Our Experienced Trial Attorneys Help Slip-and-Fall Accident Victims Seek Appropriate Financial Compensation for Their Injuries and Losses in Miami, Florida
Slip and fall lawsuits and accident claims in Miami seek compensation for injuries due to scenarios such as slipping on a wet department store floor, catching a heel on broken concrete, or another accident of a similar nature. The owner of the property may be liable for your injuries from the fall if their failure to keep the property safe caused your injuries. These injuries can occur due to poor maintenance, failure to keep the area clean, or some other lapse in care. Our experienced Miami slip and fall accident attorneys at Ward Ruddock are here to help you seek appropriate compensation for your injuries and losses under Florida’s premises liability laws.
Have you or a loved one suffered a slip and fall accident in Miami due to someone else’s carelessness? A slip and fall injury can have serious physical, emotional, and financial effects for the rest of your life. Don’t face this challenging situation alone.
Our experienced personal injury trial attorneys at Ward Ruddock help slip-and-fall accident victims in Miami seek fair compensation for their injuries and losses. We gather essential evidence, assess common injuries, and handle complex insurance claims to seek fair compensation. With extensive courtroom experience, we negotiate settlements and represent clients at trial when necessary.
Contact us through our online form or call us at (305) 390-4259(305) 390-4259 to schedule a FREE, no-obligation consultation to discuss your legal options. Your slip and fall injury can significantly affect your future, and we provide tailored guidance to seek your recovery. We want to be Your Attorneys For Life.
Key Takeaways
- Ward Ruddock’s experienced personal injury attorneys help slip-and-fall victims in Miami seek fair compensation for injuries and losses under Florida’s premises liability laws
- Florida’s modified comparative negligence rule affects compensation based on shared fault in slip-and-fall cases
- The statute of limitations for slip-and-fall claims in Miami is two years from the accident date
- The lawyers at Ward Ruddock offer legal representation on a contingency fee basis, which means our clients do not pay upfront costs when we help them seek the monetary compensation they need to support their recovery — our clients only pay us if we win money for them
- Ward Ruddock offers free consultations to assess the merits of a case and explain legal options to slip and fall accident victims in Miami
Common Slip and Fall Injuries in Miami, Florida
Slip and fall accidents in Miami commonly lead to significant injuries, such as:
- Fractures and broken bones (from simple fractures to more severe compound breaks)
- Injuries to wrists, ankles, or hips (depending upon the nature of falls)
- Head injuries, including concussions and traumatic brain injuries (which may involve significant neurological damage and long-term cognitive issues)
- Neck or back injuries, including spinal cord injury
- Soft tissue injuries (such as sprains, strains, and bruising)
Common Miami Slip-and-Fall Locations and Scenarios
Slip-and-fall accidents in Miami frequently occur in retail establishments such as supermarkets and grocery stores, big box stores, department stores, storefronts, and shopping malls. Wet floors from spills or recent cleaning, uneven surfaces, and poorly maintained walkways or parking lots often contribute to these incidents.
Restaurants and bars in Miami are common sites for slip-and-fall accidents. Spilled drinks, food debris, and inadequate lighting can create hazardous conditions for patrons and employees alike.
Public spaces in Miami and South Florida, including sidewalks, parks, and government buildings, also present slip-and-fall risks. Cracked pavements, inadequate maintenance, and weather-related hazards can lead to accidents in these areas.
Determining Fault for a Slip and Fall Accident in Miami, Florida
Determining fault in Miami slip and fall accidents involves understanding Florida’s premises liability laws, modified comparative negligence, and visitor classifications.
- Property owners have specific responsibilities to maintain safe conditions.
- Florida’s modified comparative negligence rule affects potential compensation based on the degree of shared fault.
- Visitor classifications impact the property owner’s duty of care to avoid harm to different types of visitors in premises liability cases.
Responsibilities of Miami Property Owners Under Florida’s Premises Liability Laws
Miami property owners bear significant responsibilities under Florida’s premises liability laws, which indicate that Florida property owners must:
- Maintain their properties in reasonably safe conditions
- Promptly address known hazards
- Conduct regular inspections to identify potential dangers
This duty extends to warning visitors about non-obvious hazards that cannot be immediately remedied. Failure to fulfill these obligations qualifies as negligence and may lead to the property owner’s liability for injuries sustained on their premises. Our lawyers at Ward Ruddock review case details and collect evidence to demonstrate that a property owner failed to uphold this duty of care towards an injured visitor.
Modified Comparative Negligence in Florida
Florida follows the modified comparative negligence rule in slip and fall cases. This rule encourages both property owners and visitors to exercise caution and take responsibility for safety.
Under this system, the court determines the percentage of fault for each party involved. If the injured party is found to be 51% or more at fault, they cannot recover damages. However, if their fault is 50% or less, they can still claim compensation, but the amount is reduced by their percentage of fault.
| Fault Percentage | Compensation Eligibility |
| 0-50% at fault | Eligible to claim compensation, which may be reduced by degree of fault |
| 51% or more at fault | Not eligible to claim compensation |
Classes of Visitors in a Premises Liability Case in Florida
Florida law recognizes three classes of visitors in premises liability cases:
- Invitees: Individuals invited onto the property for business purposes
- Licensees: Social guests who are owed a moderate duty of care
- Trespassers: Individuals visiting a property without permission, who are owed only minimum protections against willful or wanton injury
Our lawyers at Ward Ruddock can determine which of these classifications will determine the property owner’s level of responsibility in your slip and fall accident claim during a free consultation.
What To Do Immediately Following a Miami Slip and Fall Accident
Following a slip and fall accident in Miami or South Florida, taking the appropriate immediate actions regarding prompt medical attention and collection of evidence can significantly impact the strength and eventual resolution of your slip and fall case.
Seeking Prompt Medical Attention
Prioritize your health and well-being by seeking immediate medical attention. Even seemingly minor injuries can have long-term consequences if left untreated. Seeking immediate medical attention after a slip and fall accident in Miami can be powerful when filing an insurance claim or pursuing legal action for two reasons:
- Prompt medical care encourages proper diagnosis and treatment for injuries
- Appropriate medical treatment creates an official record of the incident
The documentation from your medical visit can be powerful when filing an insurance claim or pursuing legal action. Even if injuries seem minor, some conditions may worsen over time, making early diagnosis and treatment essential for both recovery and legal purposes. Maintaining open communication with healthcare providers about any lingering symptoms or concerns is paramount in managing one’s medical care effectively.
Upon seeking medical care, it is important to follow the treatment plan prescribed by healthcare professionals. This may include follow-up appointments, physical therapy, or medication management to pursue a full recovery. Discuss any medical attention and treatment you have undergone with your lawyer. At Ward Ruddock, guide you throughout your case to follow up with medical professionals, supporting your legal case and your physical recovery.
Preserving Evidence and Locating Witnesses
Preserving evidence and locating witnesses are key priorities following a Miami slip and fall accident. Victims should document the scene by taking photographs of the hazardous condition, their injuries, and the surrounding area.
Also, be sure to collect contact information from any witnesses present. These actions help build a strong case by providing tangible proof of the accident’s circumstances and supporting testimonies.
Our lawyers at Ward Ruddock can guide you regarding each of the steps to preserve evidence, which include:
- Photograph the accident scene and hazardous condition
- Collect witness contact information
- Request and retain incident reports from property owners or managers
- Keep all medical records and bills related to the injury
- Save any clothing or personal items damaged in the fall
We can discuss these steps as they relate to the details of your unique case during a free consultation.
The Statute of Limitations for a Slip and Fall Claim in Miami, Florida
In Miami, Florida, the statute of limitations for slip and fall claims is two years from the date of the accident. This time limit applies to the majority of personal injury cases, including those involving premises liability. Injured parties in Florida must file their lawsuit within this period to preserve their right to seek compensation.
The two-year statute of limitations begins on the date of the slip and fall accident. However, in some exceptions, the discovery rule may apply. This rule can extend the filing deadline for some cases in which the injury was not immediately apparent, allowing the time limit to begin from the date the injury was discovered or should have been discovered.
Failing to file a slip and fall claim within the statute of limitations can lead to the case being dismissed. Injured Miami residents should consult with an experienced personal injury attorney promptly after an accident to file their claim within the legal time frame. Taking this timely action helps protect your rights and can increase the chances of a successful claim resolution.
Types of Damages in a Miami Slip and Fall Claim
Slip and fall claims in Miami can involve three types of damages, which are the monetary values an injury victim seeks to support recovery through an injury claim:
- Economic Damages: Cover tangible financial losses
- Noneconomic Damages: Address intangible and subjective suffering
- Punitive Damages: Seek to punish a defendant for egregious behavior or harm
Both economic damages and noneconomic damages seek to compensate for specific losses a victim has suffered. Punitive damages, though rare, may be awarded in cases of extreme negligence.
Victims seeking fair compensation should become familiar with these categories of damages. Our attorneys at Ward Ruddock can help you determine the damages in your case during a free consultation.
Economic Damages
Economic damages in Miami slip and fall cases encompass quantifiable financial losses incurred by the victim. These damages can include the following:
- Medical expenses: These cover treatments related to the injury, from emergency care to ongoing rehabilitation.
- Lost wages: These damages account for time missed from work due to the injury, including potential future earnings if the victim’s ability to work is impacted long-term.
- Additional services: Sometimes injury victims must hire others to perform tasks they cannot perform due to their injuries.
- Property damage: This potential compensation can account for items damaged during the fall, such as clothing or personal belongings.
Noneconomic Damages
Noneconomic damages in Miami slip and fall cases compensate victims for intangible losses that don’t have a specific monetary value. These damages typically include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Courts consider various factors when determining noneconomic damages, such as the severity of injuries, impact on daily life, and long-term consequences. Our slip and fall attorneys in Miami work to quantify these subjective losses to pursue fair compensation for slip and fall injury victims. Our attorneys at Ward Ruddock can begin evaluating these damages during a free consultation.
Punitive Damages
Punitive damages in Miami slip and fall cases are rarely awarded but may be considered in instances of extreme negligence or intentional misconduct by property owners. These damages serve to punish the defendant and deter similar behavior in the future.
Florida law caps punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater. Courts carefully evaluate the defendant’s actions and financial situation before awarding punitive damages in slip and fall cases.
Determining the Value of a Valid Slip and Fall Claim in Miami, Florida
Determining the value of a valid slip and fall claim in Miami, Florida involves assessing various factors involving the damages and the degree of fault under our state’s modified comparative negligence rule.
The extent of the property owner’s negligence plays a major role in valuing a slip and fall claim. Cases with clear evidence of negligence often lead to higher settlements. Insurance policy limits and the defendant’s financial resources can also influence the potential compensation.
Our slip & fall attorneys at Ward Ruddock in Miami calculate both economic and non-economic damages, considering future medical costs, long-term effects of injuries, and emotional distress when determining claim value. The following table outlines key factors affecting claim value:
| Factor | Impact on Claim Value |
| Injury Severity | Higher severity increases value |
| Medical Expenses | Higher expenses increase value |
| Lost Wages | More lost income increases value |
| Negligence Evidence | Stronger evidence increases value |
| Insurance Limits | Higher limits allow for larger claims |
Elements Required to Prove Your Miami, Florida Slip and Fall Claim
Proving a slip and fall claim in Miami requires establishing four key elements:
- Duty of Care: The owner of the property had a responsibility to avoid harm to the visitor
- Breach of Duty: The owner failed to uphold the duty to prevent harm to the visitor
- Causation: The breach of duty caused the slip and fall incident
- Damages: The plaintiff suffered harms and losses due to the fall incident caused by the breach of duty of care
Property owners owe a duty of care to maintain safe premises for visitors. Plaintiffs must demonstrate that the property owner breached this duty through negligence or failure to address known hazards. Victims must show that their injuries were caused directly by the hazardous condition on the property.
Evidence such as surveillance footage, witness statements, and expert testimony can help establish this connection. A Miami slip and fall accident attorney at Ward Ruddock can guide you throughout your slip and fall case, starting with a free consultation.
Dealing with Insurance Companies and Claim Handlers in a Miami, Florida Slip and Fall Injury Claim
When pursuing a claim for a slip and fall accident, know that insurance companies are not on your side. The insurance company’s main goal is to minimize the amount of compensation they have to pay out to injured individuals.
Insurance claim handlers are skilled at finding ways to reduce or deny your claim altogether. They may use tactics such as questioning the severity of your injuries, disputing liability, or delaying the claims process in the hopes that you will give up.
A knowledgeable and experienced Miami slip and fall accident lawyer from Ward Ruddock can protect your claim from insurance company tactics. We will negotiate with the insurance company on your behalf, fighting for your rights and pursuing legal action if necessary. By having a skilled Miami trial attorney from Ward Ruddock on your side, you can increase your ability to pursue fair and just compensation for your injuries and losses.
How an Experienced Slip and Fall Attorney at Ward Ruddock Can Help You in Miami, Florida
Our experienced slip and fall attorneys at Ward Ruddock offer invaluable assistance to accident victims in Miami, Florida. Our attorneys are here to walk you through the process from start to finish in order to help you seek financial compensation for your injuries and losses. Our lawyers do this by:
- Assessing the validity and value of a slip and fall case during a free consultation
- Working on a contingency fee basis, which means no upfront costs to pursue the financial compensation you need for your injuries and losses (Our clients only pay us if we win money for them)
- Proving fault and liability under Florida’s modified comparative negligence rules
- Identifying the scope of damages, consisting of your expenses and losses due to the incident
- Managing your case and handling the complex legal processes
- Gathering and presenting evidence to support your case
- Accurately filing claims and documentation ahead of the statute of limitations
- Seeking fair and appropriate financial compensation for clients through settlement negotiations
- Pursuing a slip and fall lawsuit in court, if necessary
Our trial experience often significantly impacts settlement negotiations and courtroom case resolutions. We can evaluate your case and highlight the right next steps for you to seek the money you need during a free consultation.
How an Attorney’s Trial Experience Can Affect a Slip and Fall Settlement in Miami, Florida
An attorney’s trial experience can significantly impact slip and fall settlements in Miami, Florida. Our personal injury lawyers at Ward Ruddock have extensive courtroom experience, which often helps us win higher settlements due to our ability to build strong cases and negotiate effectively during negotiations or in court.
Insurance companies and opposing counsel are more likely to offer fair compensation in a settlement offer instead of going to trial when facing a seasoned trial attorney who can present a compelling case to a jury. The majority of cases do not go to trial, and possessing this powerful skill set positions our experienced trial attorneys at Ward Ruddock to pursue accurate case values for the slip and fall injury victims we help in Miami.
We leverage our courtroom skills during negotiations to seek stronger case settlements throughout the process:
| Trial Experience Benefit | Impact on Settlement |
| Strong case preparation | Often increases settlement offers, drawing upon comprehensive facts and evidence to pursue the injury victim’s interests |
| Effective negotiation skills | Often leads to fairer compensation because the attorney argues for an accurate accounting of expenses and losses |
| Ability to pursue accurate case values at trial | Prevents undervalued settlements by emphasizing accurate case valuation throughout the process |
| Courtroom credibility | Encourages favorable negotiations, as defendants avoid trial situations that would be at their disadvantage |
Schedule a Free Consultation with Ward Ruddock To Discuss Your Slip and Fall Case in Miami, Florida and Plan Your Legal Strategy
At Ward Ruddock, we empower slip and fall victims in Miami to make informed decisions about their cases during a free consultation, providing an opportunity for injured individuals to discuss their cases with experienced slip and fall lawyers and explore potential legal strategies to seek financial compensation for their injuries and losses.
During your free consultation, our attorneys at Ward Ruddock will assess the merits of your slip and fall case. We review the circumstances of your fall, evaluate evidence, and explain your legal options. We will identify the right next steps and build a tailored legal strategy, helping you understand your rights under Florida law. Our Miami law firm’s skilled attorneys provide legal services on a contingency fee basis, making professional legal representation accessible without upfront costs. We are committed to helping injury victims in Miami pursue the recovery they need.
At no cost to you, schedule your free case evaluation with Ward Ruddock today by calling (305) 390-4259(305) 390-4259 or filling out our online form. This initial meeting lays the foundation for a strong attorney-client relationship and an effective legal strategy. We will keep you well informed about your legal options throughout your case. At Ward Ruddock, we personalize our services for each client and every type of claim because we want to be Your Attorneys For Life.
