Each year, three million adults 65 and older go to the hospital for treatment for injuries from falls, and this figure does not include the number of people under 65 injured by falls. The Bureau of Labor Statistics (BLS) reports that falls are one of the most common causes of workplace injuries, ranking as the third most common cause of injuries in the healthcare, production, transportation, and material moving industries.
Common injuries from falls include the following:
- Abrasions
- Bruises
- Fractures
- Lacerations
- Organ damage
- Spinal cord injuries (SCIs)
- Sprains
- Traumatic brain injuries (TBIs)
A fall can be frightening and raise questions about how you will function and work after suffering a fall injury. You may be wondering if you can get a slip-and-fall settlement without surgery and how to recover compensation for a fall. Understanding your legal options and how a slip-and-fall injury attorney can help can give you confidence about how to seek justice after a slip-and-fall accident.
Grounds for Slip-and-Fall Claims in Florida
Florida laws determine the grounds for personal injury claims, including slip-and-fall accident claims. Your case must meet several requirements to justify a claim.
Severity of the Injury
The severity of your injury is one factor that determines whether you have legal grounds for a claim. The severity of your injuries justifies damages because it’s more likely you’ll need medical care and be unable to work or function normally if you suffer more severe injuries. Injury severity is a factor, but it is not the sole determining factor that establishes your grounds for a legal claim. You do not need to have surgery to be able to pursue a slip-and-fall settlement.
Negligence and Real Damages
Establishing someone’s liability for slip-and-fall accidents involves proving that their negligence led to calculable damages. The following four criteria must be met to establish grounds for a claim:
- Duty of care: People have a responsibility to maintain safe environments. This duty applies to homeowners, property managers, and business managers. It is fair to expect the people who own or manage a property to take reasonable steps to prevent guests or employees from suffering injuries. The Florida Statutes outline scenarios where it is reasonable to expect a property owner or manager to know about unsafe conditions and be liable if they do not address them.
- Breach of duty: Individuals breach their duty of care when they fail to identify or eliminate known safety risks. Placing a wet floor sign near a puddle of water fulfills a store manager’s duty of care. However, if the manager knows about the wet floor or other unsafe conditions, such as trip hazards or broken railings, and takes no steps to eliminate the condition or warn customers and staff about the risk, they have breached their duty.
- Causation: Winning a slip-and-fall claim involves demonstrating that the at-fault party’s negligence caused the damages you incurred.
- Damages incurred: You must show that your injury had a cost, which can include financial costs, such as medical bills and lost wages. The cost can also be a personal toll you experience, such as pain and suffering.
How To Protect Your Rights After a Slip-and-Fall Accident Without Surgery
Taking the following steps after a slip-and-fall accident will strengthen your claim:
- Medical care: You should seek treatment from licensed medical professionals immediately. Your medical care will establish the cause and nature of your injuries and required treatment, proving causation.
- Document the accident: Use your smartphone to take photos and videos of your injuries and the accident site. Capture images of anything relevant to the cause and severity of your accident; for example, images of the surrounding area can establish the lack of warning signs about the safety hazard that caused your accident. Write down any relevant details about the scene and incident.
- Contact information: Collect phone numbers and email addresses of anyone who witnessed your accident.
- Contact a slip-and-fall attorney: You contact an attorney from the accident site to receive immediate legal counsel. But overall, the sooner you call an attorney, the better. Your lawyer will perform an accident investigation and help you determine how much compensation you can seek. They will also prepare and issue a demand letter to the at-fault party’s insurance company and lead negotiations to reach a fair settlement. Your attorney will represent you in court if they can’t settle your claim.
How Much Can I Get for a Slip-and-Fall Claim Without Surgery?
The compensation you can seek for a slip-and-fall without surgery depends on multiple factors. Suppose you’re a parent and are unable to care for your children during your recovery. You may have childcare bills that a child-free adult would not have.
You calculate the economic damages you can seek by adding up all the costs you’ve incurred because of your accident. Eligible expenses include the following:
- Childcare costs
- House cleaning bills
- Lost income
- Medical bills
- Property damage
- Transportation costs
Non-economic damages are more complex because they do not come with financial receipts. Reasons you can justify non-economic damages include suffering from mental, personal, and physical repercussions from your injuries, such as the following:
- Anxiety
- Depression
- Grief
- Loss of intimacy
- Loss of quality of life
- Pain and suffering
In severe cases where recklessness or gross negligence leads to slip-and-fall injuries, you can also seek punitive damages.
If You Have Been Injured in a Slip-and-Fall Accident, Let Jack Bernstein, Injury Attorneys, Fight for Your Rights
Jack Bernstein, Injury Attorneys, is ready to answer your questions and help you get justice after a slip-and-fall accident in Tampa. We will determine who’s at fault for your slip-and-fall claim and fight to get you the maximum compensation available for your slip-and-fall injuries.
Sources:
Employer-Reported Workplace Injuries and Illnesses – 2021–2022. (2023).
Facts About Falls. (2023).
The 2023 Florida Statutes (including Special Session C). (2023).