If you were injured by the dangerous conditions of someone else’s property, you might be entitled to compensation. The Florida personal injury lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. have over 40 years of experience handling cases like this and could represent you in your insurance claim or lawsuit.
Premises liability is a category of accidents that occur on private, public, and governmental property. It involves various scenarios, from falling on a wet floor to sustaining injuries from a malfunctioning escalator. The property owner should perform routine maintenance and prompt repairs of damage. If they expose visitors to hazards, injuries and even death could result.
The property owner or another negligent party should be held liable for the harm they caused. They were responsible for maintaining a safe property for guests and failed in their duties to prevent an accident. You should receive the compensation necessary to cover your medical treatment and other expenses. If your actions didn’t contribute to your injury, you should not be forced to pay out of pocket for any of your bills.
At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., our Florida premises liability lawyers are ready to take on the negligent property owner and pursue the maximum compensation possible. We will fight by your side for the justice you deserve. Call us at 561.689.8180 now for a free consultation to learn more about your legal options.
Premises Liability Cases Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Handles
Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. takes various cases involving accidents on dangerous properties. It’s the owner’s duty to maintain every area and address problems immediately. If there are dangers they can’t fix right away, they should place warning signs near the hazard, so guests know the risks they take by visiting the property.
The most common types of premises liability accidents include:
- Water leaks and flooding
- Swimming pool accidents
- Slip/trip and falls
- Collapsed balconies
- Dog bites
- Construction site hazards
- Elevator and escalator accidents
- Defective staircases
- Poorly lit properties
- Negligent security
- Lack of warning signs
- Exposure to toxic chemicals
Our Florida premises liability lawyers take these cases seriously. We understand the long-term consequences you can face when you suffer injuries on another person’s property. You might require ongoing treatment to manage pain and mobility issues. If you become disabled, you may need assistance performing routine tasks.
It’s overwhelming and stressful to deal with the ramifications of someone’s negligent actions. Medical bills are expensive and can lead to debt if you can’t afford to pay. The various expenses you incur can create financial strain. It’s particularly challenging if you have to take time off from work. Even a minor injury causes significant problems you’re forced to deal with during recovery.
Common Injuries Caused by Premises Liability
Injuries can range widely in severity. Some cause minimal physical harm and only require a few doctor’s appointments to heal. Others are life-threatening and lead to complications. The most common injuries premises liability accidents cause include:
- Broken bones
- Sprained ankles or wrists
- Cuts and bruises
- Traumatic brain injury
- Spinal cord damage
- Internal injuries
- Torn ligaments or pulled muscles
- Electrical shock
- Nerve damage
- Dislocated joints
- Neck and back injuries
- Inhaling toxic fumes, smoke, or hazardous substances
If you suffered any type of injury on someone’s poorly maintained property, contact Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. immediately. We can review the circumstances of the accident to determine whether the property owner should accept liability for your injury and provide the compensation you need.
Compensation Available in an Insurance Claim
Businesses typically carry general liability insurance. This allows their insurance company to pay for the losses guests suffer in accidents the owner’s negligence caused. When you file a claim, you could seek compensation to cover your past and future losses, such as:
- Emotional distress
- Medical bills
- Lost wages
- Lost earning capacity
- Physical impairment or disfigurement
- Damaged personal property
- Pain and suffering
- Loss of enjoyment of life
Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can review the owner’s insurance policy to determine what coverage is available and whether it can compensate for your total losses. We understand the importance of receiving a full and fair settlement, so you’re not left with any expenses to pay for yourself. We will consider all contributing factors while calculating the value of your case. Some of these factors might include:
- Length of the recovery period
- Availability of evidence showing the owner was at fault for the accident
- Amount of insurance coverage
- Type and severity of the injury
- Total incurred costs
- The estimated value of necessary treatment in the future
- Impact of the accident on quality of life
- Permanent injury caused by the accident
- Emotional or psychological effects of the injury
Generally, an accident victim is entitled to higher compensation when there’s a severe injury involved. If you needed months or years of treatment, you could expect a significant insurance settlement. However, the insurance company won’t look out for your interests. Their goal is to save as much money as possible by avoiding a large payout. They might look for any reason to deny your claim or offer a low settlement.
It’s crucial to hire a Florida premises liability lawyer to protect your rights. We won’t allow the insurance company to take advantage of you during your claim. We are aggressive in our negotiations and will try to secure an adequate settlement to compensate you for the losses you suffered.
Handling a Lawsuit in Florida
Another option you have after a premises liability accident is to file a lawsuit against the property owner or another party responsible for your injury. There is a statute of limitations for initiating legal action against another party. Florida has a four-year statute of limitations. That means you have four years from the date of the accident to file your lawsuit if you want to hold them liable.
Three exceptions to this strict deadline exist that could pause the clock and toll the statute. They are:
- You were under 18 years old when the accident happened. The four-year statute of limitations would not start until you turn 18.
- You were incapacitated at the time of the injury. The clock will only begin to run again if you gain mental competency.
- The defendant left the state. Their absence would not count towards the four-year timeframe, and the clock would start once they return.
You can pursue compensation for your losses and also seek punitive damages. Instead of compensating you for your losses, this award punishes the defendant for their misconduct. A jury will only provide this monetary award if you can provide clear and convincing evidence of the at-fault party’s intentional misconduct or gross negligence.
Your actions could have partially contributed to the accident. For example, maybe you saw caution tape around a section of the property but chose to enter it anyway and got hurt. If that were the case, the jury could diminish your compensation under the pure comparative negligence statute. This law holds each individual responsible for their proportionate share of the accident.
To clarify, let’s say your losses totaled $100,000. If the jury determines you were 20 percent at fault for the accident, you could receive a maximum of $80,000 in compensation. If you were not at all responsible for the accident, you would be entitled to the full $100,000.
Why Choose Schuler, Weisser, Zoeller, Overbeck & Baxter P.A.?
The Florida premises liability lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. have a proven track record of success since opening our firm in 1978. We built and maintained a stellar reputation for our dedication to our clients and the results we achieved. Multiple legal organizations recognized us for our hard work, including Super Lawyers and The National Trial Lawyers. We also received an AV rating from Martindale-Hubbell, the highest honor given to the top lawyers in the country.
We know you might struggle with the cost of treating an injury after a premises liability accident and don’t want to add to your burden. That’s why we take cases on contingency. That means you’re not responsible for upfront fees or costs. You won’t have to pay us unless we recover compensation for you.
With our 24/7 Live Chat feature, you can reach us any time of the day. We believe in providing quality customer service, so someone will always be there for you when you need us the most. Our legal team will be with you every step of the way to provide the guidance and support you need to get through this devastating ordeal.
Speak to a Dedicated Florida Premises Liability Lawyer Today
We work tirelessly to secure a favorable insurance settlement or jury verdict in every case we take. When you hire us, we immediately start the process of gathering all available evidence in an effort to prove the property owner should be held liable. We’re not afraid to take on the most complex legal matters and fight to achieve your desired outcome.
We know that any amount of money will not reverse the pain you have endured and the struggles you have faced as a result. However, we hope that it can provide the economic relief necessary to pay for your expenses and help to alleviate the weight of every bill you receive. We will remain in your corner throughout your entire case and help you to get back up on your feet.
If you were injured on someone’s dangerous property, reach out to us immediately for a free consultation. Our Florida premises liability lawyers are ready to help you pursue the justice and compensation you deserve. Call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. today at 561.689.8180.
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