faqs
Frequently Asked Questions
Slip & Fall FAQs
What are typical slip and fall settlement amounts?
Slip and fall settlements can vary significantly based on the severity of injuries, location
of the accident, and other unique factors. National averages indicate that settlements for
slip and fall cases on commercial properties are around $345,000, while cases on
private property average $105,000. However, every case is different, and there is no
predetermined value for a premises liability claim.
Slip and falls, or any other kind of injury that occurs because of hazardous or unsafe
property conditions, involve multiple factors that influence the settlement amount of your
case. These factors include:
- The cost of your medical bills
- The severity and permanence of your injury
- The pain and suffering caused by your injury
- The amount of wages and time missed from work
- The percentage of your involvement in causing the accident
- The legal representation you choose to represent you
While slip and fall settlements can be significant, they can also be difficult and complex to reach. Hiring an experienced personal injury lawyer is one of the best ways to ensure you receive a settlement that is appropriate for your pain and suffering and considerate of how your injury may affect your family, ability to work, and future wellbeing.
What is a slip and fall injury?
Slip and fall injuries are injuries caused by slipping, tripping, or falling as a result of hazardous and unsafe property conditions, such as wet or uneven surfaces, defective stairs, sidewalks and furniture, and even parking lot poles and cluttered walkways. These injuries can range from minor bruises to severe conditions like traumatic brain injuries or fractures. While slip and falls are rarely fatal, they can cause life-altering consequences.
What should I do if I’m injured in a store?
If you’ve been injured in a store or commercial property:
- Seek medical attention immediately to address injuries and document them.
- Report the incident to the store manager or property owner.
- Collect evidence, such as photos of the hazardous condition and witness information.
- Contact Tollinchi Law to discuss your case. Failing to report the incident or seek medical care can hurt your chances of receiving compensation.
How long after an accident can I sue?
In Florida, you now have two years from the date of the accident to file a lawsuit under
the statute of limitations (Florida Statutes Section 95.11(3)a). However, waiting too long
can harm your case as evidence may disappear, and witnesses’ memories may fade.
We recommend acting promptly to preserve your rights.
How long do slip and fall settlements take?
Settlement timelines for slip and fall cases vary based on factors such as the severity of injuries, liability disputes, and whether the case goes to trial. Cases can range from a few months to several years.
If someone is injured on my property, am I liable?
Florida law requires property owners to maintain safe conditions for visitors. Owners are responsible for repairing hazards such as uneven floors or spills. Liability depends on the injured party's status as an invitee, licensee, or trespasser.
What is premises liability?
Premises liability refers to a property owner’s legal obligation to maintain a safe environment for visitors. When owners fail to address hazards and someone is injured as a result, they may be held liable. Common cases include slip and falls, inadequate security, and unsafe walkways.
What to do after a slip and fall accident?
If you’ve been injured:
- Call 911 if you need emergency care.
- Document the scene with photos of the hazard.
- Report the incident to the property owner or manager.
- Keep medical records of your injuries.
- Contact Tollinchi Law for expert guidance to protect your rights and maximize your settlement.
Who is liable for an injury on private property?
Property owners in Florida are legally obligated to maintain safe conditions. For liability to apply, it must be proven that:
- The owner knew or should have known about the hazard.
- The owner failed to address the hazard within a reasonable timeframe.
What are symptoms of slip and fall injuries?
Symptoms can appear immediately or days after the accident and may include:
- Headaches or confusion (indicating possible brain injury).
- Back or neck pain (potential spinal injuries).
- Joint or muscle pain. If you experience any of these symptoms, seek medical attention.
What are common slip and fall injuries?
Some of the most common types of slip and fall injuries are:
- Traumatic brain injuries (TBI)
Head and brain injuries are among the most serious potential consequences of slip and fall accidents and can range from mild concussions to life-altering brain damage. Head injuries are not always outwardly visible, so it is a good idea to seek medical attention after a serious slip and fall, even if you aren’t displaying any symptoms of brain trauma. - Spinal cord injuries
Slip and falls are one of the largest causes of spinal cord injuries—second only to car accidents. 3 These types of injuries occur when the spinal cord is severed or compressed and are almost always life-threatening and demand immediate medical attention, as well as long-term treatment.
How do you know if you have brain damage after a slip & fall?
- After a slip and fall, signs that you might have a Traumatic Brain Injury (TBI) include: persistent headaches, nausea or vomiting, confusion, dizziness, blurred vision, loss of consciousness, unequal pupil size, slurred speech, weakness or numbness in limbs, difficulty concentrating, memory problems, and changes in mood or behavior; if you experience any of these symptoms, seek immediate medical attention.
Key points to remember:
Even a seemingly minor bump to the head can cause a TBI:TBI: Don't dismiss symptoms even if you didn't lose consciousness.
Symptoms can appear gradually:Some symptoms may not show up immediately after the fall, and could develop over hours or days.
Seek medical attention immediately:If you have any concerns about a potential TBI, go to the doctor or emergency room right away.
Negligent Security FAQs
What Does Negligent Security Mean?
Negligent security refers to situations where a property owner or party responsible for providing security fails to implement necessary safety measures, resulting in harm to others. This often involves inadequate or non-functioning security protocols, such as broken cameras, poorly trained guards, or insufficient lighting.
Entities like hospitals, schools, businesses, landlords, and property managers are required by law to ensure the safety of visitors. When they fail to meet this responsibility, victims of crimes or accidents caused by this negligence may be entitled to compensation.
What Are Common Examples of Negligent Security?
Negligent security often arises when inadequate measures fail to prevent harm. Common examples include:
- Broken or poorly maintained security equipment like cameras or gates.
- Security guards failing to respond promptly or monitor areas effectively.
- Insufficient training for security personnel.
- Lack of adequate lighting in high-risk areas.
- Failure to alert authorities or medical services in a timely manner.
If you’ve been harmed due to negligent security, determining liability is essential for pursuing a claim.
Who Can Be Held Liable in a Negligent Security Case?
Liability in negligent security cases can extend to various parties, including:
- Property owners and managers.
- Security companies or contractors.
- Employers of security personnel.
In some cases, multiple parties may share liability. For example, both a property manager and landlord might be held responsible for a crime or injury caused by negligent security measures.
Can I Sue an Independent Security Contractor?
Yes, independent security contractors can be held liable for negligence under certain circumstances. For example:
- If guards fail to monitor areas effectively.
- If aggressive behavior from security personnel incites violence.
- If the contractor hires unqualified or poorly trained staff.
Proving negligence often requires detailed legal analysis and documentation.
How Can I Pursue a Negligent Security Settlement?
Negligent security settlements are based on the losses incurred by the victim. These can include:
- Medical expenses and future medical costs.
- Lost wages and diminished earning capacity.
- Pain and suffering.
- In wrongful death cases, compensation may also include funeral expenses and loss of financial support.
The final settlement amount considers both tangible and intangible losses.
Should I Hire an Attorney for a Negligent Security Case?
Proving negligence requires comprehensive evidence, including:
- Documentation of inadequate security measures.
- Expert testimony and witness statements.
- Analysis of state laws and security industry standards.
An experienced attorney can investigate the case, negotiate with responsible parties, and, if necessary, take the case to court to achieve the best possible outcome.
Are Property Owners Liable for Security Failures?
Yes, property owners have a legal obligation to provide adequate security measures to protect visitors and tenants from preventable harm. This includes:
- Installing functional security cameras and lighting.
- Hiring qualified security personnel.
- Addressing hazards like broken gates or locks.
Failure to meet these responsibilities may result in liability for injuries caused by crimes or other incidents.
Rideshare Accidents FAQs
What Types of Injuries Occur During Rideshare Accidents?
Rideshare accidents can result in various injuries, similar to other traffic accidents. Pedestrians and cyclists are especially vulnerable, but riders and other motorists can also sustain severe injuries in high-speed or serious collisions. Common injuries include:
- Head and Brain Injuries: Traumatic brain injuries (TBIs), such as concussions, can result from the impact of a collision. These injuries may lead to long-term challenges with cognition, motor skills, vision, and personality changes.
- Broken Bones: Serious accidents can cause multiple fractures that may require reconstructive surgery. Even after recovery, accident victims often experience lingering pain or arthritis.
- Neck and Back Injuries: Injuries to the spine, such as herniated discs or fractured vertebrae, can cause chronic pain and, in severe cases, paralysis. Treatment may involve surgery and long-term pain management.
- Amputations and Crushed Limbs: Backseat riders and drivers are at risk of crushing injuries, which can lead to amputation if blood flow is not restored. This type of injury has lasting physical and emotional effects.
Who Pays My Medical Bills After a Rideshare Accident?
Florida’s no-fault insurance laws require registered drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. This insurance typically covers medical expenses and lost wages for minor injuries. However, severe accidents often exceed PIP limits. When this happens, you may need to file a claim against the rideshare driver or the rideshare company’s insurance policy to recover additional expenses.
I Don’t Have PIP Insurance, So Now What?
If you don’t own a vehicle or carry PIP insurance, coverage may extend from immediate family members in your household. Additionally, some rideshare companies provide limited medical coverage for injured passengers without PIP insurance. However, this coverage is often insufficient for serious injuries. Consulting a personal injury attorney is the best way to explore your options for obtaining full compensation.
Can I Sue a Rideshare Company After One of Their Drivers Caused an Accident?
Determining liability in a rideshare accident can be complex. Rideshare drivers are typically independent contractors, which shields companies like Uber and Lyft from direct responsibility. However, there are situations where the rideshare company may share liability, such as:
- Failing to perform adequate background checks.
- Ignoring red flags in a driver’s history.
- Retaining drivers with known traffic violations or prior accidents.
An attorney can investigate these factors to determine whether a rideshare company is partially or fully liable.
Another Driver Caused a Rideshare Accident, Do I Still Sue the Rideshare Driver or Company?
You should always consult an attorney about who is best to name in a lawsuit because the facts of the case can influence that choice. Typically, once a rideshare accident victim files a PIP claim, they go after the party who caused the accident, even if it is a driver in another vehicle.
How Long Do I Have to Take Legal Action After a Rideshare Accident?
In Florida, you generally have two years to file a lawsuit for injuries sustained in a rideshare accident. For wrongful death claims, eligible family members must also act within this two-year window. It’s important to contact an attorney promptly to avoid missing critical deadlines.
Do I Have to Go to Court After a Rideshare Accident?
Most rideshare accident claims are resolved through settlement negotiations before reaching trial. However, if an insurance company denies your claim or fails to offer fair compensation, your attorney may file a lawsuit and take the case to court. If this happens, you may need to testify, but a skilled lawyer will guide you through the process.
How Much Is My Rideshare Accident Claim Worth?
The value of a rideshare accident claim depends on factors such as the severity of your injuries, the impact on your life, and whether you share any responsibility for the accident. Compensation may include medical expenses, lost wages, and future treatment costs. Your attorney can provide a better estimate based on your specific circumstances.
How Can an Attorney Help After a Rideshare Accident?
Rideshare accident cases can be complicated, involving multiple parties, insurance companies, and legal teams. An experienced attorney can handle the legal details while you focus on recovery. From gathering evidence to negotiating with insurers, a lawyer will build a strong case on your behalf. They will fight to ensure you receive the compensation you deserve, even when facing powerful companies like Uber and Lyft.