”
At that point, it makes it very difficult for the insurance company to actually take note that right after the accident, you were suffering with a lot of pain because you never saw the doctor. Waiting to get medical care is not helpful at all. After you’ve had an accident, it’s also very important to see an attorney immediately so that evidence can be preserved.
For example, maybe you’ve had a slip and fall on a raised sidewalk and you decide that you’re not going to go and get any medical care or anything else or you decide that you took a picture and you think “that picture is okay!” Later on you want to pursue the claim. Well, maybe you didn’t take the right kind of picture, maybe you didn’t do it the way it how it should be done where there are measurements taken with rulers. Maybe the attorney would have hired an engineer to go out there and take a look at certain things.
It can’t be done now because you told the city that you had a slip and fall, for example, and the city went out and fixed the sidewalk. Before you do anything, the most important thing is, one: get medical care; two: don’t give written or recorded statements to anyone and three: immediately seek legal counsel.
Contact David M. Benenfeld today to discuss your accident and injury. He has the expertise and experience needed to help you win your case.
Is My Slip-and-Fall Case Going to Take Years to Finish? Is it Even Worth It?
Slip-and-fall claims depend on what your injuries are. As a general rule, if you’ve had a slip-and-fall claim and you have a soft tissue injury, which means you don’t have any broken bones, you don’t need surgery and you have conservative medical care, the doctors usually can finish with you with physical therapy anywhere between three to six months. At that point, a settlement proposal can be made to the other side, so as a general rule, you can be done within about a year.
For other cases where you have more significant injuries, if you have a broken bone, you need surgery, or you need injections, these claims generally take longer because the medical care takes longer. We can’t really settle a claim until we know the full value of somebody’s damages.
We can’t settle today for X amount of dollars if you’re still getting active medical care because, let’s assume for argument’s sake that you do settle the case and you settle it based on that somebody needs surgery and they have that surgery. Unfortunately, the doctor does something wrong in that surgery and, now, medical bills are enormous and much more than anticipated. If you had settled your case before the surgery there would have been a large problem.
It is never wise to ever settle any kind of slip-and-fall claim or any claim for that matter until you know the full extent of your damages. Once you do, then certainly it’s okay to settle the case but before that, you should not do it. If you have something beyond a soft tissue injury, it usually takes more than an year but, again, it all depends on how long it takes you to heal, which is based upon you, your body and the doctor and the medical care that you need and, ultimately, yes, it is worth it.
Contact us today for a free case evaluation. Once we determine you have a case, we can help you get compensated for your injuries.
Guess What? Slip-and-Fall Cases Don't Only Happen to Older People
Slip-and-fall cases can happen to anybody. Whether you’re young or whether you’re old or whether you are in the middle, it can happen to everybody because the reality is that when you walk, especially if you’re in a store or a public place, your eyes really are not trained to look towards the ground.
Most of the time, we look straight ahead and you might be looking at shelves or you might be looking at items to purchase on those shelves or you might be at a clothing store or you might be looking at the clothing on a rack, so you’re not necessarily looking at the ground and because of that, you might suffer with a slip and fall – whether you’re young, you’re old or you’re middle-aged it really doesn’t matter, slip and falls occur to everyone.
Contact our offices today for a free case evaluation. We can help you get compensated for your slip and fall injury.
Some Common Misconceptions About Slip-and-Fall Cases
Some of the common misconceptions about slip-and-fall cases are that when people slip and fall, they say, “It’s my fault. No big deal” and then they run off all embarrassed and find out the next day that they really have a lot of pain. Once you’ve had a slip and fall, the most important thing to do, and there are numerous things, is, one, take pictures of the area where you fell. Pretty much everyone these days has a cellphone that has a camera. Take a picture.
In addition to that, if you are at a store or a public area, make a report, tell the manager and keep a copy of that report. If they don’t give you a copy of the report, after you’ve filled out whatever you’ve filled out, take a picture with your phone.
If there is a witness that walks by that saw you, ask for their name, ask for their phone number. So, that way, if the insurance company ever tries to deny that you had an accident or say, “There was no water on the floor,” or “The floor wasn’t slippery,” you have the pictures, you have the statement and you have the witnesses.
This way, if everything is fine the following day and you’re not feeling pain, then you don’t pursue the case. If you find that you’re feeling pain the following day after this incident and the pain is not going away, that’s when you should contact a lawyer and pursue your claim. Contact our offices today to discuss your case. We can help you get compensated for the injuries you sustained.
I May Not Ever Be Able to Walk or Work the Same Way Again. How Will I Get Compensated?
For most people that have significant incidents or significant trip and falls, and each person is different, it usually leaves them with a residual that they have for the rest of their life. You get compensated by filing your claim against the negligent party or the entity that caused the accident and after analysis of what your medical issues are, after analysis of how the accident happened, after analysis of what your lost wages will be, what your pain and suffering will be over the course of your life, these are then put together and presented to the insurance company and settlement offers are made.
Ultimately, it’s up to you as the client to decide whether or not you wish to accept their settlement offer. If you do, case is over and done with. If not, a lawsuit is filed and then, ultimately, it’s up to a jury to decide what the value of all these different things is such as, again, your lost wages over the course of your life, the change of life circumstances, the pain and suffering that you have, if you’re married, your spouse’s claim for you and how your life has changed, how you guys interact together etc.
Contact the Law Office of David M. Benenfeld today to discuss your case. We can help ensure you are compensated for any injuries you sustained. We offer a free initial consultation, call us today.
I Slipped and Fell. How Much is An Attorney Going to Cost?
If you’ve had a slip and fall, my office works entirely on a contingency fee basis, which means that if there is no recovery, you don’t pay a dime. Essentially, you have us working for you for free. We pay the costs upfront and, again, if there is no recovery, you don’t pay anything.
Typically, we charge thirty-three and a third percent before a lawsuit is filed. If a lawsuit is filed, we charge forty percent and all of these costs are in addition to those fees. Again, if there is no recovery, you don’t pay anything.
Contact us today for a free consultation to see if you have a case. Once we determine you have a case, there is no fee until we win it for you.
You Slipped and Fell at a Large Chain. Don't Let that Intimidate You
If you suffered a slip and fall at a large chain restaurant, let’s say, or a huge employer such as Wal-Mart, Target, Olive Garden, McDonalds, etc., they do have lawyers, but guess what? You do too. The fact that they have a lawyer really shouldn’t go into your evaluation of whether or not you should pursue a claim at all. If you’ve been hurt and you’ve suffered an accident, then absolutely you should pursue your claim.
I’ve handled cases against Home Depot, FPL, AT&T, American Airlines, Winn-Dixie, Publix, Albertsons, The Gap, and other major chains. It really doesn’t matter who the entity is or who the chain is. If you’ve had an accident and you’ve been hurt, you absolutely should pursue your claim.
If you have been injured in a large chain store or establishment, contact us today. We can evaluate your case and help you get any compensation you are eligible for.
How to Know if Your Slip and Fall Case is Worth Pursuing?
If you’ve had a slip and fall and the floor was wet or there was a raised piece of sidewalk or a broken piece of sidewalk, for example, or the lighting wasn’t adequate or there was a slippery substance on the ground, you absolutely owe it to yourself to pursue the claim. The only way you can find out whether or not it’s worth pursuing is by getting a medical examination to see what’s wrong with you. If you go to that medical exam and the doctor tells you you’re fine and you’re feeling fine, you should not pursue that claim.
If you are having chronic, ongoing pain and you go and see the doctor and the doctor recommends that you are going to need lots of therapy or surgery and a whole bunch of different diagnostic studies such as EMG tests and MRIs and X-rays, then you absolutely should pursue it, because we really don’t know how long it’s going to take you to heal and what exactly your damages are.
The short answer is if you have a slip and fall and you are injured, you should pursue it. If you’re not injured, don’t pursue it at all. Contact us for a free case evaluation. If you do have a case, we can help make sure you are compensated.
How much money can I get after a slip and fall injury caused me to suffer permanent range of motion loss in my shoulder?
Finding out the amount an injury claim is worth is one of the most common questions. While this is normal to want to know, the answer isn’t black and white. The worth of every slip and fall injury claim depends on the extent of the injury as well as the types of damages victims suffer. For example, a surgeon who needs his shoulder to perform operations properly may suffer an entire lifetime of lost wages due to permanent loss of motion in his shoulder.
When a slip and fall accident causes a victim to suffer lost wages, a career change, and permanent physical damages, it is a serious matter that needs to be looked at by a skilled attorney. In fact, slip and fall accident victims who suffer any type of injury should take the time to meet with an experienced slip and fall injury lawyer.
To make sure you collect the compensation you are due and the true value of what your claim is worth, contact the Law Offices of David Benenfeld today at (954) 677-0155 for a free consultation with a Fort Lauderdale slip and fall injury lawyer.
What should I do when a business owner told me I should have seen the hazard that caused my slip and fall accident?
Business owners will often say and do anything to limit their liability in slip and fall accidents. They don’t want to have to pay out any money or file a claim with their insurance carrier due for fear of a rate increase. As a result, some business owners may deny the hazardous condition or blame the victim for suffering a slip and fall injury on their property.
When a business owner acts this way, you need to make sure you do everything you can to protect yourself, such as:
- Take pictures of the hazardous condition before it gets repaired.
- Ask any witnesses for their contact information.
- Seek medical treatment immediately.
- Talk with a slip and fall injury lawyer.
Just because the business owner is blaming you for your slip and fall injury, doesn’t mean he or she is correct. To find out if you have a valid injury claim, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with an experienced South Florida slip and fall injury lawyer in a free consultation today.
I fell at a hotel I was staying at. I think the hotel is responsible for my injury, but how do I know?
Not every fall is the fault of a business or property owner, but it definitely can be when grounds aren’t taken care of. When a hotel or resort acts negligent, careless, and fails to maintain its grounds, the hotel may be liable for falls that occur as a result.
It may be difficult to determine if the hotel is responsible for your slip and fall injury in the immediate aftermath of your accident, but here are some factors that will help you determine liability:
- Did the hotel have control over the situation? For example, did the fall occur at the pool where a guest created a huge splash that caused the sidewalk to become wet and slippery just as you were walking by? Or did your fall occur as a result of an employee’s actions? Generally, hotels are responsible for the actions of their employees but not of guests; however, they could be liable if they didn’t clean up the slippery condition or post caution signs in a timely manner.
- Did a hotel employee know about the dangerous condition that led to your slip and fall accident? If so, was there time to repair the hazard or warn guests about it? If the hotel knew about the hazard and had time to correct it but didn’t, then they may be responsible for your slip and fall injury.
In slip and fall accident cases, it is best to work with an attorney. A lawyer knows how to investigate this type of accident and how to strengthen your claim. To talk about your case in more detail, contact the Law Offices of David Benenfeld today at (954) 677-0155 for a free consultation with a skilled Florida slip and fall lawyer today.
I wasn't watching where I was going and slipped on the stairs and fell, but the staircase in the parking garage had a broken handrail. Can I file a slip and fall injury claim?
You may have a valid slip and fall injury claim; however, I would like to discuss the specifics of your case in more detail. Were you running, texting while walking, or doing something that would cause you from walking down the stairs in a safe manner? If you were taking every reasonable effort to stay up on two feet, you may have a claim.
It is fairly normal to walk down the stairs without staring at every step you take. You trust that the stairs are there and in good condition, and if you did trip, you know the handrail would be there to grab so you could break your fall. If the handrail was broken or missing, the property owner could be liable for your injuries.
Even if the property owner didn’t know about the broken handrail, he or she could still be responsible for failing to pay proper attention to the premises. Property owners have a duty to care for their grounds so that people do not suffer needless injuries that could have been prevented with upkeep and care.
To talk further about your potential slip and fall accident claim in Florida, you can contact the Law Offices of David Benenfeld for a free consultation at (954) 677-0155 and speak with a trusted slip and fall injury lawyer.
What is a slip and fall head injury case worth?
Any type of head injury, especially a traumatic brain injury, can affect a person for a lifetime, resulting in physical, emotional, behavioral and financial changes. Because someone with a head injury might not be able to work or hold the same type of position he or she did before the slip and fall accident, a victim of a head injury should seek financial compensation through a personal injury lawsuit.
Even though you may be entitled to a financial recovery if your injury was caused from someone else’s negligence, we cannot assign a specific worth to your case because there are many variables. All brain injury cases have different values depending on the following factors:
- Extent of your injuries
- Medical expenses and need for future medical care
- Lost income or future lost wages
To learn about your rights to a financial recovery following your brain injury and to make sure you get the most compensation possible after a slip and fall accident in Florida, contact an experienced Fort Lauderdale premises liability lawyer at the Law Offices of David Benenfeld. Call 866-9-HELP NOW or 866-943-5766 for a free consultation today.
I know elderly people are more prone to falling. How can I help my elderly mother avoid a slip and fall accident?
It’s true. Unfortunately, as people age, their bodies are more wobbly and they have a hard time walking. As a result, elderly people, in general, are more prone to falls than those who are younger and stronger. In addition, seniors are typically fragile and have weak bones, making it easier for them to get injured in a slip and fall accident in Florida.
While some slip and fall accidents aren’t preventable due to environmental hazards, spilled liquid, neglected maintenance, and overall negligence on the part of someone else, seniors can help reduce their risk for falling.
According to the Brain Injury Association of America, elderly individuals should take the following steps to minimize being in a slip and fall accident:
- Get regular eye examinations
- Wear shoes with a non-slip sole
- Stretch and exercise to build strength and flexibility
- Ensure the proper lighting is in the home
- Keep homes and walkways clutter-free
Because seniors over the age of 75 are more likely to fall and suffer a brain injury or other serious injuries, relatives can help make sure their elderly loved ones are taking these steps to reduce their fall-related injuries. However, even seniors who have taken these steps might be a victim of a slip and fall accident due to someone else’s negligence.
If you or a loved one has been injured in a slip and fall, it is important to speak with a premises liability attorney in Florida who can share with you your rights and help you pursue justice. You can reach the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.
My Son Was Injured When He Was Shopping And Merchandise From Overhead Came Crashing Down On Him. Do We Have A Legal Claim?
Although rare, merchandise that is stored high on shelves has been known to shift and fall. Sadly, unsuspecting customers are often injured as a result. Stores have an obligation to keep their premises safe and secure merchandise from falling on top of customers. When they fail to secure merchandise and keep their grounds safe, injured victims can hold stores liable for their injuries.
A claim of this nature would be considered a premises liability lawsuit in Florida, and you should speak with a knowledgeable lawyer about your rights. Your son may be entitled to compensation for his ambulance ride, ER visit, hospital bills, all other medical expenses, pain and suffering, and other damages. However, stores and their insurance companies will not want to give you the amount of money your case is worth.
This is why it is important that you work with a skilled Broward County premises liability attorney who will answer your questions, protect your interests, and ensure you get the maximum compensation possible in your case. Contact the Law Office of David Benenfeld at (954) 677-0155 for a free consultation today.
How Do Falling Merchandise Injuries Occur?
Many stores stack their inventory high on shelves above the ground. Sometimes, these shelves are 15 feet or higher above eye-level, which is why customers typically don’t stop to think about the merchandise that is stacked above their heads. Unfortunately, merchandise has fallen off of stores’ shelves and onto people below—causing serious injuries.
Some of the reasons why falling merchandise injuries in Florida occur include:
- Unsecured merchandise. Sometimes stores do not use nets, railings or other boundaries around stacks of merchandise. As a result, products can shift and fall to the ground on top of customers. This is why stores should use some sort of security device around stacks of merchandise.
- Improperly stacked merchandise. When merchandise gets stacked up on the shelves above the aisles, employees have to use ladders and lifts to get the products down. Sometimes, items may shift during the process and tumble onto the sales floor below.
- Lack of warning. If a store is aware of an unsafe condition with stacks of merchandise but doesn’t put out warning signs to keep customers out of the unsafe area, shoppers may walk into a dangerous situation.
- Triggers. Sometimes earthquakes, vibrations, or shopping carts or equipment crushing against shelves can cause products to come tumbling down, injuring shoppers.
If you or someone you love has been injured by falling merchandise in a store, you need to seek the advice of knowledgeable South Florida premises liability lawyer, David Benenfeld.
Can Sleeping Pills Cause Florida Slip and Fall Accidents?
W.C. Fields once said “The best cure for insomnia is to get a lot of sleep.” This quote is seemingly obvious and desperately relevant to anyone who has a hard time sleeping.
Insomnia is a disorder that plagues thousands of adults who wrestles with being able to fall asleep, or rather able to stay asleep. Over 40 MILLION Americans have been formally diagnosed with a sleep disorder. Since sleeplessness has become almost as typical as the common headache, so has its form of remedy. Over 37 million prescriptions for America’s first top choice of sleeping aid prescription, Ambien, are written every year. Research has discovered one predominant side effect of taking Ambien—the increase of slip and fall accidents and injuries.
Do you have Insomnia?
- Difficulty falling asleep at night
- Awakening during sleep at night
- Awakening too early
- Daytime sleepiness or fatigue
- Irritability, depression, anxiety
- Tension headaches
- Stressful life events
- Everyday anxiety
- Depression and sadness
- Medications that disrupt sleep
- Alcohol, caffeine, or nicotine use
- Medical conditions
- Eating too late at night
It’s not uncommon for most people struggling with insomnia to rush to requesting a prescription drug for their insomnia. Since people who struggle with sleep disorders already feel overwhelmed with various issues that are conflicting with their ability to rest, adding a nightly pill seems like an easy fix. The most common prescriptions used for treating insomnia include Ambien (zolpidem), Lunesta (eszopiclone), and Sonata (zaleplon).
Sadly, recent research has shown a rapid rise in slip and fall accidents of those who take Ambien. In fact, the Substance Abuse and Mental Abuse Health Services recently published a report showing a dramatic 220% increase in ER visits related to taking zolpidem, which is the active ingredient used in Ambien. Since its inception in 1993, Ambien has become the number one prescribed medication for sleeping disorders.
Patients who are injured due to the use of Ambien are likely eligible to file a personal injury legal claim and receive compensation for their slip and fall accident. Individuals who have a South Florida slip and fall accident can incur serious injuries that change every area of their personal and professional life. Victims of slip and fall accidents may consider seeking the expert advice of a South Florida Slip and Fall Attorney.
When you or a loved one suffered from severe effects and complications associated from a slip and fall accident related to Ambien, it is essential to talk with an experienced South Florida injury attorney. The Law Office of David Benenfeld is here to help. For or a free legal consultation and book call today: (954) 677-0155.
What Should I Know About Dealing With Insurance Companies In South Florida If I Was Injured On Someone Else's Property?
When a person is injured due to the fault of another, insurance-related questions and concerns immediately arise. If a negligent party directly caused someone’s injuries, then the victim and his or her family is faced with the difficulty of dealing with insurance companies.
Insurance claim adjusters have well tuned skills when it comes to pressuring accident victims to sign papers, give recorded statements, and deal exclusively with them. Often an individual may not realize that the adjuster is well trained at offering the lowest possible settlement to the accident victim. Many Florida residents don’t realize that they may have signed off too early, simply due to pressure, confusion, and lack of experienced advice.
Contact the law offices of David Benenfeld and let us deal with the insurance companies for you.
Why Is It That Every Store Aisle Must Place 'WET FLOOR' Signs To Obstruct Shoppers From Walking? I Understand They Are Trying To Warn Consumers, But It Is Highly Annoying!
Like it or not, many store owners view these nuisance causing signs as a necessary evil to protect themselves against slip and fall lawsuits in Broward County. Property owners are often liable for slip and fall accidents, especially when the floor surface is wet and they fail to warn consumers or residents. Whether recently mopped for daily cleaning, or soaked from a broken jar of salad dressing, citizens are complaining that these WET FLOOR hazard signs are actually causing more trip and fall accidents than the floor itself.
Legally speaking, whether a person trips and falls over the sign is immaterial. The store owner has a legal responsibility to warn consumers of the fall hazard. It is important to mention however, that many times these signs are left out far longer than necessary and management would be wise to remove in due time.
If you have been injured in a slip and fall accident, a skilled South Florida Slip and Fall Attorney can assist you in processing your settlement. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
Why Does Wal-Mart Keep Making The News For Being Liable For So Many Slip And Fall Accidents?
Wal-Mart, among many others, have been found liable for not upholding specific safety standards necessary to prevent serious slip and fall accidents. In St. Lucie, Florida, a man was recently awarded $1.3 million for slipping and falling over a Gatorade display. With the plethora of serious slip and fall injuries, citizens are left speculating if larger corporations are showing such negligence in preventing accidents.
You are likely eligible to file a personal injury legal claim and receive compensation for a slip and fall injury. Individuals who have a slip and fall accident can incur serious injuries that may change every area of their personal and professional lives.
If you or a family member have been injured from a slip and fall accident caused by damaged stairs, it is important to talk with an experienced South Florida Personal Injury Attorney.
If you need assistance to determine if you should pursue your slip and fall claim, the Law Office of David Benenfeld is here to help. For or a free legal consultation and book call today: (954) 677-0155.
Who Should Be Held Responsible For Your Florida Slip And Fall Accident?
A: In premises liability cases in Florida, establishing fault in slip and fall accidents can be difficult depending upon the specific situation. Sometimes establishing who should be held responsible is not a simple process.
If your Florida slip and fall accident occurred at a restaurant, grocery store, business office, or apartment complex, the property owner may be held liable for your accident and injuries if you can prove that:
- The property owner was responsible for the dangerous condition, such as slippery floors that led to the slip and fall accident
- The property owner knew about the danger or should have known about the hazard because a “reasonable” person would have been able to locate the danger and attempt to correct it or warn others.
- The property owner knew about the unsafe condition, but did not try to correct the danger or post warning signs.
In a Florida premises liability case, you need to prove that the property owner’s negligence caused your accident and injury.For help proving liability in your Florida slip and fall accident, call Fort Lauderdale slip and fall attorney David Benenfeld at (954) 677-0155 for a free consultation.
Who Is Responsible For My Ankle Injury After I Fell On Uneven Pavement Outside A Grocery Store?
Once you pin point where you fell, you can determine which party may be responsible. For instance, if the fall took place in the grocery store, then the store owner or company may be liable. If your South Florida slip and fall accident took place in the supermarket’s parking lot, then the grocery store may or may not be liable. The store may not be liable if they don’t own or manage the parking lot. If that’s the case, another party that owns or manages the parking lot may be liable for your fall injuries.
Additionally, if your fall from uneven pavement took place on the sidewalk or city street next to the store, you may have a potential Florida premises liability claim against the city; however, there are strict statutes of limitations in these types of claims.
Because of the complexity of slip and fall claims, it is best to speak with an experienced Broward County slip and fall attorney to find out if you have a claim and if you can get compensated for your medical bills and lost income that was a result of your ankle injury.
Sustaining an ankle injury can be a serious matter, and those responsible should be held accountable for your injuries and pain you suffered. To find out more about your legal options regarding your specific slip and fall case, call the Law Offices of David Benenfeld at (954) 677-0155 to talk with a skilled accident attorney in a free, no-obligation legal consultation.
Who Is Responsible And Pays For My Slip And Fall Injury?
If your fall was caused by poor maintenance, poor lighting, spilled liquid, or a design defect, you should not have to pay for your injury. You didn’t ask to be injured, so why should you have to be stuck with the bill in addition to the pain of your injury? There are many parties that may be liable for your Florida slip and fall injuries. These parties could include:
- Grocery stores
- Retail stores
- Restaurant owner
- Building owner
- Maintenance crews
- Property possessors
- And more
While neither you nor the liable party can take away your injuries, the liable party can at least pay for your emergency room visit. These costs may include x-rays, surgery costs, other medical bills, physical therapy, rehabilitation, out-of-pocket expenses, lost income, disfigurement, and pain and suffering. Unfortunately, the party to blame doesn’t always offer up compensation or as much as you deserve to receive. For this reason you should speak with a Broward County slip and fall attorney who can fight for your maximum financial recovery.
To find out more about your legal options and how you can get the at-fault party to pay for your injuries, call the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation to learn more.
Who Can I Sue After A Cold Weather Slip And Fall Accident?
A: When considering if you have a premises liability lawsuit, remember that most people slip and fall over their own feet during some time in their life. Consider this fact before pursuing a lawsuit because a property owner will not always be responsible for everyone’s slip and fall injury. We all have a duty to watch where we are going; however, with that said, property owners have a duty of care to maintain their property.
If your South Florida slip and fall was caused by the negligence of the property owner, then your fall can be grounds for a slip and fall claim. For example, if a man fell on an icy sidewalk in an apartment building, he could bring a lawsuit against the apartment building’s owner, the management company, the apartment’s snow removal contractor and sometimes the city, depending where the injury occurred.
Remember, apartment complexes have a duty of care to maintain the property so that their residents and their guests are free from danger when walking on the property.
If you have been injured or have lost a loved one in a winter weather slip and fall accident in Florida, you may be entitled to damages. Find out more about your potential case from an experienced Fort Lauderdale slip and fall lawyer. You can contact the Law Offices of David Benenfeld at (954) 677-0155 and receive a free legal consultation to find out more about pursuing a premises liability lawsuit in Florida today.
While I Was Carrying Several Bags Of Groceries Up The Stairs Leading To My Broward County Apartment, I Slipped And Fell On The Wet Steps. The Fall Caused Me To Twist My Ankle And Sprain My Wrist. Do You Know If My Landlord Is Liable For Compensating Me For My Injuries?
Based on the description of your slip and fall accident, you may be eligible for compensation if it is determined that the stairs were defective. The property owner, aka your landlord, is held responsible for proper maintenance of the stairs. According to building codes, the outdoor stairs must be built in a way that prevents build-up of excess water or ice. Property owners who show negligence are held responsible for reimbursement of costs that you have incurred thus far, including medical bills and lost wages, if applicable.
If you need assistance to determine if you should pursue your Florida slip and fall claim that was caused by the property owner’s negligence, the Law Offices of David Benenfeld is here to help. For or a free legal consultation with a Broward County slip and fall attorney call today: (954) 677-0155.
What Types Of Slip And Fall And Premises Liability Accidents Does Injury Law Service Handle?
A: As a premises liability and slip and fall attorney metro Ft. Lauderdale, Miami, and Palm Beach, David Benenfeld of Injury Law Service has represented clients of all ages in the following types of slip and fall and premises liability accidents, among others:
- Accidents due to construction or maintenance
- Slip and fall accidents caused by wet floors
- Swimming pool accidents
- Drowning (or near drowning) accidents
- Accidents caused by lack of repairs to damaged property
- Accidents on the premisis of hotels, stores, houses, etc. caused by negligence
- Injuries caused by lack of signage in the case of a wet floor or hazardous area
- Falls or trips caused by holes in the floor (such as the failure to cover a drain)
- Accidents caused by exposure to toxic chemicals
- Injuries resulting from a lack of security
- Accidents resulting from excess alcohol (alcohol liability or dram shop laws)
- Wrongful death from slip and fall or other forms of premises liability.
Representing clients in Broward, Dade, and Palm Beach counties with compassion and professionalism, David Benenfeld commits his services to the injured and only the injured.
If you have been hurt in a Florida premises liability or slip and fall accident, contact David Benenfeld for free resources and answers to your most pressing questions.
What Should I Know About Insurance Companies After A Dade, Palm Beach, Or Broward County Premises Liability Accident?
A: After a Dade, Palm Beach, or Broward County slip and fall accident, car accident, or another type of incident in which a negligent party directly caused someone else’s injuries, many questions arise for injured accident victims and their families. When an insurance adjuster calls an injured Miami, Palm Beach, or Ft. Lauderdale accident victim, even more questions may arise, such as whether the injured party should speak to the adjuster, sign any papers, or give a recorded statement. What injured Florida residents do not always realize is that the insurance company worker is trained to offer the lowest possible settlement to the accident victim, hoping for a quick, easy, and cheap way to get rid of the case. As a result, the insurance company may trick the injured person into making some of the worst (yet most common) mistakes after a Florida accident. Simply put, the insurance company often has an unfair advantage over innocent injured people.
To learn more about the tricks and tactics of the insurance company so you can make informed and wise decisions after a Palm Beach, Broward, or Dade County premises liability accident, request your free copy of one of David Benenfeld’s newest books, Leveling the Playing Field Against Insurance Companies. To speak directly with metro Ft. Lauderdale, Miami, and Palm Beach premises liability lawyer David Benenfeld personally about your accident, contact him online or toll-free at (954) 677-0155.
What Should I Do If I Hurt Myself In A Florida Slip And Fall Accident?
Common slip and fall accidents include falls due to slippery surfaces, broken steps, uneven flooring, sidewalk cracks, elevator and escalator hazards, and open manholes. When people slip and fall on another person’s property, either personal or commercial, then they are entitled to proper compensation.
Slip and fall accidents may cause severe injuries. Broward County residents are likely to develop multiple complications including paralysis, numbness, ruptured disc, nerve compression, poor muscle control, or fractured vertebrae.
If you slip and fall, it is vital that you do these things first:
- Don’t blame yourself: Be careful not admit that you are clumsy or blame yourself for slipping or falling.
- Do not sign a statement offered by property owner: Take your time to evaluate the situation before you go on record with the property owner.
- Take pictures: Immediately take out your phone to snap pictures in order to show proof of the accident scene before anything is cleaned up or rearranged.
- Get help: Get expert advice from a skilled South Florida slip and fall injury attorney who can help you get the necessary compensation you deserve.
Contact the Law Offices of Attorney David M. Benenfeld for a free consultation.
What Not To Do After A Broward County Slip And Fall Accident.
Answer: It is important that you contact a Broward County slip and fall attorney to learn what your rights are following a slip and fall accident.
Be careful about making any type of statement to the property manager, landlord or insurance adjuster such as, “I am so clumsy”. ” I’m always tripping and falling”. “It was probably my fault”. Comments like that can hurt your slip and fall claim, even it was a legitimate claim.
If the landowner has insurance, a claims adjuster will probably call you to take a statement over the phone. Before providing a statement to an adjuster or a statement to the land owner, you should speak with a Broward County slip and fall lawyer to discuss your situation and what you may be entitled to.
Be cautious about signing any statement from the property owner or property management company regarding the incident. If you do provide a statement, get a copy for your records and give it to your attorney if you seek representation.
To discuss your slip and fall accident, contact the Law Offices of David Benenfeld to see what your rights are and if you have a case.
What Leads To A Florida Slip And Fall Accident?
Question: I have had different instances where I have had a slip and fall accident in Florida. Sometimes it was just embarrassing and other times I was injured. What type of things can cause a slip and fall accident? How would I be compensated for an injury?
Answer: A Florida slip and fall accident can occur anywhere and at anytime. In many instances it is caused from a liquid spill, water, uneven ground, potholes in the pavement in parking lots, broken or torn flooring, or holes hidden in a grassy area.
If the slip and fall accident happens in a store, building, or public area, and a serious injury happens, you may be eligible for compensation.
Building owners, where a slip and fall accident occurs, are responsible for the upkeep of their premises. If there are hazards lurking and an accident occurs as a result, you should seek the assistance of a South Florida slip and fall lawyer.
A South Florida slip and fall attorney can research the accident and determine how much compensation you may be entitled to. There may be lost wages, medical bills and other compensation you can receive as a result of the accident.
Contact the Law Offices of David Benenfeld by calling (954) 677-0155 and receive a free consultation to find out more.
What If Spilled Liquid Caused Slip And Fall Injuries?
Question: My brother just took a bad fall at a South Florida hardware store. He said the store had not cleaned up some liquid soap on the floor. He has multiple injuries, and is having to take unpaid time off from work. Do you know if he has any legal rights?
Answer: Over 70% of slip and fall injuries occur on public property. Your brother is injured, but not alone, and certainly not defenseless. South Florida slip and fall injuries from liquid spillage can be serious, I’ve listed common injuries below. It is the property owner’s responsibility to routinely check for any spills. If the property owner is found negligent, then he can file a claim against the entity to collect damages listed below.
Slip and Fall Injuries
- Broken bones-hips, arms, ankles, tailbones
- Back, neck, spinal cord
- Brain, head, skull
- Sprains, ligament, tendon damage
- Shoulder, knees, elbow,
- Lacerations and bruising
- Pain and suffering
- Past and future medical bills
- Past and future lost wages
- Punitive damages
A skilled South Florida Slip and Fall Attorney can assist your brother in obtaining a fair settlement. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
What If I Didn't Do The Right Things After My Florida Slip And Fall Accident?
If one minute you are walking along minding your own business and the next minute you find yourself face down on the floor, you may be a victim of a Florida slip and fall accident. Unfortunately, many victims of fall accidents do not know what to do following a Florida slip and fall accident, so you are not alone.
Often times the embarrassment and nerves after falling can cause people to quickly pick themselves up off the ground as if nothing ever happened. Then, hours or days later, they realize that they have suffered an injury.
Just because you didn’t go to the doctor immediately or notify the property owner or manager of the place where you fell at the time you fell, doesn’t mean that your premises liability case is lost.
You may still be able to recover for your injuries; however, you will need to talk with an experienced South Florida slip and fall lawyer immediately. This way you can salvage your mistakes and still strengthen your case. A lawyer who has experience in handling slip and fall cases will know what to do.
There may be people the lawyer can talk to regarding your case. For instance, if the fall happened in an office building’s staircase, a lawyer can talk with others who often walk that staircase to find out if there was inadequate lighting, a broken stair, a tear in the carpet or another problem that would have caused your fall.
Don’t delay any further. Call a skilled Fort Lauderdale premises liability lawyer at the Law Offices of David Benenfeld. CALL: (954) 677-0155 for a free, no-obligation legal consultation to find out if you have a case that can be salvaged with the help of an attorney.
What Happens If Someone Becomes Injured As The Result Of Taking Sleeping Pills?
Sleep promoting drugs may have lingering effects that last long throughout a person’s waking hours. Sleeping pills have been found to have serious side effects including: sleeping pill addiction, sleep related eating, sleep walking, and hallucinations while walking, cooking, or driving. For example, the common pharmaceutical drug Ambien is in actuality a powerful hypnotic drug, which has been linked to numerous slip and fall accidents. What’s so alarming about these Ambien-related accidents is that the users typically have absolutely no memory of their behaviors during their waking state. Reports of individuals finding themselves in jail or in a car wreck with no memory of how they arrived there are concerning, to say the least. Individuals who believe they have been injured under the use of Ambien should consult with a qualified Broward County Personal Injury Attorney. Victims of Ambien-related accidents and injuries may be entitled to compensation for their medical expenses and personal loss.
If you have been injured in Florida slip and fall accident related to the use of Ambien, a skilled South Florida Personal Injury Attorney can assist you in processing your settlement. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
What Compensation Is Available In A Florida Slip And Fall Case?
If the slip and fall accident took place at a business or on someone’s property, the property owner may have an insurance policy that covers for these types of accidents. Their insurance plan may cover your medical expenses. However, if you experienced pain and suffering, disfigurement, disabilities, or loss of enjoyment of life, then you should talk to a knowledgeable premises liability lawyer. Also, if your injuries prevented you from working, you may also collect for lost wages.
A skilled South Florida slip and fall lawyer can help you determine if you have a legal case against the negligent property owner and explain what compensation is available in your specific case. Call the Law Office of David Benenfeld at (954) 677-0155, to speak with an experienced Fort Lauderdale slip and fall attorney.
What Can Cause A Staircase Fall Accident To Occur?
A: When someone falls down a flight of stairs, many things could have contributed to their fall. Sometimes falls are the result of someone’s own clumsiness or loss of balance; however, other falls are the direct result of poor maintenance of the staircase.
Common causes of Florida staircase falls include:
- Loose railings or missing handrails
- Objects or debris left on staircase
- Wet, slippery substances on stairs
- Broken stair
- Poorly lit staircase
Many staircase falls could have been prevented with proper maintenance of the staircase and building. When a property owner does not attempt to repair dangerous conditions that could lead to slip and fall or trip and fall accident, then the owner may be held responsible for injuries that result from the fall.
The safety of staircases can be improved with proper lighting, a non-slip surface or runner for traction, handrails checked for adequate support, and debris or wet spills cleaned up immediately.
What Are The Most Common Causes Of Slip And Fall Accidents?
A: Slip and fall accidents often occur in stores, as well as many different types of places, with a broad range of reasons for their occurrance. Someone in a store or another venue may slip or fall because a floor is slippery in and of itself, slippery from water, or damaged in some way as to cause a trip, slip, or fall. In stores, people who fall are often looking at merchandise, making it difficult for them to see anything on the floor that may cause them to fall. Some slip and fall accidents occur because a mat is not sealed on the ground or a rug is curled up on one end, causing a trip. Other slip and fall accidents occur in parking lots due to holes in the pavement, in grassy areas where the grass is covering a hole, and in many different indoor and outdoor areas.
If you have sustained an injury in a slip and fall accident, feel free to contact David Benenfeld for free answers to your most pressing questions. He will provide you with helpful resources, assist you in finding the best medical treatment, and consult with you for free regarding your unique situation at no obligation to you.
To watch a video in which slip and fall attorney David Benenfeld explains the above information, scroll through our video menu at the top of our homepage or click here to view the video vault.
Why Video Footage Is Critical To A South Florida Slip And Fall Claim
When a dangerous condition or object on the ground caused your fall, there might not be anyone around who witnessed your Florida slip and fall accident or saw the cause of the fall. As you may imagine, evidence and proof is critical in establishing a strong premises liability case in Florida. So, what can you do now if no one else was around to see what happened?
The best thing to do is to take pictures of the accident scene—capturing the hazard up-close and from far away to show the full scene—and report the incident to the store manager. Take down the time, date, and who you spoke with. Additionally, it is best to seek medical care immediately. You may not realize it right away due to the adrenaline, but you may have a knee injury, fractured leg or arm, back injury, neck injury, or even head trauma.
Because medical bills can add up quickly and the injury was no fault of your own, you need to seek legal advice from a skilled South Florida slip and fall lawyer. An attorney who has represented victims of slips and falls will know how to investigate in order to establish a strong case. For example, there may have been a video camera that captured your slip and fall accident.
The Importance of Video Footage as Evidence
If the store your fall occurred at has video cameras, there could be video surveillance of your fall that may prove the store’s liability. Because a grocery store, retail store, or other commercial business is not going to hand the video tape over to you, it is critical that you have an attorney on your side.
A Florida slip and fall accident attorney can make sure that the evidence doesn’t disappear and that the video footage is preserved. An attorney can do this by sending the store a specific letter that instructs them to keep all the videos from the entire day of your accident.
Video surveillance can play an important role in establishing fault, as it can show the following:
- If the hazard was a reoccurring problem
- How long the hazard was there
- If anyone else reported the hazard
- If a store employee walked by the hazard without cleaning it up or putting up caution signs to warn others of the danger
Because time is of the essence in these types of cases, you need to contact an experienced Broward County slip and fall lawyer immediately so that the video evidence in your case is not destroyed. By reviewing the video footage, a skilled lawyer can determine if the dangerous condition was, in fact, negligence.
For help securing videos from the day of your slip and fall accident, contact a knowledgeable Broward County lawyer at the Law Office of David Benenfeld. Call (954) 677-0155 for a free consultation today.
What Are The Symptoms Of A Tailbone Injury And When Should I See A Doctor After A Slip And Fall Accident?
Because slip and fall accidents can be embarrassing, many people try and pick themselves up from the ground and pretend nothing happened. Unfortunately, they might not know until a couple hours later that they are in pain. While there could be many reasons for their pain, tailbone injuries such as bruised tailbones or broken tailbones are often the reason for such pain.
If you have experienced a slip and fall accident as a result of the negligence of a store, it is important for you to seek medical treatment immediately. Not only is this a good idea for your own health and well-being, but it is critical to your potential injury claim. However, if you didn’t go to a doctor right away, here are some symptoms that could indicate a tailbone injury and the importance of going to see a doctor:
- Tenderness, bruising and swelling around the base of the spine
- Pain in the tailbone area
- Pain gets worse when sitting
- Numbness or tingling
- Painful bowel movements or problems controlling bladder and bowels
- Weakness in the legs
- Pain in the lower back
If you have any of these symptoms, it is important that you seek medical care to determine if you have a broken tailbone or other type of injury following your Fort Lauderdale slip and fall accident. If you have suffered as a result of someone’s negligence, you should contact the Law Offices of David Benenfeld to speak with an experienced injury lawyer in a free consultation at (954) 677-0155 today.
What Are Some Of The Symptoms Of A Pelvic Fracture I Should Be Looking Out For Following My Slip And Fall Accident?
While many pelvic fracture injuries are so severe that victims of Florida slip and fallaccidents will need to go immediately to the hospital, other times victims aren’t sure what they are experiencing because they are embarrassed from falling and may be experiencing high adrenaline levels. This is why it is always good to know some of the symptoms that may indicate a pelvic fracture.
Pelvis injury symptoms may include:
- Bleeding from the vagina, urethra, or rectum
- Blood in urine or stool
- Difficulty urinating
- Abdominal pain
- Lower back pain and tenderness
- Trouble standing and walking
- Tingling in the legs and groin
- Leg and hip pain
- Sensory impairments
- Sexual dysfunction
When pelvic injuries occur, victims can suffer massive blood loss and other injuries in addition to a pelvic fracture. For this reason, it is critical that every victim of a slip and fall accident go directly to a hospital to get checked out.
It is in your best interest to go to the emergency room and tell the nurse and doctor all the symptoms you are experiencing so they can locate your injuries and help you get the medical care and treatment you need to begin healing. If you have suffered a pelvic fracture in a slip and fall accident, you should contact an experienced South Florida slip and fall injury attorney today at the Law Offices of David Benenfeld. Call (954) 677-0155 for a free consultation and learn about your rights.
I Suffered An Injury At The Grocery Store And Need Compensation. Is It True That These Types Of Cases Are More Difficult To Prove Since They Are Unique?
Slip and fall cases are unique, although they still fall under the personal injury umbrella. Slip and fall accident cases are often considered more complex types of cases than car accident cases. The reason is that the other side (i.e., the grocery store, apartment complex, landlord, big-box store, etc.) will always point the finger at you.
In car accident cases, it is often easier to determine who is at fault for the accident due to the way the vehicles collide. However, in slip and fall accidents, the other side could say the following:
- You were negligent
- You weren’t watching where you were going
- You were clumsy and careless
- You weren’t wearing the right shoes
Although you may believe the store is at fault due to the liquid spill or uneven floor that presented a dangerous condition on their premises, they may not feel the same way. In fact, they will often deny any knowledge about the hazardous condition and continue to assign blame on you. This is why you need to hire an experienced slip and fall attorney to help you prove your claim.
Although injury claims can be complex, a skilled lawyer will know what to look for and what to prove in order to help you get the compensation that you deserve. Contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with a knowledgeable South Florida slip and fall lawyer in a free consultation today.
What Steps Do I Take After A Slip And Fall Accident In Florida?
If you have had a slip and fall accident in Florida, the ideal situation would be to get an accident report completed at the time of the accident. This accident report should have the details of what happened and if there were any witnesses.
If there were any witnesses, get their names and contact information so they can be reached for further questions. A witness should be one who saw both the accident and what caused it.
Taking photos of the area and what caused the accident is advisable. If you have been hurt, be sure and get medical treatment and an assessment of your injuries from a medical professional.
It is important to talk to a knowledgeable attorney in Florida who can review your case and help you get the compensation you deserve.
Compensation for a slip and fall accident may include:
- Medical bills
- Loss of wages
- Pain and suffering
- Future medical bills
An insurance adjustor may contact you to get the details of your injury. It would be in your best interest to discuss your case with a South Florida slip and fall attorney who has reviewed your situation before talking to an adjustor.
If you have been injured in a slip and fall accident, contact the Law Offices of David Benenfeld in Broward County to review your situation and confirm you have a claim. CALL: (954) 677-0155.
I Slipped And Fell In A Restaurant And Suffered Nerve Damage. How Much Is My Nerve Injury Worth?
Every case will have a different value assigned to it because the type of nerve damage can range from minor to disabling. For example, a slip and fall victim may recover from his or her nerve injuries within months or years, but another victim might never recover and is forced to live a life of pain and reduced mobility.
A lawyer will look at many different things when determining a Fort Lauderdale slip and fall case worth, including lost wages, medical bills, future medical expenses, future loss of earnings, loss of the enjoyment of life, and pain and suffering. By thoroughly reviewing these factors, an attorney can get a good idea of what your case is worth and the amount you should and shouldn’t accept from the insurance company during settlement negotiations.
Generally, the insurance company will not want to give you what your case is worth—forcing you into trial. However, trial can be a good thing because a jury will get to hear the impact the nerve damage has had on your life. Not only will the type of nerve damage you suffered be the main factor in assigning your case a value, but your case will also depend on the evidence presented during trial such as a medical expert’s testimony, doctor’s testimony, and your lawyer’s presentation of the case. After listening to all the evidence, only then will a jury assess your case and assign an exact dollar amount.
For help proving your nerve damage and to get the most compensation possible, contact a knowledgeable Fort Lauderdale slip and fall accident attorney. You can reach the Law Offices of David Benenfeld for a free consultation by calling (954) 677-0155 today.
Since Children And Older People Tend To Slip And Fall More Often Than Other Adults, Does The Law Discriminate Against Their Ability To Collect Damages?
Everyone, regardless of age or health condition, has the right to recover compensation for injuries sustained by slip and fall accidents. These falls often occur because of dangerous or hazardous conditions that are not properly maintained by the property owner.
Property owners are required by Florida law to use reasonable care in maintaining their premises in order to avoid exposing others to injury. If someone slips and falls on someone else’s property due to hazardous conditions, then the property owner is held legally responsible. For this reason, property owners are responsible for regularly inspecting, repairing, or warning others of any dangerous conditions that are present.
While children and senior citizens are at risk for serious injury caused by slip and fall accidents, they are not necessarily to blame. If you fall and become injured on another’s property, you will most likely require the assistance of a skilled Broward County Slip and Fall Attorney. Contact the Law Office of David Benenfeld for a FREE consultation at (954) 677-0155.
What Are Some Of The Signs And Symptoms Of Nerve Damage I Should Look For After Falling?
Because a slip and fall accident can cause pressure, stretching, or cutting of the nerve fibers—cutting off signals between the brain and organs, muscles, and rest of the body—it is essential that victims of South Florida slip and fall accidents are familiar with the signs and symptoms of nerve damage. The most common sign of nerve damage is a numbness and tingling sensation; however, there are many other symptoms of nerve damage including:
- Dry mouth and/or eyes
- Increase or decrease in sweating
- Restricted or reduced mobility
- Sensation of burning
- Muscle atrophy
- Bladder dysfunction
- Issues with senses (i.e., smell, sight, taste)
The signs and symptoms of nerve damage will be different depending on the type of nerve that was injured in the fall. For example, you may have sensory nerve damage, autonomic nerve damage, or motor nerve damage. This is why it is critical that you seek medical attention if you have any of the symptoms listed above. By telling your doctor the symptoms you are experiencing, he can run diagnostic tests; however, don’t get discouraged. It can be a long process because some nerve injuries are difficult to pinpoint.
If you have suffered an injury to your nervous system in a Fort Lauderdale slip and fall accident, you should consult with an experienced personal injury lawyer at the Law Offices of David Benenfeld. By calling (954) 677-0155, you will receive a free consultation.
Why Are Restaurant Slip And Fall Accidents So Serious?
Broward County restaurant kitchen floors are very slippery. Since fall accidents are the second leading cause of death, the restaurant scenario lends itself to the perfect scene of an accident. Serious injuries result from restaurant slip and fall accidents in Florida. People don’t realize that secondary injuries also result within restaurants. For example, when someone falls within a restaurant, that person may incur burns and cuts. If someone slips while holding a sharp knife or becomes cut by a glass shards, then multiple injuries often result.
The National Floor Safety Institute (NFSI) reported over one million slip and fall injuries occurred within restaurants this past year, and over three million food service employees suffered injuries on the job. The study also reported that slip and fall accidents within restaurants have increased over 10% within the past year.
Restaurant owners struggle to maintain a deeply cleaned restaurant floor surface, which is admittedly part of the problem. If a customer or employee is injured from a slip and fall accident within a store, then the store owner is responsible for damages. If the property is rented or leased by another entity, then the third party is likely liable as well.
Contact the Law Offices of David Benenfeld to speak with an experienced Broward County slip and fall attorney in a free legal consultation to determine if you have a case. Call (954) 677-0155.
What Should I Know About Pursuing A Slip And Fall Lawsuit Involving An Ankle Injury?
It is important that you know that even if you suffered a minor ankle fracture or a severe ankle injury, property owners have a duty to you. Their job was to keep their premises safe and free from hazards. If they failed to do so, they can be held responsible for the injuries you suffered in a Florida slip and fall accident on their property.
Unfortunately, these types of claims can be difficult to pursue because property owners don’t just want to pay anyone who falls on their property. This is why slip and fall claims gets turned over to insurance companies, where insurance adjusters will attempt to settle claims for as little money as possible.
The site and severity of your ankle injury will determine the amount of compensation you should receive in your case. For example, if you needed plates, rods, wires, or screws to stabilize your broken ankle, or if your broken bone punctured your skin and caused an infection, your ankle injury case should be worth more money. However, the insurance company is going to want you to believe that your ankle injury claim is a minor injury.
It is important that you know that there is more to evaluating a slip and fall injury claim and that your claim may be worth a lot more than the insurance company is letting on. For example, what was the type of injury you sustained? Do you need ongoing medical care? Did you suffer any permanent injuries or limitations? Did you lose income as a result of the injury? All of these factors need to be considered when evaluating your claim.
To learn more about slip and fall accident claims, contact the Law Offices of David Benenfeld for a free consultation with a skilled South Florida slip and fall injury lawyer at (954) 677-0155 today.
How Much Is My Pelvic Injury Worth Following A Slip And Fall Accident?
We understand that a pelvic injury can be very painful and serious to say the least. Not only can a pelvic fracture cause you to incur surgery and rehabilitation, but it can also cause you to experience a financial loss. Because this injury can cause a financial strain, it is no wonder why you would want to know how much your case is worth.
While we would like to tell you a specific dollar amount, it is very difficult to assign an exact financial figure to your Florida slip and fall accident case without reviewing your medical bills, other expenses, lost income, medical records and the extent of your injuries.
Every pelvic injury case can be different depending on the seriousness of the injuries you sustained. For example, you may have suffered internal organ damage, bladder injuries, or hip and leg fractures in addition to your pelvic injury. Because every injury you suffered will raise the amount of compensation you are entitled to collect, it is best to find out the extent of your injuries before settling on an exact dollar amount with the insurance company.
For help determining an exact value of your case, we will look at your medical expenses, rehabilitation and physical therapy expenses, travel expenses to and from the hospital and doctor’s office, lost income, and other financial losses and expenses that this accident caused you to incur. Please call an experienced Broward County slip and fall injury lawyer at the Law Offices of David Benenfeld today for a free consultation at (954) 677-0155.
How Much Effort Is A Property Owner Expected To Put Forth In Order To Prevent Slip And Fall Accidents In South Florida?
According to the law, property owners must show a “reasonable” amount of effort to keep the grounds clean and safe. Specific details examined by a qualified Broward County slip and fall attorney will consider the following questions listed below.
- Does the property owner have a routine procedure for repairing and cleaning the grounds? Can they provide proof of cleaning and maintenance records?
- Let’s say someone tripped and fell over hazardous flooring (e.g., torn carpet, wet floor, cracked flooring). For how much time was the area left unattended? Did the property owner have a “reasonable” amount of time to become aware of the condition and remedy the situation?
- If an object was left in an area that caused a trip and fall, was it placed there for a reason by which the owner can justify was necessary?
- If the object was deemed to be placed where it was, could the store owner have placed some sort of warning or covering to prevent the fall?
- Did the slip and fall accident occur due to poor lighting?
If the slip and fall victim is able to answer “yes” to any of the above questions, he or she may have grounds for a strong personal injury case.
For victims who have been injured in a Florida slip and fall accident, a skilled South Florida Slip and Fall Attorney can assist you in processing your settlement. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
I Was Visiting My Sister At Her Apartment Building When I Fell Down The Stairs That Were Broken. Can I Collect Damages For My Broken Bone Injuries From Her Apartment Complex Even Though I Don't Live There?
A: We are sorry to hear that you were a victim of a Florida slip and fall accident and that it resulted in broken bones. Although broken bones will heal, you may still have rights to collect financial compensation from the parties responsible. Sometimes broken bones require surgery, physical therapy, time off of work, medical expenses, lost wages and more. You shouldn’t be left to pay for these expenses due to someone else’s negligence.
Apartment complexes need to be kept up and taken care of properly so that residents and their guests do not get injured in a slip and fall or trip and fall accident. If injuries do occur on the property, the building’s owner and/or landlord may be held responsible if they did not properly care for the apartment complex. If the owner knew of the broken stair prior to your fall and didn’t do anything to repair it or warn others about the dangerous condition, then he or she could be held liable for your South Florida slip and fall accident.
If your broken bone injuries were caused from the negligence of an apartment owner or landlord, you may have rights to damages. Contact a skilled Fort Lauderdale premises liability lawyer at the Law Offices of David Benenfeld at (954) 677-0155 for a free legal consultation today.
I Was Shopping In A Grocery Store In Broward County And Slipped And Fell From Water That Was On The Ground. I Hit My Head And Fell On My Back. Now I Am Under Medical Care And In Severe Constant Pain. Do I Have A Claim Against The Store?
A: A Broward County slip and fall claim against a grocery store is possible providing certain things can be proven. There are many factors that must be present when filing a claim against any property owner.
The location of your slip and fall accident should have had a warning sign indicating there was water on the ground. Water on the floor in a grocery store can be from water in the produce department that has spilled on the floor. Also a just mopped floor or an item with liquid that has fallen off the shelves can cause someone to slip and fall. If there was no warning of this hazard and you slipped and fell, the owner can be help liable.
Getting witnesses and checking to see if there was a security camera is helpful when pursuing a slip and fall claim. An experienced Broward County premises liability attorney can help you in gathering items you will need to file a claim to collect compensation for your injuries.
It is important to remember that if the case goes to court and the store owner claims that you were partially responsible for the accident, the damages could be reduced.
Filing a claim within the statute of limitations is important. That is why you need to seek the advice of a skilled Broward County slip and fall premises liability lawyer.
Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
I Was In A Store Walking Down An Aisle And Tripped And Fell On An Uneven Tile That Was Raised, Causing My Shoulder To Dislocate. Do I Have A Broward County Slip And Fall Claim Against The Store For My Injury?
A: There are many factors involved in filing a slip and fall claim. The first thing to find out is if the property owner knew about the problem with the tile that led to your Broward County slip and fall accident and failed to correct the condition.
It is important that you talk with a Broward County slip and fall attorney that can file a slip and fall claim on your behalf. After a thorough investigation and talking with witnesses, you may be entitled to a slip and fall claim for recovery of your current medical expenses, future medical expenses, pain and suffering, lost wages, and any other expenses related to your injury.
Contact a Broward County slip and fall attorney as soon as possible, so that evidence can be collected and a claim filed to recover damages.
If you have been injured in a slip and fall accident, contact the Law Offices of David Benenfeld to speak to a knowledgeable premises liability attorney. Call for a consultation today at (954) 677-0155.
I've Heard That Posting Pictures On Facebook Could Hurt My Slip And Fall Claim. Is This True?
Yes. Unfortunately, anything you put on Facebook can be accessed and is essentially open to the public, even if your settings are private. Once you have been injured in a slip and fall accident in Florida and filed a claim for damages, the insurance company will be investigating you.
Sometimes insurers hire private investigators to get as much information on you as possible to help them discredit your claim. They are looking for anything they can that will help them have a reason to deny your claim and stop from paying you the compensation you deserve. This means that even if you post a picture on Facebook showing that you were at a party, the insurer may question your injuries.
Insurance companies are notorious for trying to get away with paying people as little money as possible. They know that if they can discredit your claim or put doubt in a jury’s mind that you are making a false claim that they will be able to deny your claim or get off the hook with paying you less than what you deserve.
In order to save your Florida slip and fall claim and get the most money possible, think before you post anything. In fact, we recommend taking a break from social media or deactivating your accounts during your injury claim so that nothing could damage your case.
To learn more about protecting your interests and getting the most compensation possible, contact the Law Office of David Benenfeld to speak with a Broward County slip and fall injury lawyer in a free consultation today at (954) 677-0155.
I Slipped And Fell On A Pool Of Liquid At A Restaurant And Broke My Arm. Who Is Responsible For My Injuries And Lost Wages Because I Can't Work Right Now?
A: Situations that involve slip and fall accidents are sometimes hard to prove, which is why it is a good idea to talk with a legal professional skilled in Florida slip and fall accidents. Did the restaurant know that there was spilled liquid on the ground? Were they told and didn’t caution customer or rope the area off? Did a server or other employee of the restaurant spill the liquid themselves? All of these questions need to be answered in order to find out if you can hold someone responsible for your injuries.
Immediately after a slip and fall in South Florida, it is crucial to take pictures of the accident scene, get witnesses’ contact information and inform the restaurant manager of your accident and injuries. It is also critical to seek medical help, which will not only benefit your health but your premises liability case.
For more information about your rights after getting injured in a Fort Lauderdale slip and fall accident, please call a Broward County premises liability lawyer at the Law Offices of David Benenfeld today for a free legal consultation at (954) 677-0155.
I Slipped And Fell On An Icy Walkway. Who Is Responsible For My Injuries?
- The City
- Your employer
- Your office’s property management company
- Your landlord
- Your apartment’s maintenance company or contractor hired to remove ice and snow
- Another property owner or property possessor of a public place
Depending on where you fell, the location, and if the fall took place on public or private property will help determine what party may be held liable for your fall injury in Florida. Premises liability cases are complex in nature and each are unique. It is best to talk with an experienced South Florida slip and fall attorney as soon as possible to determine if you have a case, what party may be liable, and to learn more about your rights.
A Broward County slip and fall attorney can investigate your case, help you file the correct paperwork and claim, and negotiate with the responsible party to ensure your compensation for your medical expenses, lost wages, and pain and suffering.
To find out more about your legal options and how to protect your interest, call the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation to find out more.
I Slipped And Fell At Work In Florida And My Head Feels Weird Since The Accident. How Can I Tell If I Suffered A Head Injury?
A: Head traumas frequently occur in slip and fall accidents in Florida and throughout this nation. This is because the human head is generally one of the first things that hits the floor, often bearing the brunt of the injury. Anytime you hit your head in a fall accident in South Florida, you should get a medical examination immediately.
When you arrive at the emergency room or your doctor’s office, tell them that you hit your head. Head traumas need to be looked at immediately, since they can be life threatening. Signs of head trauma should not be taken lightly. These signs include concussion, contusion (bruising inside the brain), scalp wounds, and actual skull fractures.
Sometimes you cannot see any physical signs of a head injury, and it can often go overlooked. However, bleeding may be occurring on the inside, and symptoms may start developing over the next several hours or days. It is wise to get to a doctor immediately in order to get the necessary tests that can determine if you have a head trauma following your South Florida slip and fall accident.
If your injuries were the result of a negligent coworker, employer or vendor, you may be entitled to financial compensation. Call a Fort Lauderdale slip and fall attorney at the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation.
I Fell Down The Stairs At My Apartment Complex Because I Couldnt See Where I Was Going. There Were No Lights In The Stairway. Should My Injuries Be Covered By My Apartment Complex?
A: The owners and managers of apartment complexes have a duty to their tenants to maintain the property so that residents and guests of residents do not slip and fall from a hazard they could have prevented. Poor lighting is one such hazard that could have been prevented by regular maintenance of the property.
Whether there is faulty lighting, a bulb that burnt out, poor lighting or no lighting in the staircase, it is the responsibility of the apartment complex to fix it so that you and other residents are free from danger and do not get injured in a Florida slip and fall accident.
If their lack of maintenance and keeping the apartment complex free of hazards caused your injury, then you should seek justice, especially if your injuries are causing you to incur medical bills, lost wages due to time off of work, surgery or physical therapy expenses.
Get more information about your legal rights from a South Florida slip and fall lawyer.Call a skilled Fort Lauderdale premises liability lawyer at the Law Offices of David Benenfeld at (954) 677-0155 for a free legal consultation today. You may have rights to financial compensation for your medical bills, lost wages and more.
I Don't Think The Escalator Safety Stop Worked When My Son Was Injured At The Mall. What Should I Know About Escalator Accidents And Liability?
Children and older adults are often the ones injured in escalator accidents. In fact, there are about 20,000 injuries that take place on escalators and elevators every year. While some are caused by loose clothing getting stuck in the steps or on the sides of the escalator, other injuries are caused due to malfunctioning equipment.
There should be an emergency stop button (a large red button) located on either end of each escalator. This button when pressed should stop the machine during an emergency. If you or someone pressed this button and the machine did not stop and caused your son worse injuries, then there is most likely someone liable for this malfunction.
Generally, there are three parties that could be held liable for Florida escalator accidents and injuries including:
- Building owner of where the escalator is located
- Maintenance company or technician who works on the escalator
- Manufacturer of any faulty or defective escalator parts
If the escalator stopped suddenly or started moving in the opposite direction that caused your son to get injured, then this is a Florida premises liability case. However, if something else caused your son to get stuck in the escalator but the emergency button didn’t work, then you may still have a premises liability lawsuit.
We would need to check into whether the system failed due to a defective part or maintenance was not done or was done improperly in order to help you determine liability and seek compensation for your son’s injuries.
Call us today so we can discuss your specific case details surrounding your son’s South Florida escalator injury. You can reach the Law Offices of David Benenfeld at (954) 677-0155 to talk with a skilled Florida escalator accident attorney in a free, no-obligation legal consultation.
I Am A NEW Small Business Owner In Broward County. Can You Give Me Some Tips On Preventing Slip And Fall Accidents In My Store?
As a new business owner, one is wise to think ahead when it comes to preventing slip and fall claims. Since slip and fall injuries have been found to be the second leading cause of injuries in the United States, it’s important to implement life saving safety measures. In fact, over 16,000 people die from slip and fall accidents every year. Research reports have concluded that the high incidence rates of slip and fall injuries are caused by the negligence of the property owner. Occupational Safety and Health Administration (OSHA) has listed the following tips to avoid workplace accidents and injuries.
5 Employer Tips to Avoid Slip and Fall Accidents:
- Keep Floors Clean and Dry!
- Place “WET FLOOR” Signs to Warn Customers!
- Keep Aisles Free from Obstruction!
- Provide Good Lighting for Halls and Stairways!
- Only Use Ladders-No Stools, Chairs, or Boxes!
To benefit from qualified assistance for a slip and fall claim, a Broward County slip and fall attorney at the Law Office of David Benenfeld is here to help. For or a free legal consultation and book call today: (954) 677-0155.
How Is A Brain Injury Diagnosed And Treated For A Broward County Slip And Fall Victim?
The number one cause of traumatic brain injury is from a slip and fall accident. A Florida slip and fall brain injury is likely to affect the victim in various shapes and forms. Family, friends, and co-workers may notice a difference in the person’s functions days or weeks after the incident.
For this reason, it is vital for slip and fall accident victims to receive immediate medical attention. Even if the head injury appears minor, it is often likely that the trauma is more profound than the symptoms appear to others.
To determine the precise location and extent of the brain damage, a myriad of exams will need to be performed including neuro-imaging tests such as CT or MRI and neuropsychological assessments. In order to contain or minimize the slip and fall brain injury, doctors will need to stabilize the patient. Once medical staff can be assured that blood pressure is controlled and blood and oxygen are flowing properly to the brain, the patient will begin what is often the road to a long-term recovery. Treatment may include occupational therapy, speech and language therapy, psychological therapy, and physical therapy.
To benefit from qualified assistance and decide if you should pursue a slip and fall claim, the Law Office of David Benenfeld is here to help. For or a free legal consultation and book call today: (954) 677-0155.
How Do I Prove That A South Florida Store Owner Is Responsible For My Slip And Fall Accident That Caused My Spinal Cord Injury?
Slip and fall accidents in Broward County are known to cause multiple injuries, including that of the spinal cord. The injured victim is faced with never ending decisions about insurance, medical treatment, employment, rehabilitation, and financial worries.
Proving responsibility for a slip and fall accident is not easy. The injured victim must prove causation and negligence in order to receive compensation.
- Prove the injury was caused by an unsafe condition or lack of maintenance
- Victim must show that the owner was aware of the hazard, or should have known about the dangerous condition
If you are able to prove responsibility, then you will be eligible for compensation that includes damages for medical bills, loss of income due to injury, and pain and suffering. If you have suffered a spinal cord injury from a slip and fall accident, you will need expert legal advice required to prove your case.
If you need assistance to determine if you should pursue your slip and fall claim that has caused spinal cord injury, the Law Offices of David Benenfeld is here to help. For or a free legal consultation and book call today: (954) 677-0155.
How Much Is A Foot Injury Worth In A Slip And Fall Case?
Every foot injury may be different depending on the site of the injury and severity of the injury. For example, some foot injuries may be minor such as a cut or bruise; however, other injuries may be very serious involving broken ankles, toe fractures, toenail injuries, heel injuries, and shattered bones.
Depending on the severity of your injury and whether or not you had surgery, physical therapy, rehabilitation, or lost some function in your foot, will help determine the value of your claim. For example, an injured foot that heals nicely within weeks versus an injured foot that requires surgery, pins and screws, bracing, and casting will often be worth less.
While both a minor and serious foot injury that results from a slip and fall accident should receive compensation, the amount of compensation may be different depending on if you lost function in your foot, if you lost income as a result of being off of work, and if you have suffered a disability or chronic pain. All of these things will be a factor in your case in determining the value of your claim.
If your foot injury was the result of a store’s negligence or property owner’s carelessness, you need to pursue a Florida slip and fall accident claim. To talk about your accident specifics and learn more about your case worth, contact the Law Offices of David Benenfeld at (954) 677-0155. You can speak with a Broward County slip and fall accident attorney in a complimentary consultation today.
I Fell On A Slippery Floor At The Supermarket. How Much Is My Broken Tailbone Injury Claim Worth?
It depends. Before you can discuss the value of a case, clear liability needs to be established. This means that you would need to show that the store knew about the dangerous floor condition and didn’t warn customers that the floor was slippery. Sometimes this can be done through witnesses or by recovering the store’s video footage.
In order to collect the evidence that you need to secure compensation, you should hire a Florida slip and fall injury lawyer to request the video footage and help you establish your case against the grocery store. An attorney will know what to look for and how to strengthen your case.
It is important to note that not all slip and fall injury claims are worth the same amount. The value of your injury claim will be based on the extent of your injuries, medical bills, pain and suffering, lost wages, and future medical expenses or lost income. For example, the insurance company for the store may offer to reimburse you for all of your hospital bills, x-rays and tests, medications, surgery, and physical therapy expenses. While this may sound tempting to accept, you may have also suffered lost wages and pain and suffering that you need to collect for.
Because it can be complicated assigning a dollar amount to pain and suffering, you need to seek the legal advice of a skilled attorney. A lawyer can get a doctor to testify or obtain a doctor’s report testifying to the severity of pain you are experiencing to support your claim.
To make sure you get the compensation you need and deserve following a broken tailbone injury, contact a Fort Lauderdale slip and fall accident lawyer at the Law Offices of David Benenfeld. Dial (954) 677-0155 for a complimentary consultation today.
I Fell Because It Was Too Dark Out And I Couldn't See The Cracked/Uneven Sidewalk. Now The Property Owner Won't Settle With Me For My Medical Bills. What Should I Do?
Property owners and their insurance carriers don’t typically make it easy for injured parties. This is because they don’t want everyone filing claims with them for injuries that might have occurred elsewhere. As a result, they will often attempt to deny your claim for damages until you get a lawyer involved.
While you might not want to go to court over this injury, property owners and their insurance carriers need to know you mean business. Typically, they will negotiate your claim amount with your lawyer outside of court. By getting a skilled personal injury lawyer involved, your attorney will know what a fair offer is and will attempt to negotiate your claim to the fullest for your medical bills, medication costs, lost income, pain and suffering, and other damages.
If you aren’t sure you have a valid case or you would like to find out more about hiring a lawyer for your slip and fall injury in Florida, we welcome your call. You can reach the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation where we will answer your questions and provide you with your legal options.
What Elements Are Necessary To Have A Valid Slip And Fall Claim?
After slipping and falling and suffering an injury, you may have a premises liability claim for your damages; however, certain criteria have to be met. Some of the basic elements of a slip and fall claim in Florida include:
- Your accident and injury took place on someone else’s property such as a department store, apartment complex, restaurant, business, etc.
- Your slip and fall accident occurred as a result of a property owner’s negligence or another party who controls the upkeep of the property.
- The owner or renter failed to keep the grounds safe or fix the hazard in a timely manner.
- The accident resulted in losses and expenses that you wouldn’t have otherwise had.
Although your slip and fall accident should be covered by a property owner’s insurance coverage, they will do all they can do try and deny your coverage. However, if the property owner failed to meet his duty of care, you may have a valid claim even if you are getting the runaround from the owner or his insurance carrier.
An experienced attorney can help you collect the compensation that you are due. Contact the Law Offices of David Benenfeld to speak with an experienced Florida slip and fall injury lawyer in a free consultation at (954) 677-0155 today.
What Are Some Of The Different Kinds Of Compensation Available In A Slip And Fall Case?
When an injury occurs in a slip and fall accident on someone else’s property, you may have a claim for damages. “Damages” are also known as compensation. In a slip and fall case, which is under the umbrella of personal injury law, victims can pursue compensatory damages and sometimes punitive damages.
Compensatory damages are designed to compensate you for the injury you suffered. As a result of a Fort Lauderdale slip and fall accident, for example, you may have suffered the following:
- Medical costs. Damages in slip and fall cases include reimbursing you for your medical treatment, including tests, hospital visits, surgery, physical therapy and more. Additionally, you should receive damages for your future medical care related to your accident.
- Income loss. When injuries occur that cause you to miss work and wages, you should be compensated for your lost income. If a serious injury occurred that results in your ability to earn a living in the future, you will receive damages for loss of earning capacity.
- Mental anguish. Injuries can cause emotional distress, and damages for mental anguish are designed to compensate you for your sadness, depression, anxiety, fear and other psychological impacts of the injury.
- Pain and suffering. While it is hard to place a dollar amount on pain and suffering, you most likely suffered from discomfort and pain the accident caused you. As a result, you may be entitled to pain and suffering damages.
- Loss of consortium or companionship. Your injury may affect your relationship with your spouse or child, and you deserve to be compensated for those losses.
- Loss of enjoyment. Slip and fall injuries can keep you from participating in the hobby you love, exercising, or doing something you enjoy, which is why you are entitled to loss of enjoyment damages.
To speak with a knowledgeable South Florida slip and fall lawyer about your case and whether or not you are entitled to damages, contact the Law Office of David Benenfeld.You will receive a free consultation simply by calling (954) 677-0155 today.
Can I File A Claim For A Slip And Fall Accident In Broward County After Being Injured In A Store That Had A Liquid Substance On The Floor? I Was Walking Down An Aisle And Lost My Footing From Oil On The Floor. I Fell And Hurt My Head And Back. Is The Store Liable?
The best thing to do is contact a Broward County slip and fall attorney as soon as possible. In order to collect compensation from a claim, you must prove that the accident was a result of negligence from the store.
Anytime there is a dangerous hazardous situation that can be avoided, it is up to the business or property owner to alert the public of such hazards. If a person is injured on the property and it is proven that the defendant was to blame, you may be eligible to file a claim.
Medical expenses and loss of pay can quickly add up. That is why you need to get the help from an experienced slip and fall attorney who can interview witnesses, take photographs of the store and review surveillance tapes.
Contact a Broward County slip and fall attorney at the Law Office of David Benenfeld for help with your case. Call: (954) 677-0155 for a FREE consultation.