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Florida Personal Injury Accidents – Expert Advice

May 5, 2009

The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Slip/Fall Pregnant woman

Question: My pregnant wife (9 months; Full-term) slipped on wet floor at a local big box supermarket.  "THERE WAS NO SIGN OF WET FLOOR IN THE STORE". She fell hard and bruised her knee, severe lower back pain, pelvis-pain. She left her information with the store and they recorded the incident.  She is having her OBGYN look at her today. But what else should I be doing to cover all the loose ends.  What are my chance for a successful lawsuit/settlement with the store.

Answer: Whether your wife has a claim against the store depends on the law in your area.  Laws vary from state to state.  I am an attorney in Florida, so I can only advise you of what your rights would be regarding Florida personal injury accidents. Generally, a store owner owes two duties to its customers: to maintain the premises in a reasonably safe condition, and to warn customers of dangerous conditions that the customer might not be able to appreciate.  A wet floor can qualify as a dangerous condition, but whether you have a claim depends on where the water was located, how long it had been there, and whether the store knew about the water, or should have known about it, i.e. it was within a few feet of a store employee; it was dirty indicating it had been there for awhile, etc. Assuming the water was there for a long enough time for someone at the store to do something about it, your wife has a claim against the store.  Any claim she would make should include a claim for past and future medical bills, and for past and future pain and suffering.  At least in Florida personal injury accidents, you can also make a claim for lost wages, and loss of future earning capacity. Your wife’s case is unique as she is currently pregnant.  She will probably only be able to get limited medical care during her pregnancy, and you may not know the full extent of her injury until the baby is born.  Regardless, she should get into a doctor right away to get her back and knee checked out.  If the injuries don’t go away over time, at least she has documented how they occurred with a doctor.   You should speak with an attorney specializing in slip and fall cases in your area to get the claim going.  One of the first things you want to do is verify the type and amount of insurance coverage.  Many big box stores carry "medical payments" insurance coverage which will pay you money to cover your out of pocket medical expenses.  The attorney will also want to move quickly to preserve evidence, i.e. an in store camera video, and to speak to witnesses. Evidence gets destroyed over time and memories fade, so its best to investigate the claim right away.  Also, an experienced slip and fall lawyer is going to know the laws in your area and how best to proceed.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees.  If you are in the South Florida area, please give me a call.  I have been specializing in Florida personal injury accidents claims including slip and fall cases for 16 years.  If you’re in an area other than South Florida, I can probably still refer you to an experienced slip and fall attorney in your area.  Good Luck.  

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com or email him today.

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