Brandon Stein Law: Don’t Let the Embarrassment of a Slip and Fall Hurt Your Case

Brandon Stein

By: Brandon Stein

If you or someone you know was injured, contact our Fort Lauderdale slip and fall attorneys today.

As a North Miami Beach personal injury lawyer that sues for slip and falls, it is apparent that the moments immediately following a fall are vital for the successful resolution of a case.  It is perfectly understandable that after suffering a devastating fall a person is not thinking about a future lawsuit.  Once that person hits the ground, the only thing crossing his or her mind is the severe pain making its way through their body. Oh yeah, and the extreme embarrassment of taking a huge spill in a public place in front of several people may cross a person’s mind as well.

Putting all of those emotions aside at the time of a slip and fall is not the easiest thing to do.  In fact, being a Fort Myers slip and fall attorney, I frequently notice that a client’s initial reaction after a fall is to get up and leave the scene.  While this may seem like a minor action, it can be extremely damaging to a future personal injury claim.

Immediately following a slip and fall at a store or other business outfit, a person injured should ensure that an incident or accident report is generated.  And if the store owner or employee does not offer to create an incident report, make sure you demand that an accident report is generated and completed with precise details explaining the nature of the fall and the extent of your injuries.  Keep in mind that this document, or lack thereof, is utilized as evidence by the defendant in later proceedings.

For South Florida trip and fall lawyers, litigating a case down the road proves to be extremely challenging should the client fail to complete an incident report following their fall.  Ultimately, an argument must be cleverly devised to explain the client’s failure to complete an incident report. Simply put, it is very easy for a defense lawyer to raise the argument to a jury that: “If the person was so hurt and injured, then why didn’t she take the time to fill out an incident report….what is she hiding?”

Injured?  Contact our Aventura personal injury attorneys today!

Brandon Stein Law: Add Thousands to your Slip and Fall Case

By: Brandon Stein

If you or someone you know was injured in a slip and fall, contact our South Florida lawyers today.

As a Fort Lauderdale injury lawyer, slip and fall accidents are one of the few types of cases that a person can recover thousands of dollars without having to prove liability.  I have been a lawyer for and helped many injured clients that trip and fall at stores, homes, and even on public property.  One would hope that when this type of accident occurs, the business or homeowner carries liability insurance to cover the injury.

In North Miami Beach, when a person is injured from a trip and fall, the vehicle that the lawyer uses to recover compensation for the accident is the liability insurance policy of the store, business owner, or homeowner.  In virtually every insurance policy, a certain amount is identified as the maximum amount a person injured from a slip and fall may recover under the policy.  This is typically the first number a Florida personal injury lawyer looks at upon receipt of the insurance disclosure.  However, there is another area of the insurance policy that must be considered.

Being an Aventura personal injury lawyer that sues stores for slip and falls, it is essential to consider a medical expense provision in the insurance policy.  While every insurance policy may not include this “med-pay” provision, those that do, leave open the possibility of adding thousands of dollars to your settlement.

In order to recover a settlement in a trip and fall case against a business or homeowner, Florida injury lawyers must show that liability exists on the part of the insured.  This is always a challenge because the majority of personal injury cases that come through a Florida attorney’s office are far from slam-dunks on liability.  The beauty of the “med-pay” provision is that funds are tendered to the injured person irrespective of liability.

In essence, so long as “med-pay” is demanded within the required time period specified in the insurance policy, the funds must be disbursed to the client — this is contractual.  So, once this is demanded and the insurance company has copies of all outstanding medical bills incurred as a result of the personal injury, the insurance company is contractually required to disburse the funds immediately.

The downside is that not every insurance policy contains a medical expense provision. However, those that do typically have a limit of $5,000 or $10,000.  And for a North Miami slip and fall lawyer, nothing is better than litigating a case that involves an insurance policy containing this medical expense provision.  This adds thousands to your settlement without having to prove liability.