Slinkman, Slinkman & Wynne explains: the important concept of “Comparative Fault” in Slip & Fall cases in Florida

Comparative Fault in Florida

Slip & Fall accidents are a commonplace occurrence here in Florida. At Slinkman, Slinkman & Wynne, P.A. when we first sit down with you, our perspective client, during our free consultation we try to get as clear a picture as to what happened during your Slip and Fall incident as possible. One of the most important reasons is that we start to look at the “comparative fault” involved in your incident.

 

In Florida law the statutes that pertain to Slip and Fall accidents in which an injury has occurred state clearly that more than one person or entity can be held at fault, if applicable. This is referred to as “Comparative fault”. Florida operates under what is known as a pure comparative negligence standard. This standard leads the court to assign a percentage of fault to both the defendant and the plaintiff in civil cases here in Florida. Here is how it works:

 

For example: if you are involved in a Slip and Fall accident here in Florida, and the person or entity you are trying to hold liable for the incident can prove that you are either partly to blame for the accident OR making your injuries worse, the courts here are obligated to follow this comparative fault rule. Therefore, if your damages add up to $50,000 but you are found to be 20% at fault, your compensation will be reduced by $10,000 to only $40,000 (reduction of 20% of $50,000). Be prepared for the defendant’s lawyers to raise this “Comparative fault” rule during any settlement talks.

 

If you or someone you care about gets injured in a Slip and fall accident or you simply have a question about a personal injury incident, please call us at Slinkman, Slinkman & Wynne, P.A. As mentioned earlier we offer a free initial consultation, and our phone number is (561) 686-3400, or you can fill out our easy to access and use Case Review Form at http://www.sswlawfl.com/.

 

At Slinkman, Slinkman, & Wynne, we understand that Slip and fall accidents happen all the time. If you fall because of the negligence of the property’s owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Automobile Accidents, Motorcycle Accidents, Boating Accidents, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. At Slinkman, Slinkman, & Wynne we have been devoted to protecting south Florida families for over 40 years.

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Use these tips shared by Slinkman, Slinkman & Wynne, P.A. to minimize your risks while driving

Distracted Driving graphic - April 2017

Through our blog here at Slinkman, Slinkman & Wynne, P.A. we often talk about the needless tragedies caused by people who are texting or otherwise distracted while driving their vehicles. Distracted driving is leading directly to serious injuries and death on our roadways here in Jupiter, throughout Florida and the entire United States. April is Distracted Driver Awareness Month (National Safety Council). This is the perfect time to share some valuable tips on how you can minimize the risks of driving, and keeping your attention on your vehicle and what is going on around you on the roadway.

Here are the following steps you should be taking to avoid the dangers of driving:

  • Wear your seat belt.
  • Whenever you are going to drive, try to plan ahead and leave early if possible, giving yourself extra time to get to your destination.
    • Giving yourself extra time makes you less stressed – and also one less excuse for picking up the phone and texting or calling ahead to tell someone that you are running late.
  • Be careful and extra aware in work/construction zones.
    • Here in Florida, there are currently multiple construction zones at night along most of our major highways (particularly I-95). There is big risk involved for the workers who are often close to the moving vehicles. Be extra aware and cautious when you see workers and active construction going on.
  • Do not let yourself be distracted.
    • Do not text. Do not let passengers (especially children) distract your attention. Do not let animals distract you either. Any distraction can significantly delay your response time, which can be the difference between avoiding an accident and being involved in one. Your vehicle can turn into a dangerous projectile in less than a second.
  • Have a plan for any troubles that can happen during your trip.
    • If you are not prepared for your vehicle breaking down or having a flat tire, you will be at the mercy of local towing companies and random service companies that could take advantage of you and your situation.
  • Make sure your proof of insurance is up to date and easily accessible.
  • Create for yourself safe phone useage rules while driving. And do everything you can to stick to them.
    • This might sound a bit corny – but the truth is that we have become so used to driving in our society that most of us take the very real risk of driving each time we get behind the wheel for granted. As mentioned earlier, any vehicle can turn into a dangerous, high speed projectile instantaneously. We should always be mindful of that fact.

 

This list of tips comes directly from an article recently published on the insurance industry online magazine website PropertyCasualty360.com, written by Rosalie L. Donlon.  To read this entire article go to: http://www.propertycasualty360.com/2017/04/11/minimize-your-risk-of-distracted-driving-with-thes?ref=most-popular&slreturn=1492549095

 

If you are injured in an auto accident because the other driver or you were texting or otherwise distracted, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving cell phone usage or other momentary distractions happen all the time. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Our main office is conveniently located in Jupiter, Florida. We have proudly served south Florida including Palm Beach Gardens, West Palm Beach, Palm Beach, Tequesta and the Treasure Coast as well as anyone in the state of Florida who needs a law firm who knows how to protect your rights, for over 40 years.