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Common Causes of Slip-and-Fall or Trip-and-Fall Accidents
At Olowu Law, P.A., we are familiar with the many hazardous conditions that wait customers at their local retail stores, restaurants, businesses, etc., if you are ever the victim of such conditions, it is important to document (take picture/video/statement/report) the hazardous conditions on the floor and surrounding area after an accident. Here are some of the common hazardous conditions that causes slip and fall.
Liquid or food on the floor.
Improperly fastened carpeting.
Debris left on the walkway.
Porthole or defective sidewalk.
Poor lighting in a dark property.
Broken or poorly maintained staircases in the property.
Common Compensation You Can Seek after personal injury
At Olowu Law, P.A., it is our job to hold the right person/company accountable for your injury. We understand that many injuries have long term effect which can last a lifetime. Medical bills from these injuries should not be your burden. Remember- Don’t Go It Alone- lets us fight for you
Past and future medical expenses
Pain and suffering
Property damage
Permanent injury or disability
Lost wages and reduced earning capacity
Loss of enjoyment and quality of life
Loss of consortium (for your spouse if you are married).
Loss of future wages etc.
What You should Do After Slip-and-Fall or Trip-and-Fall Accidents
At Olowu Law, P.A., we are familiar with the many hazardous or dangerous condition that wait customers at their local retail stores, restaurants, place of work and leisure centers. We understand the types of injuries that can come from these incidents. We are familiar with the practices of retail business and how to prove negligence. If you have been injured in a grocery store, mall, restaurant, hotel, hardware, or other retail stores here are the steps you should take after an accident to protect yourself:
Report the incident/injury immediately to the store management and get a report.
Make note of witnesses or employees who are aware of the hazardous or dangerous condition before your accident.
Ask the store to save/preserve any video evidence from store surveillance.
Document(photo/video/statement/report) the hazardous or dangerous condition.
Seek immediate emergency medical assistance if necessary - document medical care
Finally, contact Olowu Law, P.A. to get you the compensation you deserve.
Common Causes of Car Accident in Florida
At Olowu Law, P.A., we handle all types of car accident, we know what to do to prove negligence and here are some common causes of car accident in Florida:
Distracted Drivers: distracted drivers are a common cause of car accident in Florida. Our phones and technologies have become a fundamental part of our everyday lives and with all these technologies comes distraction. The dangers of distracted drivers are heightened in a tourist destination like Florida.
Speeding: According to the National Highway Traffic Safety Administration NHTSA, in 2018 there were 9,378 fatalities in crashes where at least one driver was speeding, which is 26 percent of total traffic fatalities for the year. The purpose of speed limits in our roads is to improve safety by reducing the chance and severity of car accidents. When drivers disregard posted speed limits, it’s more difficult for them to react to unexpected situations in a timely manner.
Impaired Driving: accidents related to drunk driving continue to be a serious issue in Florida especially during spring break. When you drink, take cabs, use ridesharing options, or use a designated driver when appropriate and make the road safer. Drinking impairs your reaction time and spatial awareness. Driving under the influence of illegal drugs or prescription drugs is also a common cause of accidents in Florida.
Failure to Obey Traffic Signals and Rules: our traffic system is in place to convey the basic element of safe driving and it relies on everyone following the rules in order to aid safe travel. When drivers fail to follow these rules, either by mistake or intentionally, they are putting others at risk with their unanticipated behavior e.g., someone running a stop sign or red light could subject another driver to suddenly react resulting in accident and injuries and this is a common cause of accident in Florida.
Common Steps to Take After an Accident
Document everything at the scene: if possible, take pictures or video of damages to your car and all cars involved in the accident or any road marks, and anything else pertinent to the crash. If possible, take contact information of any available witnesses.
Stay on the scene if possible and call the police: when the police arrive request an accident report.
Exchange insurance information with any other drivers involved in the accident: common information you need from the other drivers includes: 1) Name, address, and phone number, 2) Driver’s license number and license plate number, 3) Insurance company and policy number, 4) Picture of insurance car and driver’s license.
Contact your insurance company: your car accident insurance policy requires you to report any crash in other to get the benefits under your personal injury protection (PIP), If you don’t report they won’t pay. Do not accept settlement before speaking to your attorney.
Go to the doctor for medical examination as soon as possible: Keep track of all your medical and bills and keep record of all your injuries.
Don’t say sorry: any apologies you make can be used against you. While you are trying to get the information of the other driver, DONT admit fault. You can ask if they are okay but don’t apologize because it can be used against you in the court of law.
Do You Have A Medical Malpractice Case?
How would you know if you have a medical malpractice case? it is important to understand that not all bad outcomes are malpractice and just because the outcome is not harmful does not mean the medical practitioner did not commit medical malpractice. Here are a few things to help determine whether you have a malpractice case:
What is medical malpractice
To be successful in a medical malpractice case you have to prove three elements:
Negligence- meaning the healthcare provider’s action fell below the standard of care set forth in Florida statutes 766.102.
Injury- meaning their negligence cause injury or death.
Damages- meaning the injury led to damages and this is not restricted to just economic damages.
Can I lose my right to pursue a lawsuit if I didn’t follow a doctor’s instructions?
Whether you followed a doctor’s instruction or failed to follow his instruction, its impact on your case will depends on the deviation from the doctor’s instruction and the severity of the doctor’s negligence. You may be found to be comparatively negligent. If this is the case, any damages you receive may be based on how much fault the jury attribute to you and the doctor.
Is a misdiagnosis considered medical malpractice?
Yes, claims related to failure to diagnose is a common form of medical malpractice. If your doctor incorrectly diagnoses you, and you suffer additional harm due to their misdiagnosis, you may be able to seek legal compensation through a medical malpractice case. An important factor is to ask whether another doctor would have been able to catch the problem and diagnose the problem earlier.
What to Do When You Suspect Medical Malpractice
Seek medical attention immediately, if you are still suffering additional injuries or symptoms that you suspect resulted from a medical error.
Document the suspected medical error, including detailed notes of your symptoms and injuries, the dates they occurred, the procedures or surgeries you’ve undergone, and their outcome.
Gather all your medical records.
Consult with another doctor in that same field as the doctor who was responsible for the malpractice.
Finally, consult Olowu Law, P.A., and we would handle the rest.
17 Common Legal Words You Should Know
CIVIL CASE: a civil case is a legal dispute between two or more parties. To begin a civil case one-party (Plaintiff) file a complaint (lawsuit) against another (Defendant). The complaint describes his grievance, damages or injuries and explains how the party being sued (Defendant) caused the harm, show the court has jurisdiction and ask the court for relief. A civil lawsuit can be brought over a contract dispute, defamation, eviction, injuries sustained in a car accident, or countless other harms or disputes.
CRIMINAL CASE: A criminal case is a lawsuit brought by the government/State against a person who has broken the law of the land. They are usually filed by the Prosecutor/District attorney, which represents the State or Federal government. Only the State/Government not another person or company can bring criminal charges against you. Example of criminal charge includes, possession of drugs, fraud, DUI etc. One way to know if your case is criminal is when the police is involved.
PROSECUTOR: A prosecutor is the government attorney who brings the charges in a criminal case. Prosecutors exist in the local, state or federal levels.
DEFENSE ATTORNEY: a defense attorney is an attorney representing a Defendant in a Civil lawsuit or Criminal case. An attorney representing a defendant in a civil case is a civil defense attorney while an attorney representing a defendant in a criminal case is a criminal defense attorney. The public defender is an example of a criminal defense attorney.
LAWYER/ATTORNEY: refers to someone who graduated from law school and is licensed to practice law in a specific jurisdiction. These individuals may have different specialty ranging from criminal, civil, family, health care or personal injury etc.
SENTENCE: refers to the punishment associated with conviction after a criminal trial or plea in a criminal case. There are different types of sentences e.g., incarceration, fine, probation, community service, drug treatment etc. The judge can sentence someone in any combination they deem appropriate depending on the case, prior criminal history and mitigating factors.
SETTLEMENT: a compensation package for the person (Plaintiff) who brought the civil lawsuit. Depending on the lawsuit, the settlement package may cover medical bills, repair cost, emotional damages or even punitive damages.
PLEA AGREEMENT: is an agreement in a criminal case in which the defendant agrees to enter a certain plea and forgo trial for which prosecutor agrees to provide a benefit, which may be a reduced charge or lesser penalty.
DEFENDANT/PLAINTIFF: a defendant is a party who is being sued in a civil case or charged with a crime in a criminal case. A plaintiff is a party who files the lawsuit in a civil case against the defendant.
NEGLIGENCE: negligence describes a situation in which a person acts in a careless manner, which results in someone else getting hurt or property being damaged. For example, a store employee sees water on the floor does not clean it up or leave a sign to warn customer of the water, that is negligence.
DAMAGES: this refers to the amount of money you will recover from your lawsuit in a civil case. There are two types of damages (compensatory and punitive). Compensatory damages are intended to compensate the injured party for their injuries or loss while punitive is awarded to punish wrongdoer.
TESTIFY: When someone gives a statement or answers questions under oath. Testimonies are usually required during trials or lawsuits and can be from anyone involved in the lawsuit, including witnesses and subject matter experts.
ACQUITTAL: Someone who’s found not guilty or exonerated of a crime after trial is considered to be “acquitted” of the charges. While an acquittal does imply that the individual is innocent of the crime, it could also mean that there was insufficient evidence to convict that person, so someone who did commit a crime can still be acquitted of all charges if the state cannot prove the crime against them beyond a reasonable doubt.
DEPOSITION: a deposition involves a living, breathing witness/party being asked questions about the case under oath. The deposition has two purposes: To find out what the witness/party knows and to preserve that witness/party’s testimony for trial if they should become unavailable during trial.
SUBPOENA: A subpoena is a request for the production of documents, or a request to appear in court or other legal proceeding. It is court-ordered command that essentially requires you to do something, such as testify or present information that may help support the facts that are at issue in a pending lawsuit. A person who receives a subpoena but does not comply with its terms may be subject to civil or criminal penalties, such as fines, jail time, or both.
LIABILITY STATUS OF LIMITATION: statute of limitations is like a clock on when you can legally file a lawsuit. The limit will vary depending on the type of lawsuit you are trying to file, and if you fail to file your lawsuit before the deadline, you’re ineligible to file a claim against the abuser in your situation. It is also applicable in criminal cases but only if the person who committed the crime remains in the jurisdiction and is not in hiding. In the criminal case if the party flees the State, the clock will pause and resume running when the party reenter the State.
OBJECTION OVERRULED AND OBJECTION SUSTAINED.
Objection Overruled: means the Judge disagrees with the attorney who is making the objection. The objection is invalid, and the witness must answer the question asked. Simple meaning- Overruled = Ongoing- the witness may continue to answer question asked as if there was no objection.
Objection Sustained: means the Judge agrees with the attorney who has objected. The objection is valid, and the witness may Not answer the question asked. Sustained = Stop, the witness must stop and not answer the question asked.
The 4 Phase/Stages of Personal Injury Case
Although every personal injury case is different, most personal injury case progress through the following phase/stages. It is important that you hire an attorney as soon as possible after you have been involved in an accident, so the attorney can begin to preserve evidence for your case.
Phase One: Filing The Lawsuit (Complaint)
A civil case officially begins with the filing of the complaint against the defendant. The complaint address what the issue is and what remedy is being sought by the plaintiff. Once served with the complaint, the defendant is required to file an answer. It is important to file the complaint as soon as possible because most civil cases have status of limitation within which to file the lawsuit or loss the opportunity to do so.
Phase Two: Discovery
After the complaint and answer has been filed. Both parties begin the discovery process which includes gathering of evidence to support their respective cases. The discovery process can take many forms such as request for admission, interrogatory request, request for production, deposition, or medical examination etc.
Phase Three - Settlement Negotiation/Mediation
At some point in almost every lawsuit, the parties will discuss settlement, either on their own or through an order from the judge. Negotiations can take weeks to several months and usually end when both parties reach a mutually agreeable amount. Generally, when a settlement agreement is reached, the responsible party pays an amount to compensate for the “damages their negligence caused the victim.
Phase Four: Trial
When a case is not resolved through negotiation, it goes to trial, where a judge or jury examines the evidence to decide whether the defendant should be held legally responsible for the damages alleged by the plaintiff. In a trial, the plaintiff has the burden to prove his or her claims against the defendant in the hopes of obtaining a judgment against the defendant. A civil trial consists of six main stages: 1) choosing a jury (Voir dire); 2) opening statements, 3) presenting evidence (witness testimony and cross-examination); 4) closing arguments; 5) jury instruction and 6) jury deliberation and verdict.
What You Should Know Before Your Free Civil Consultation
At Olowu Law, P.A., we offer a 100% FREE consultation on all civil matters. Before contacting us, go through this checklist to get ready for your free consultation with our team, it pays to be prepared and in other for us to properly help you here are some things you need before your consultation.
Free Civil Consultation -You Should Bring as Much Information as Possible to Your Consultation:
Picture and medical records about the incident (to show your injuries)
Any police report of your personal injury accident
The opposing party’s name and contact information
The opposing party’s insurance policy information
Names and contact information of any potential eyewitnesses.
What To Expect at Your 100% Free Consultation.
Take comfort in knowing that everything you tell us is confidential and we will honor your privacy.
We will discuss all the details of your personal injury accident case during our meeting.
You will have the opportunity to ask questions and get clarification on any issue you have in mind.
Things To Avoid Before Your 100% Free Consultation?
Before you meet with our team, DO NOT accept an offer from the opposing party or insurance companies.
If you accept any settlement now, you will be unable to pursue further legal action.