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A property owner or manager must safely maintain their premises because if a slip and fall accident occurs, they may prove liable if their negligence resulted in a hazardous condition. In addition, slip and fall cases can be complex. The accident victim must prove to the court that the defendant owed them a duty of care–the first element in any negligence case. They must also show that they experienced damages because of the accident, for which they may receive financial compensation.
If this has happened to you, you know that a slip and fall accident can affect your livelihood for weeks or months. In some cases, victims face permanent disability. Contact a Palm Bay slip and fall lawyer at Kogan & DiSalvo who can protect your rights while fighting for maximum compensation.
The state of Florida operates under a modified comparative negligence doctrine—meaning the plaintiff may still recover compensation if they were 50% or less at fault for their injuries. Therefore, any damages awarded to the plaintiff would be reduced by the proportion of fault assigned to them by the jury. For example, a plaintiff deemed 20 percent responsible for their injuries, who is awarded $10,000, will have that amount reduced to $8,000.
Plaintiffs who are 51 percent or more liable for their accident cannot receive damages. In this example, a plaintiff who is found 60% responsible for their injuries would be prohibited from recovering compensation at all.
Slips and falls can happen anywhere. In northern states, ice and snow often contribute to these accidents, but that is not the case in Brevard County. The most common locations include:
Property owners often know about a potential hazard but fail to remedy it or warn visitors—which constitutes negligence. However, owners are not liable for all slips and falls on their property. They are only responsible for the hazards they should have reasonably known about and had time to fix.
Common causes of slip and fall injuries include:
When these conditions exist, your attorney will establish that the property owner or manager was liable because they failed to keep their premises safe. For example, a supermarket manager did not place a “Wet Floor” sign or cordon off an area where a spill occurred.
There are exceptions to owner liability even if negligence was involved. If a person was trespassing and injured themselves in a slip and fall, the owner is generally not liable. Someone intent on burglarizing a home or business cannot hold the property owner responsible, nor can an individual who attends a social gathering uninvited. For liability purposes, the injured party must have had a legal right to be on the premises.
Slip and fall injuries range from those causing short-term impairment to those resulting in chronic or life-altering conditions; they include:
While immediate documentation can be necessary for any personal injury claim, that is especially true regarding slip and fall injuries. Without photographic evidence, it is often relatively easy for property owners to fix the hazard. For example, if someone trips over debris in a walkway, simply moving the items conceals the condition causing the fall. That is why taking photos or videos, if physically possible, is critical.
Report the slip and fall to the property owner or manager. For example, if the incident occurred in a grocery store, restaurant, entertainment venue, or another place of business, have the manager fill out an accident report. In addition, obtain the names, addresses, and contact information of any witnesses.
Always seek medical attention, even if you feel fine. Some injuries, especially those involving soft tissue, do not appear for a few days. If you don’t see a doctor, the defendant’s insurance company can argue that your injuries were not serious or did not happen on their client’s premises.
In most instances, the statute of limitations for filing a personal injury lawsuit in a Florida slip and fall case is two years from the date of the incident. Miss that deadline and the court will not hear the case. While that is one of the longest statutes of limitations in the country, it is critical to remember that time is of the essence when collecting evidence.
A Brevard County slip and fall lawyer at Kogan & DiSalvo could investigate your case and work to obtain time-sensitive materials such as store or neighborhood surveillance video. This type of evidence can make a difference in proving your claim.
Potential compensation, or damages, in a premises liability slip and fall case may include:
The defendant’s insurance company will offer a lowball figure to settle the claim quickly. However, your lawyer will know what comprises a reasonable and fair amount based on your injuries and how they will affect your life now and in the future. Finally, unlike other states, Florida does not impose a limit on the amount of compensatory damages.
If you or someone you know was seriously injured in a slip and fall injury resulting from property owner negligence, contact an experienced Palm Bay personal injury attorney at Kogan & DiSalvo today. Schedule a free, no-obligation consultation. After evaluating your claim, we will let you know if you have a claim. Because we work on a contingency basis, you pay no fee unless you receive compensation.
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From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.
Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!
Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.
I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏
Really nice and friendly people to work with
Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.
I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!
Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.
Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.
I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
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