Slip and Fall
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Orlando Slip & Fall Attorney
Slip and Fall Claims
At Maaswinkel Law, P.A., we take slip and fall accidents seriously because we understand how devastating these accidents can be, especially when they happen at nursing homes or in the workplace. According to the Centers for Disease Control and Prevention (CDC), 1 out of 5 falls causes serious injury.
If you or a loved one is injured or killed by a slip & fall, you may be wondering about the legal options available to you. Maaswinkel Law, P.A. can help you understand your rights and take legal action, if appropriate.
Common Causes of Slip and Fall Accidents
Slip & fall accidents can happen anywhere, but they are of particular concern at workplaces and nursing homes. The most common causes of slip and fall accidents include:
- Working from heights (ladders, roofs, scaffolding)
- Wet or slippery floors
- Defective floors and flooring materials
- Uneven surfaces
- Snow and ice
- Electrical cords and clutter
- Crowded walkways
- Inadequate lighting
- Poorly constructed staircases (i.e. no handrails)
- Nursing home neglect (inadequate training, improper transfers)
If one of the circumstances above caused you or your loved one to slip, trip, or fall, our Orlando slip & fall lawyers are here to help.
Who Is Liable?
Many of the situations we described in the previous section constitute negligence on behalf of property owners and/or government organizations. If you can prove negligence in settlement negotiations or a court of law, the party in charge of the property may be found liable for your injuries.
For example, if a homeowner fails to clear their driveway of snow and ice during the winter before inviting you over, they may be able to cover the costs associated with your injuries using their homeowner’s insurance. Similarly, businesses with wet or uneven flooring may be responsible for your injuries if you fall while shopping or dining.
Luckily, when it comes to slip & fall claims and premises liability in general, most parties have insurance policies that can help them cover the costs of your accident. Still, insurance companies don’t always have your best interest at heart, so you may need an experienced Orlando slip and fall attorney to help you negotiate.
In some cases, you may also need to make a claim against a government entity or an institution. In nursing homes, for instance, staff owe your loved one an explicit duty of care and can be found liable for violating it. You can also take legal action against government bodies, like those responsible for maintaining sidewalks, but you will have to adhere to strict procedural policies.
Proving Property Owner Negligence
One of the biggest challenges in premises liability cases is proving liability for the injuries sustained. There are many factors of proving liability but generally, the injured party will have to prove:
- that the person whose actions led to the injury (the defendant) owned, leased or occupied the property
- that the defendant was negligent in their use or treatment of the property
- that this negligent behavior was a substantial factor in causing the injuries sustained
Third-Party Claims in Workplace Accidents
In some cases there is reason to file a worker’s compensation claim as well as a third-party claim. A third-party claim can be made against a person, company, or entity whose negligence may have resulted in your injury or accident at work.
Examples of third-party work-related injury claims include:
- Claims related to defective products, such as construction site tools and equipment, warehouse equipment, and more.
- Injuries caused by another driver while you were driving as part of your job.
- Toxic exposure claims
- Claims against negligent government agencies and other entities
No matter the circumstances of your slip & fall accident, Maaswinkel Law, P.A. can guide you through making and resolving a claim. When someone else is negligent, they should be liable for your injuries.
Common Slip and Fall Injuries
Each year, falls cause more than 8 million emergency room visits and slip & fall accidents, specifically, account for at least 1 million visits to the hospital. Fractures are the most serious consequences of falls for people of all ages, but for individuals over 65 falls can be fatal and/or constitute catastrophic injuries. For people over 65, falls are the second leading cause of spinal cord injuries, and overall, falls are the leading cause of traumatic brain injuries.
Common slip and fall injuries include:
- Fractures (broken bones)
- Catastrophic hip injuries
- Spinal cord injuries
- Traumatic brain injuries
- Temporary and permanent disability
- Post-traumatic stress disorder (PTSD)
- Phobias (fear of falling)
Workplace falls are the leading cause of workers’ compensation claims and the leading cause of occupational injury for those aged 55 and older. While fall-related deaths are more common in the construction, mining, and maintenance fields, fatal falls can happen anywhere.
How Our Orlando Slip and Fall Lawyers Help
If you have a valid case, our attorneys will help you file a personal injury claim against the parties responsible for your slip and fall accident. We may be able to settle this claim with the at-fault party’s insurance company, but Maaswinkel Law, P.A. is always prepared to fight for your rights and take your claim to court if necessary.
A successful settlement or verdict can help you cope with:
- Medical expenses
- The costs of rehabilitative care
- Time away from work
- Diminished earning potential
- Pain and suffering
- Loss of enjoyment of life
If you are ready to fight for the resources you deserve…
Call Maaswinkel Law, P.A. Today
With nearly 30 years of hands-on legal experience, Attorney Gregory C. Maaswinkel will guide you through your lawsuit and pursue the most favorable results on your behalf. Our legal team is known for its compassion and know-how, and we will always treat you with kindness and respect.
While we support your physical, emotional, and financial recovery, we will also negotiate your case with strength and determination. The at-fault party has already harmed you, and we will not let them take advantage of you further.
For advocates you can trust, please call Maaswinkel Law, P.A. at today or contact us online to set up your free case evaluation.
What Sets Us Apart
43-year-old female client rear-ended by a landscaper pick-up truck in Orlando, Florida. She underwent neck surgery and suffered a mild traumatic brain injury. The insurance company denied that the truck accident caused a brain injury.
Workers’ Compensation Injury
A 55-year-old male client injured on the job when a tractor-trailer rear-ended his work vehicle in Brevard County, Florida. As a result of the accident, he injured his left shoulder rotator cuff and underwent a lower back lumbar fusion paid for by workers’ compensation. His wife recovered compensation for loss of consortium (the damage to their marital relationship).
A 40-year-old female client was involved in a rear-end car accident in Polk County, Florida. As a result of the accident, she suffered injuries to her neck and back. The at-fault driver’s insurance company offered $9,000.00 to settle without a lawsuit. We refused to accept that offer and filed a lawsuit for our client. The insurance company hired a doctor who testified the accident was not the cause of her current pain but rather her pain was due to her age and weight.
Tractor Trailer Accident
A 10-year-old male client that was a passenger in an SUV when it was hit by a tractor-trailer. The truck driver was traveling at an unsafe speed for the weather conditions on a rural country road in Lake County, Florida. He sustained broken legs as a result of the truck accident. The insurance and trucking company wrongfully claimed our client was not seat belted in the SUV.
Truck Driver Injured at Work
Combined personal injury and workers compensation recovered for a 41-year-old male truck driver who was injured while on the job in Manatee County, Florida.
Construction Site Injury
This is a feature block that you can use to Combined personal injury and workers compensation recovered for a 44-year-old male construction worker injured on a construction site in Titusville, Florida when a subcontractor driving a truck negligently backed into our client, pinning his hand to a concrete structure.
We won a combined personal injury and underinsured motorist (UM) recovery for a 61-year-old female client who was driving a vehicle in Sanford, Florida when the defendant changed lanes and struck her in the passenger side.
Careless Driving Accident
We recovered $350,000 for a 42-year-old male client who was rear-ended by a careless driver in Sarasota, Florida.
Slip & Fall on the Job
We won a combined personal injury and workman compensation recovery for a 36-year-old male client who was injured on the job when he slipped and fell on ice cubes while delivering food supplies to the back kitchen of a restaurant in Jupiter, Florida.
Slip & Fall a Thrift Store
We recovered $295,000.00 for a 56-year-old female who slipped and fell on a handicap ramp at a thrift store in Orlando, Florida.