One of the most common questions that premises liability attorneys in Miami hear is when should a premises liability lawsuit be filed. Premises liability cases are complex in that the plaintiff is required to prove notice of the condition that caused their accident before they are awarded damages.
The law recognizes three different types of ntoice that a plaintiff must prove in a premises liabiliy case: actual, constructive and inquiry.
- Actual notice is where the landowner created the condition that caused the plaintiff to slip and fall.
- Constructive notice is where the landowner knew or should have known of the condition and failed to address it.
- Inquiry notice is where the landowner should have inquired about the condition but failed to do so, resulting in the happening of the accident.
Furthermore, the status of the plaintiff on the property the time of the accident is relevant. If the plaintiff is an “invitee” of the landowner, they are owed a duty of care from the landowner. This status often arises where the plaintiff is parking in a parking lot and slips and falls on their way into the landowner’s establishment such as in shopping malls, restaurants and places where people park their car and walk through the parking lot into the establishment.
A personal injury case sounding in premises liability should be filed if the plaintiff was caused to slip and fall on a condition that the landowner either created, should have known existed based upon the circumstances or had a duty to inquire about prior to the happening of the accident. If the plaintiff has witnesses and has sustained injuries that are closely connected to the happening of the accident, a personal injury lawsuit should be filed.
The attorneys at Buchalter Hoffman & Dorchak are the premises liability attorneys in Miami of choice for plaintiffs who have been in a slip and fall accident. If you have sustained an injury as a result of a slip and fall or trip and fall accident, you may have a valid premises liability case.
Contact the attorneys at Buchalter Hoffman & Dorchak today to schedule your initial consultation so that you may begin on the road to recovery for the personal injuries you sustained as a result of your slip and fall accident today.
While Florida is known for beautiful weather and plenty of fun activities, the Sunshine State is not immune from its residents and visitors having slip and fall accidents. When these accidents take place, the results can be serious injuries such as broken bones, back injuries, and even brain injuries. Since these accidents can lead to large medical expenses, lost wages from being unable to work, and long-term pain and suffering, it is best to be as careful as possible. If you’re wondering about the most common causes of slip and fall accidents, here are some to keep in mind.
Slippery Store Aisles
In many cases, victims of slip and fall accidents sustain injuries due to slippery aisles in stores or other businesses. Whether it is from an item that has been spilled in the aisle or other situation, stores have a responsibility to not only clean these spills up as fast as possible, but to also mark off the area to let customers know of possible danger. If you sustained injuries from a slip and fall accident under these conditions, consult with Miami FL slip and fall accident lawyers at Buchalter Hoffman & Dorchak.
In other situations where slip and fall accidents take place, it is due to a business having poor maintenance practices. For example, if the building’s roof leaks and is not fixed in a prompt manner, water may be allowed to fall into an aisle and accumulate. Since the business is aware of this yet fails to address the situation, it can be found guilty of negligence. Therefore, if you slip and fall due to the business owner’s negligence, always speak with Miami FL slip and fall accident lawyers about your case.
To make sure you receive expert legal representation and gain compensation for your injuries, consult today with attorneys at Buchalter Hoffman & Dorchak.
If you have had a loved one die due to the negligence of others, you may be able to file a wrongful death claim. However, these claims are often filled with many complexities that will be impossible to decipher without the advice of experienced Miami wrongful death attorneys. If you are dealing with the death of a loved one and are considering filing a wrongful death claim, here is what you need to know to make the process easier.
Who Can File the Claim?
When the decision is made to file a wrongful death claim in Florida, the claim itself can be made by the personal representative of the deceased person’s estate. In most cases, this person will be named in a will or other type of estate plan. If this is not the case, the court can appoint a person who can then file the claim. Due to the possible complications that can result in these situations, turn to the law firm of Buchalter Hoffman & Dorchak for assistance.
Statute of Limitations
As with most legal matters, a statute of limitations does exist for filing a Florida wrongful death claim. In these matters, the wrongful death claim must be filed no later than two years from the date of the person’s death. However, if there are extenuating circumstances, this deadline may be extended by a court. Should you have questions regarding the statute of limitations, do not hesitate to contact Miami wrongful death attorneys for assistance.
Who Can Recover Damages?
Once a wrongful death claim is filed, those who can recover damages include the spouse, children, and parents of the deceased individual. Also, blood relatives or adopted siblings who relied on the deceased for support may also recover damages.
To make sure your wrongful death claim is handled correctly, consult with the law firm of Buchalter Hoffman & Dorchak.
Miami FL personal injury lawyers are often asked to provide a timeline for a typical personal injury case. The answer is that most personal injury cases take a minimum of six months and can last upwards of a number of years depending upon the complexity of the issues contained therein.
Because such cases carry with them such uncertainties and complexities, the firm Buchalter Hoffman & Dorchak are the Miami FL personal injury lawyers of choice.
Every personal injury case begins with an accident – either a motor vehicle accident, slip and fall accident, a dog bite or a workplace accident. From that point forward, the typical personal injury case will proceed upon the timeline set forth below.
The attorney will notify the responsible party of their representation of the injured plaintiff. That will be accomplished by way of written notice on the attorney’s letterhead. The offending party will then submit that notice to their insurance carrier for handling. A claim number will be at assigned and a claims adjuster will contact the attorney to confirm their representation.
This will take a few weeks at the outset of the case, during which time the plaintiff likely will remain in treatment for their injuries.
A case cannot be negotiated for settlement unless or until the plaintiff has concluded their treatment. Toward that end, most attorneys will not even consider ordering medical records for at least 90 days, if not longer. As such, most personal injury cases will have a “shelflife“ of at least three months.
At that point in time, the attorney will evaluate the case to ascertain where the client stands in terms of treatment. At the same time, the attorney will be evaluating liability to determine how to best position his client’s argument so that the insurance carrier and attorneys for the defendant understand that liability should be resolved in favor of the plaintiff.
At the end of the 90 day timeframe, the attorney will order medical records and attempt to settle the case. If the client is still in treatment, the attorney will push this deadline out a few months to allow the plaintiff to reach maximum medical improvement.
However, once the plaintiff has either reached or approached maximum medical improvement, the attorney will make an effort to settle the case with the insurance carrier for the defendant.
If a reasonable settlement cannot be reached at that time, the attorney will file a lawsuit. This is a completely separate aspect of the case which will certainly lengthen the timeline.
Once suit is filed, a docket number is assigned to the case as is hey presiding judge. Attorneys are retained by the defendant and the attorneys will then engage in what is known as “discovery“.
Discovery is the exchange of information between the parties such as photographs of the accident, copies of the police report, statements made by witnesses and testimony of the parties. Discovery normally lasts at least 3 to 6 months (if not longer) depending upon the complexity of the discovery to be exchanged.
Therefore, the short answer is that a personal injury case will take a minimum of 90 days to be evaluated by the attorney before settlement will be contemplated. From there, the case may take an additional six months if treatment is not completed and may take another few years if suit has to be filed.
Because of the nature and complexity of personal injury cases, it is a wise decision to consult with the firm of Buchalter Hoffman & Dorchak today since they are the finest Miami FL personal injury lawyers in practice.
Schedule your consultation with Buchalter Hoffman & Dorchak today and begin on the road to recovery from your injuries so that you may receive maximum compensation to which you are entitled.