Trip and Falls

What does the law say about my trip and fall case?

Trip and fall incidents are like slip and falls. However, instead of a “foreign and fluid” substance a trip and fall occurs when an object causes someone to trip, lose their balance, and fall which causes injuries. Common trip and fall scenarios include tripping on:

A protruding object on the ground;
Uneven pavement on the floor;
Elevation between the street and sidewalk;
Objects that are left on the floor such as ropes, construction materials, and merchandise.

Unlike a “slip and fall”, a trip and fall typically causes a person to fall forward instead of backwards. These cases may be hard to prove. For example, it is often the burden of the Plaintiff to explain why the object was not “open and obvious” and instead it was concealed.

305 Injury is well-equipped to tackle these specialized cases and ensure that the insurance companies and responsible parties understand the veracity of your claim.

Seeking legal advice after experiencing a trip and fall accident can be immensely beneficial. Firstly, consulting with a seasoned attorney ensures that you fully understand your legal rights and options in pursuing a claim. A proficient lawyer can assess the circumstances surrounding your accident to determine if negligence or hazardous conditions played a role, helping to establish liability. 
They can then guide you through the intricate process of gathering evidence, such as incident reports, photographs, and witness testimonies, to strengthen your case.
Additionally, legal counsel can handle communication with insurance companies and property owners, negotiating on your behalf for a fair settlement to cover medical expenses, lost wages, and other damages. 

With their expertise in navigating the legal system, an attorney can provide invaluable support and representation, ultimately working towards achieving the best possible outcome for your trip and fall claim.
The duration of a trip and fall case can vary widely depending on numerous factors.
Firstly, the complexity of the case plays a significant role; cases involving clear liability and straightforward damages may be resolved more swiftly, while those with disputed liability or extensive injuries may take longer to settle or proceed to trial.

Additionally, the legal process itself can be time-consuming, encompassing various stages such as investigation, discovery, negotiation, and potentially litigation. Initial investigations to gather evidence, including witness statements, incident reports, and photographs, can take several weeks or months.
Subsequent negotiations with insurance companies or property owners may also prolong the process, especially if there are disagreements regarding liability or the extent of damages. If a settlement cannot be reached, the case may proceed to trial, further extending the timeline. Court schedules and backlogs can also influence the duration of a trip and fall case, with some cases taking several years to reach resolution.
Ultimately, while some cases may be resolved relatively quickly, others may require patience and persistence to achieve a favorable outcome. Working closely with an experienced attorney can help streamline the process and increase the likelihood of a successful resolution within a reasonable timeframe.

Below you can find a link to my Florida Bar profile: