Slip and fall accidents can happen suddenly and unexpectedly. Though many are just accidents, some slip and fall injuries were caused by the negligence of one or more parties. Unfortunately, these accidents can cause serious injuries, from traumatic brain injuries to broken bones, and, for some, completely alter their way of life.
If you or a loved one is hurt because someone else’s negligence caused you—or your loved one—to slip and fall, you have the right to hold them responsible for their behavior. Distasio Law Firm is here to help.
We understand how traumatic personal injury accidents can be. While we cannot turn back the clock to undo what happened to you, a Dade City slip and fall lawyer can take the necessary steps to hold the negligent party responsible for their actions. For a free, no-risk review of your case, contact an experienced injury attorney today.
Types of Injuries Caused by Slip and Fall Accidents
While any number of injuries can occur in a slip and fall accident, some of the more common types of injuries include:
Traumatic Brain Injuries (TBIs)
According to the Centers for Disease Control and Prevention, in 2014, an average of 155 people died every day because of injuries that included TBIs. TBIs are a major cause of death and disability in the U.S., and falls are a primary cause of this type of injury. A traumatic brain injury is caused by a strike to the head that disrupts the normal function of the brain. Mild TBIs are often referred to as concussions and may lead to only a temporary headache. However, in severe cases, the victim may experience profound confusion and changes in personality and behavior.
Broken hips are another common injury in falling accidents, especially among the elderly. In fact, the CDC reports that at least 300,000 older people are hospitalized annually because of hip fractures. While these injuries can be devastating for older adults who may succumb to other complications as a result of the hip fracture, they are serious at any age and typically require surgery.
Spinal Cord Injuries
These injuries can occur as a result of falling from significant heights. The spinal cord is responsible for taking messages from the brain to other parts of the body. If the spinal cord is damaged, it can be impossible for messages to be delivered properly. People with spinal cord injuries may experience tingling or numbness in the extremities, difficulty walking, or be unable to move their arms or legs. The majority of people require assistive devices to cope with the loss of mobility.
Knee injuries can occur if you fall directly on the knee cap or twist your knee during a fall. Some of the most common types of knee injuries include ligament tears, dislocations, fractures, and sprains. While many knee injuries can be treated with bracing and rehabilitation, some require surgery.
Broken arms can occur if someone tries to protect themselves during a fall by reaching out their hand. The arm must be kept immobile in order to heal. In some cases, surgery is necessary to properly realign the break. Though these injuries usually heal without a problem, complications can occur, including bleeding or infection if the bone breaks through the surface of the skin.
If you suffered injuries in one of these ways or some other way and your accident was the result of someone else’s negligence, you have the right to hold them responsible for their behavior. A seasoned Dade City slip and fall injury attorney may be able to assist you. For a free, no-risk consultation, contact Distasio Law Firm today.
Establishing Negligence After a Slip and Fall Accident
In order to establish that another party is responsible for your falling accident, we must prove that the four elements of negligence are present. They are:
- Duty: The defendant owed a duty of care to the plaintiff
- Breach of duty: They breached their duty and behaved in a way that a reasonable person would not
- Causation: The breach of duty was the cause of the plaintiff’s accident
- Damages: The plaintiff experienced losses as a result of the accident
These cases often hinge on what a reasonable person would do. For example, would a reasonable person have been able to foresee the possibility of an accident? Would a reasonable person have been aware of the danger?
Laws That May Impact Your Injury Claim
There are two laws that could impact your claim: the statute of limitations and contributory negligence.
Under Florida Statute §95.11, you have four years to file a claim after suffering injuries in a personal injury accident like a slip and fall. After four years, the courts generally bar you from recovering any type of compensation to cover your losses.
Contributory negligence is also something you should be aware of. Under Florida statute §768.81, if the courts find you partially responsible for the accident, any compensation you can recover will be reduced by your degree of responsibility. In other words, if you are 20% responsible for the accident, your compensation will be reduced by 20%.
Defendants often use contributory negligence as a defense tactic, and the defense may try to assert that you are more responsible for the accident than you are. A skilled Dade City slipping and falling accident lawyer can protect you against strategies like this.
Contact a Dade City Slip and Fall Attorney Now
We understand how overwhelmed you may be at the idea of pursuing damages while you are still recovering from your injuries. However, time is important in these cases and it would be wise to discuss your case with a Dade City slip and fall lawyer. Memories can fade over time, and the sooner we begin investigating your case, the easier it will be to gather evidence. If you are ready to get started now or would like us to review your claim, contact Distasio Law Firm today.