ORLANDO PREMISES LIABILITY ATTORNEY
Experienced Premises Liability Legal Services in Orlando
Were you injured on another person or business' property? If the right conditions are met, you could have a premises liability case on your hands. With our assistance, you might be able to obtain compensation for your medical bills, lost wages, and pain and suffering.
Get started on your free consultation today with our Orlando premises liability lawyer - contact us online or give us a call at (888) 979-4941.
Understanding Property Owner Liability in Florida
A Florida property owner must keep his / her premises safe. They can do so by fixing property hazards and warnings guests of any dangers. A property owner is expected to offer a different level of care, depending on the guest.
Types of guests include the following:
Invitees: Ensuring Safety in Commercial Spaces
This includes any individual who enters onto a premise to purchase goods. An example of such a property would be a grocery store. Property owners who invite individuals onto their property are held to the highest level of care.
They must:
- Inspect their premises
- Remove hazards
- And provide warnings about potential issues
They can be held liable for dangers they "should have known about."
Licensees: Residential Visitor Protections
This includes:
- Any friends
- Family members
- Social guests
- Or anyone invited to enter a premise for non-commercial reasons
An example of such a property would be a residential dwelling. These property owners are also required to fix any hazards but are only liable for dangers they knew about.
Trespassers: Limited Duty of Care
This includes anyone not authorized to be on your property at a given time. You have the least responsibility to a trespasser. You are, however, not allowed to set up hazardous areas intentionally to guard against trespassers.
Free Consultation: Discuss Your Orlando Premises Liability Claim
Most premises liability cases involve proving that a property owner either created a dangerous condition, knew of that dangerous condition and failed to correct it, or that the condition existed long enough that the property owner should have discovered and fixed it.
For more information about Florida premises liability laws and to tell us about the details concerning your case, do not hesitate to contact us at (888) 979-4941 and request your free consultation today.
What Are the Most Common Premises Liability Cases?
Common examples of premises liability cases include:
- Slip and falls
- Swimming pool accidents
- Amusement park accidents
- And assault as a result of negligent security
Have Questions? GET ANSWERS
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What types of damages can I claim?
In all cases, there are two general categories of damages – economic damages and non-economic damages. You can be compensated for both past and future economic and non-economic damages.
Economic damages are things such as wage loss, mileage expense to go to doctor appointments, prescription costs, co-pays on insurance, over-the-counter medications, diminution in value to your car, etc. The other category is non-economic damages, which may include things such as pain and suffering, loss of enjoyment of life, emotional distress, etc.
The non-economic damages are often greater than the economic damages if the injuries are significant enough. Consult with an attorney for a full explanation of these types of damages.
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Are there deadlines for filing claims?
Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.
These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.
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How can I recover lost wages?
Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.
Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).
You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.
When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.
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How can I recover my out-of-pocket expenses?
Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.
If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.
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Will my insurance premiums increase if I report an accident to my insurance company?
Your insurance premiums should not go up if you are not at fault for the accident. It will be part of your insurance record, but if you are not at fault, your premiums should not increase.
In most situations, your own insurance company will go after the insurance company that insures the at-fault party to recover the costs it may have paid to you for things such as car repairs or additional medical expenses.
