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Premises liability law in Florida is a complex area of personal injury law that holds property owners and occupiers accountable for injuries that occur on their property. This area of law covers a wide range of incidents, including slip and fall accidents, swimming pool accidents, dog bites, inadequate security leading to assault or theft, elevator and escalator accidents, and exposure to hazardous substances. The essence of a premises liability claim is that the property owner or occupier failed to maintain a safe environment, leading to injury or harm.
Property owners have a legal obligation to ensure their premises are safe for visitors. This includes regular inspections to identify potential hazards, timely repairs of known dangers, and adequate warning signs for areas that might pose a risk. When property owners neglect these responsibilities, and someone is injured as a result, the injured party may have grounds for a premises liability claim. These claims can seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury.
In Florida, determining liability in a premises liability case hinges on the property owner’s duty of care, which varies based on the visitor’s classification:
Establishing the property owner’s duty of care and proving that they breached it is a critical step in a premises liability case. An experienced personal injury attorney can help navigate these complexities and build a strong case on your behalf.
Pursuing a premises liability claim in Florida can be a daunting and complex process. It involves gathering evidence to prove the property owner’s negligence, documenting your injuries and their impact on your life, and navigating the legal system. Ehrlich & Naparstek’s experienced attorneys can guide you through every step of this journey.
From the initial consultation, where they will listen to your story and assess the viability of your claim, to the investigation phase, where they will gather evidence such as incident reports, witness statements, and medical records, Ehrlich & Naparstek will be by your side. They will also handle negotiations with insurance companies, ensuring that you are not pressured into accepting a lowball settlement. If necessary, they are prepared to take your case to court and advocate for your rights before a judge and jury.
Florida’s comparative fault system can significantly impact the outcome of a premises liability case. Under this system, if the injured party is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 30% at fault for not paying attention to a warning sign, your compensation would be reduced to $70,000.
This aspect of Florida law highlights the importance of having skilled legal representation. An experienced attorney can help minimize the percentage of fault attributed to you, maximizing your potential compensation.
Choosing the right legal representation can make a significant difference in the outcome of your premises liability case. Ehrlich & Naparstek have a proven track record of successfully representing clients in a variety of premises liability cases. Their attorneys are dedicated to fighting for the rights of injured individuals and ensuring they receive the compensation they deserve.
With their expertise in Florida premises liability law, personalized approach to each case, and commitment to client satisfaction, you can trust Ehrlich & Naparstek to handle your case with the care and attention it deserves. They will work tirelessly to achieve the best possible outcome for you, allowing you to focus on your recovery.
Exceptionally professional and incredibly helpful! Their team consistently goes above and beyond to resolve any issues I encounter. Their customer support is top-notch, and you can reach out to them at any time for assistance.
When you entrust your legal matters to this law firm, you're not just another client; you become part of their extended family. Their level of understanding is truly exceptional. Our family tragically lost our beloved son in a devastating motorcycle accident, and Matt's compassion and genuine concern were nothing short of remarkable and heartwarming. Throughout this challenging journey, he assumed command of the situation and streamlined the entire process, making it significantly more manageable for us. The support and care we received from Matt and the entire team at this law firm went beyond our expectations, providing a glimmer of comfort during our darkest times.
Ken and his team are undoubtedly the best lawyers I've ever had the pleasure of working with. Ken's dedication to his craft is nothing short of amazing. He truly loves what he does, and his passion shines through in every aspect of his work, making it a truly remarkable experience. Unlike many other lawyers who make grand promises, Ken and his team keep it refreshingly real. My entire family has been incredibly impressed with Ken's expertise and professionalism, and I wholeheartedly recommend him to anyone in need of legal assistance. Ken and his team are the real deal, and you can trust them to deliver exceptional results.
FL iNJURY aTTORNEYS
Ehrlich & Naparstek, premier FL Injury Attorneys, serve the Treasure and Space Coasts from Stuart to Boca Raton. Specializing in Personal Injury and Workers’ Compensation, we champion for full, fair compensation across South Florida. With a presence from Boynton Beach to Wellington, we combine the might to challenge big insurers with the warmth of a family firm. Choose Ehrlich & Naparstek for dedicated representation.”
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In Florida, the statute of limitations for most personal injury claims is four years from the date of the injury. This means that if you've been injured, you have four years to initiate legal proceedings. If you fail to file your lawsuit within this time frame, you may lose your right to seek compensation.
Florida operates under a no-fault insurance system. This means that after most traffic accidents, your own insurance policy will compensate you for medical expenses and lost income, irrespective of who was at fault. However, in severe injury cases, you might be able to step outside this no-fault system and file a lawsuit against the at-fault driver.
Florida follows a pure comparative negligence rule. If you're found to be partially at fault for your injury, your compensation may be reduced by a percentage equal to your share of the blame. For instance, if you're found to be 20% at fault, you can still recover 80% of your total damages.
In Florida, you can seek compensation for both economic and non-economic damages. Economic damages include tangible costs like medical bills and lost wages, while non-economic damages cover intangibles like pain and suffering, emotional distress, and loss of enjoyment of life.
The duration varies based on the complexity of the case, the parties involved, and the evidence. While some cases might settle quickly, others, especially those that go to trial, can take months or even years to resolve.
We operate on a contingency fee basis. This means that we only get paid if you win your case or secure a settlement. Typically, the fee is a percentage of the compensation you receive.
First, prioritize your safety and seek medical attention. Then, if possible, document the scene, take photographs, gather witness information, and report the incident to the police or relevant authorities. It's also advisable to contact a personal injury attorney as soon as possible.
If you're hit by an uninsured or underinsured driver in Florida, you can turn to your own insurance policy's uninsured/underinsured motorist coverage. This coverage can help compensate for your injuries and damages.
Pain and suffering are subjective and can be challenging to quantify. Evidence such as medical records, therapy sessions, personal journals, and testimonies from friends and family can help establish the extent of your pain and suffering.