Posts Tagged ‘florida personal injury law’

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Post Office Parking Lot Slip And Fall Injury – Florida Expert Advice

February 12, 2010

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

Question:

I recently fell in the parking lot of a post office by stepping on a cracked area in the pavement. I fell face forward. I did not hit my head. Both of my hands (my left hand more so) were hurting and both my knees. My pinky finger on my left hand was torn and bleeding. A witness to the accident notified the manager of the post office who took down my info and the witness info. I went to the emergency room and was told to follow up with my PCP . I called my PCP for a follow up visit the next day because now I am also experiencing neck and back pain along with a burning sensation in my lower back. My PCP refused treatment stating she does not do personal injuries. I called a Medical Facility and was basically told the same thing with an exception that if I was not going to file a claim then they would see me. In the mean time, I was mailed a claims form from the post office. My questions are: (1) Why am I refused medical treatment because I fell?  (2) Should I involve an attorney? (3) What are my chances the post office would at least pay part of my medical bills?

Any information would be greatly appreciated. My main concern is getting further treatment for my injury. What do I need to do in order to get further treatment? I am being treated as an out cast.
I am in pain and no one wants to see me. I’m not sure if I asked all the questions I need to. Please give me all the information you can. I have never been in a predicament such as this. I sincerely thank you in advance for your help!!!

Answer:
I can try to provide you with some helpful information about your fall, but please consult with an attorney in your area to determine whether you have a valid claim.  Your email does not indicate where you live.  I am a Florida slip and fall injury attorney specializing in serious accidents such as car accident, trip and falls, and work accidents.  Laws vary from state to state so the law in your area may be different that in Florida.

What happened to you is a fairly common occurrence – tripping over uneven pavement.  I currently represent several people that have similar claims, either in a parking lot or on a sidewalk.  There are several laws that may apply to your claim.  Because you fell in the post office parking lot, your claim may be affected by federal claims laws, county and city municipal codes, and existing state laws on trip and fall accidents.

Keep in mind that in Florida, a person or company is not automatically responsible for your injuries and medical bills just because you tripped and fell on on their property.  A property owner in Florida owes two duties to persons legally on the property – 1. to maintain the property in a reasonably safe condition, and 2. to warn people of dangerous conditions that are not obvious or apparent.  The Post Office, or the person or entity that owns the property may be responsible to you for your injuries and medical bills if the condition that caused you to fall was one that they knew about, or existed for a long enough period of time that they should have known about it.  Uneven pavement is a condition that usually occurs over time, either due to erosion or tree roots growing nearby, so it is most likely that the Post Office knew about this dangerous condition.

One possible reason you were told by your PCP that he does not treat "personal injuries" is that he does not want to get involved in your claim. The good news is that he is a minority, and there are always plenty of quality doctors that will get involved and provide you treatment.

The best advice I can give you is to speak with an attorney specializing in trip and fall injury accidents in your area to see whether you should pursue a claim.  An experienced trip 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.  Most Florida slip and fall injury lawyers will also offer a free, no-obligation consultation, so you have nothing to lose by meeting to discuss your claim.

An experienced accident injury lawyer will also know how to assist you in getting, and paying for, medical care.  You can use your health insurance if you have it, the insurance company for the property owner may have medicalpayments coverage which would pay for some of your bills, or the lawyer may be able to arrange for your medical care to be reimbursed out of the proceeds of any settlement you receive.

It is best to explore making a claim soon after the accident occurred.  In Florida, you have four years from the date of the accident to bring a claim.However, you don’t want to wait that long as witnesses disappear and their memories fade, employee witnesses move on to different jobs, and evidence can be lost.  Your attorney will also want to get pictures of the area where you fell before any repairs are made to it.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at http://www.jmmlaywers.com, or email him today.

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Florida Restaurant Slip and Fall Injury – Expert Advice

January 16, 2010

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

Subject: Slip & Fall Injury

Question:
While leaving a fast food restuarant in Florida, I tripped on some uneven pavement in the parking lot and fell down.  The manager came out about three minutes later with some ice for my injuries, inquiring about an ambulance.  We declined and my husband drove me to a local ER.  Nothing was broken, however, I have a badly sprained ankle and contusions on my knee (used to break my fall). I was discharged with crutches and pain meds (and was also given a tetanus shot). The restaurant insurance company phoned me the next day but I did not answer.  The ER Doc thought I might be out of work for two weeks if there were no additional problems, however I am experiencing additional problems – foot spasms and a stiff and sore knee.  I am a waitress and am always on my feet.  I cannot afford to be out of work uncompensated.  Please tell me my options.  Thank you.

Answer:
Your option is to pursue the company responsible for maintaining the parking lot, through its insurance company, for whatever damages you may have.  This would include a claim for your lost wages, whatever injuries you suffered, medical bills, and any other out of pocket expenses you incur as a result of the fall.  Your problem in pursuing your claim is that the insurance for the property will not have any type coverage that will reimburse you on a weekly basis for your lost wages.  To recover your damages, you will want to negotiate a settlement with the insurance company once you have a better idea of what injuries you have, and you have received sufficient medical care to allow you to return to work full time.

Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  Uneven pavement in a parking lot is a pretty common sign that a property owner failed to maintain the property in a reasonably safe condition. Uneven pavement is not a condition that occurs overnight. It usually occurs after months, if not years, of wear and tear or due to a condition nearby such as a tree root pushing the pavement up.

Many people will wait to see if the injury disappears over time, but often times it does not.  Your case is a perfect example.  You’re now two weeks after the fall, and not only does your foot still hurt, but now your knee hurts too.

You should contact a Florida slip and fall injury attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the restaurant/parking lot, find out what types of coverage are available, obtain photographs, help coordinate medical care, identify witnesses, etc, that should all be done now.  It is very possible that other people have fallen in the same area. Your Florida accident lawyer should investigate whether similar accidents have occurred on the property.  People’s memories fade over time, conditions in the parking lot get fixed, and evidence of your claim can disappear.  You will have a better chance of making a full recovery for all your damages if the claim is investigated properly now, rather than later.

Most accident attorneys specializing in premises liability (trip and fall) claims handle the claims on a contingent basis, i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  So, you have nothing to lose by meeting with an accident lawyer to discuss the claim.

You have a difficult situation that you are going to have to make the best of.  That is, you can’t afford to miss work, but you have an injury that could affect your ability to work for a fairly significant period of time. Don’t try to get a small settlement now to cover your lost wages over the last two weeks, when your injuries could affect your income for the next few months, or longer.

There are a few steps I would recommend you take immediately:

1.  Speak to an experienced Florida slip and fall injury lawyer – have a detailed discussion about how and where your accident occurred, and what is the best way to pursue a claim.  I offer a free, no obligation consultation to discuss your claim, and evaluate what your options are.

2.  DO NOT SPEAK TO THE INSURANCE COMPANY FOR THE RESTAURANT ANY FURTHER UNTIL YOU HAVE SPOKEN TO A LAWYER;

3.  Get pictures of the area where you fell;

4.  Get back into the doctor and get an updated diagnosis for your foot, and to report the soreness in your knee – it could be from overcompensating for your foot, or could have occurred in the fall.  Either way, you should probably be getting treatment such as physical therapy, or x-rays or MRI’s to find out what is causing the spasm and soreness.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at http://www.mauslawfirm.com, or email him today.

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Watch Out For The Ice! Expert Advice From A Florida Slip And Fall Attorney

January 10, 2010

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

Question:

I fell on ice in my condo parking lot a few weeks ago. The condo association cleared the parking lot of snow and shoveled most sidewalks but they did not shovel the sidewalk in front of our cars, so my only access to my car was on the blacktop.  I slipped on black ice and fractured my arm and am currently in a sling for four weeks. I can not drive to work. I have had to pay for transportation. I am also the caregiver for my son’s two children every other weekend and can not lift my grandson.  I was told that if it heals properly within four weeks I will then go to physical therapy.  I called the maintenance association and told them to please come back out and shovel the sidewalk so we could access cars and they never did.  Do I have a legal right to sue them for negligence, physical harm, pain and suffering etc?

Answer:
The answer to your questions depends on the law in your state for slip and fall accidents, and particularly how your state courts treat slip and falls on ice.  I am a Florida attorney specializing in car accidents claims, slip and falls claims, and workers compensation accidents.  Laws vary from state to state so what happens in a Florida slip and fall case may not be the case in your state.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you what the law is in your state for slip and fall accidents which occur on ice.

Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  Based upon your email, the maintenance association knew about this dangerous situation because you called them and advised them of it.  It has probably happened repeatedly in this parking lot.  However, they failed to correct the danger, or provide some other safe route to your car, which should allow you to pursue a claim against them.

You should contact an attorney in your area soon that specializes in premises liability claims.  Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe your maintenance association called another company to come clear the sidewalk, and the other company never responded.  Your attorney should also obtain photographs of the area where the accident occurred, particularly if you can get photos of the area with the black ice on it as it was on the day of your accident.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience in Florida slip and fall claims, if I don’t think a person has a viable case, I will tell them right up front.  There is no point in creating false expectations and wasting your time and the attorney’s time.

For more information about a Florida slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at http://www.jmmlaywers.com, or email him today.

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Slip And Fall Injury on Ice – Florida Expert Advice

November 20, 2009

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

Question:
I slipped and fell in Greese, NY in 2004. I got out of the van in the street and slipped on a large ice bump from a snow plow. I couldn’t walk for 4 months and was in very bad pain. I went to a dr and he sent me for an mri. I had 2 bulging disks and a chunk out of the 3rd. I was also sent to a nerve dr here in Florida and he said I had bad sciatic nerve damage. I then went to Rochester, NY and the dr there said I WOULD BE able to walk again, but it would never be the same. I would always have to keep it from getting inflamed. It took 3 yrs to walk again with a limp. Now I can walk a little better, but I still have pain and will for the rest of my life. I can only work the most 2 hours without pain. When this happened, I notified Greese and they said I only had 3 weeks to notify them …I live in fl…can I still sue ???

Answer:
The answer to your questions depends on the statute of limitations (SOL) in New York for slip and fall claims, and how New York Courts treat slips and falls on ice.  I specialize in slip and fall cases but I am in Florida. Laws vary from state to state so what happens in a Florida slip and fall injury may not be the case in New York.

The best advice I would give you is do speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you what the law is in New York for slip and fall accidents which occur on ice.  In a Florida slip and fall injury, you have four years to bring a claim such as the one you have described.  An experienced accident lawyer in your area could easily tell you what the SOL is, and whether you can still make a claim.

Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  I don’t know enough about icy conditions, and problems created by the use of a snow plow, to tell you whether the entity that was using the snow plow should have done something differently that would have eliminated the bump.  But, that would be the issue in making a claim against the City of Greese, or any private company that may handle the snow plows for the City.

In the case of a Florida slip and fall injury, there are also strict requirements for reporting a claim to a governmental agency.  You have more than 3 weeks, but these requirements only apply to property owned by the State, County and Municipal governments. The law in Florida limits the time period you have to notify the governmental agency, and also limits the amount of money you can recover. You should speak to an experienced accident attorney to see what limitations, if any, apply to your claim.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at http://www.mauslawfirm.com, or email him today.

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Answers to Common Questions About Filing a Florida Accident Claim

November 11, 2009

When you’ve been involved in a car accident, many questions come up for consideration. Should you file a claim? What if you can’t afford a lawyer? Having an accident can be traumatic enough without having to search for answers about the legal issues involved. The following list of questions and answers can help you decide on the next step.

  1. I can file a claim without a lawyer, right? Technically, yes, you can file a Florida accident claim without going to a lawyer, but talking to an attorney first is usually the best thing to do. Experienced lawyers can help you navigate through the often-complicated laws involving auto accidents and injuries. Attorneys can also help your case by consulting with expert witnesses and researching other important information about your case. Remember that you will be negotiating your claim with an insurance company that employs thousands of attorneys to defend  it against claims like yours, and will spend thousands of dollars investigating your claim.  Insurance companies can access public records to learn information about any accident you have ever been involved in, or when you have sought medical treatment from an accident.  You should speak to a Florida accident lawyer that will fight to maximize your recovery
  2. But, I can’t afford to hire a lawyer! Generally, most lawyers will offer your initial consultation free of charge to you. This consultation helps you and your lawyer discuss your accident claim and whether or not you may even have a case. If you do have a case, you stand to get more compensation if you are represented by an attorney. If you hire an attorney who only charges if they win your case, you haven’t lost anything by pursuing it through legal counsel.
  3. I need money now, what if I don’t have time to wait for a case to be settled? If you have bills to pay and you are out of work due to the accident or if you have medical bills due to your injuries, it can be tempting to take a settlement offer and move on with your life. But, working with your attorney to get the best possible compensation is worth the wait. Depending on the circumstances involved with the Florida accident claim, some cases can be settled in a few weeks, while some cases need to go to court. Your attorney can help you choose the best option so you can get the most compensation.
  4. What if I just talk to the other party and settle out of court? Don’t try it on your own! Insurance companies have become very sophisticated businesses that work to minimize your claim by any means possible.  This includes investigating any prior claims you have made, and evaluating your prior medical records and diagnostic scans such as MRI’s.  It could also include having private investigators take witness statements, and possibly even conducting surveillance video on you.  An experienced Florida accident attorney can also obtain witness statements, take photographs of the property damage and accident scene, and prepare your claim so you can maximize your recovery for new injuries, and even aggravations of pre-existing injuries. Experienced accident attorneys can also find out how other similar claims were resolved in the past. They are skilled in the art of negotiation. They are your best option for getting the amount of compensation you deserve.
  5. I think I may have been at fault, what do I do? These days, auto accidents are complicated by many different factors. You might think you were at fault, but maybe the other driver was on their cell phone or texting while driving. Maybe they were driving while impaired by drugs or alcohol. You don’t really know that it was your fault and a good Florida accident claim attorney can help you sort things out so you aren’t left vulnerable if the case goes to court and to a jury.

In the event you are involved in a car accident, take advantage of the free initial consultations that many Florida accident claim lawyers offer. Ask the attorney questions to see how many cases like yours they have handled which will give you a good idea of their exerience. Ask about the results of their cases to see if they have been handled successfully. Ask about the attorney’s payment structure so you know what pursuing the case will cost you. Ask if the lawyer has a Martin-Hubble "AV" rating which rates the attorney’s level of professional excellence. And, keep in mind, you should never feel pressured to hire the attorney during the initial interview.

For more information about filing a Florida accident claim, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529, visit them online at http://www.mauslawfirm.com, or email them today.

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Florida Personal Injury Cases – Expert Advice – Finger Injury

October 17, 2009

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

Subject: My son was injured at school

Question: My son was in school when his finger got slammed in the door, which led him to having his finger partially amputated. From my understanding, there were no security guards around or teachers around when this happened. Someone gave me the advice to sue the school…Is this possible?

Answer: Your email does not indicate what state you live in.  I am a Florida personal injury attorney specializing in Florida personal injury cases, auto accident injuries, and Florida workers compensation claims.  I can only advise you on what the law is in Florida, so it is best that you speak to an accident attorney in your area to find out what rights you may have.

Your son may have a claim against the school, but his claim would need to be investigated more fully.  Your email does not indicate how old your son is, or how the incident occurred.  I would be interested in speaking with you further if you’re located in Florida.

A school is held responsible for dangerous conditions which they know about, or should know about, and their failure to protect the children at the school from the dangers.  A door that swings shut too rapidly, or too harshly, putting the kids at risk, would be the type of dangerous condition the school should know about, and should repair so the kids do not get hurt. I have handled cases before very similar to this where many people that had observed the door shut too quickly before the accident, so as to put people at risk when it slams, yet the school did not fix the door.

Most school have insurance for the type of incident you have described. Their insurance usually includes "medical payments coverage", or Medpay. Medpay is a type of insurance coverage that pays for medical bills which arise out of an injury that occurs at the school.  If you have incurred out of pocket medical bills, you should speak to the school to find out whether they have medpay coverage.  If so, you need to submit the bills to the school’s insurance company and you will be reimbursed.  The school should also have liability insurance coverage which would cover your son for his injury and pain and suffering.  He obviously has a very serious injury.

If your son does have a claim, you would not sue right away.   Most claims get resolved without having to file a lawsuit.  Once your son finishes his medical treatment, your accident lawyer would get the medical records together, photos of the injury, and copies of his medical bills, then submit them to the school, or its insurance company in an effort to settle the claim.  If the school doesn’t settle the claim, then you would file a lawsuit.

You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the school, and find out what types of coverage are available.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.  In Florida personal injury cases, an accident or injury lawyer would verify the statute of limitations for a negligence claim is four years, unless it is a public school.  There are special rules for Florida personal injury cases which apply to governmental entities such as public schools, including when you have to notify them.  If it is a public school in Florida, there are also other entities that you have to put on notice of your claim, so it is best to speak with a accident injury lawyer as soon as possible.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

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

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Rain Storm Slip And Fall Injury – Florida Expert Advice

August 24, 2009

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

Question: I am a 25 year old female who lives in Michigan. About a week ago it was raining really hard and I went to the gas station across the street for a cup of coffee, which is normal for me. I opened the door, walked in and immediately violently slipped and caught myself before I hit the ground. There was no rug at the door like there normally is. The attendant looked at me and said "I can’t do anything for you, there is a wet floor sign." He pointed to the sign which was very small and below knee level. My knee and ankle immediately started throbbing so I drove myself to the hospital and they gave me xrays. Nothing was broken, but they told me I had a knee strain and gave me crutches, wrapped my ankle in an ace bandage, and put my left leg in a immobilizer from my thigh to almost my ankle. I contacted a lawyer who took my case, but I was just wondering how hard it would be to win my case. There is a surveillance video, and also I sent a friend to take pictures the same day. You can not see the sign from the outside, and the attendant had moved the rug and the sign to where it was supposed to be. The lawyer sent me to a doctor, who informed me I had messsed up my knee pretty badly (MCL?) and the ligaments in my ankle were messed up. I have multiple contusions in my back and my legs and am in constant pain and not comfortable. I can’t do anything including work for at least a  month and I just started a new job. Another thing is, I am a model, and do quite a bit of runway shows and photoshoots. I live on the third floor of an apartment building and have to have constant help with the stairs, cooking and cleaning etc. I go to this gas station almost everyday, and have never slipped or anything. I had on flip flops, and was not on my cell phone. Also when asked, the attendants would not call the police, so I asked another lady at the pump would she and she said she did not have her cell phone. Before I could ask her anything else the attendant came up behind me and closed the door, prohibiting me from getting a witness statement because the lady drove away. The floor was muddy and wet, as it had been raining really hard and it looked like people had been in and out the gas station because it is open 24 hours. The rug that was supposed to be by the door was pulled all the way back leaving a good 2 feet of open, wet, muddy tile. I didn’t have a chance to see the sign because as soon as I stepped in, I slipped immediately. I am very upset because I am missing work, shows, and just the overall quality of life because I have to keep this brace on for another 3 weeks, then go through physical therapy because I can’t invert my ankle. I was wondering did I have a case? Thank you for your time.

Answer: The answer to your questions depends on the law in Michigan for a slip and fall injury. Florida personal injury claims such as car accidents, slip and fall cases, and work accidents are what I specialize in.  However, laws vary from state to state so what happens in a Florida slip and fall injury may not be the case in Michigan.

The best advice I would give you is do speak with your about your claim.  He can advise you what the law is in Michigan for slip and fall accidents which occur such as yours.  He also knows the facts of your case, good and bad, and can give you an idea of whether you have a good case.

Generally, a store owner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  The fact that the store put a "wet floor" sign at the entrance may hurt your case, but maybe just walking in the door you didn’t have a chance to see it.

Has your attorney received a copy of the surveillance video?  That will be the best evidence as they are usually trained right on the entrance/exit. If the store hasn’t provided a copy yet, your attorney should have at least written to the store to make sure they preserve the video as they get recorded over after a certain period of time, i.e. every 24-48 hrs.

I specialize in Florida slip and fall injury cases, but not all lawyers do. Make sure your attorney is one that specializes in premises liability claims.  Many attorneys say they do "personal injury" claims, but after asking around, you’ll find they take anything that walks in the door.  Ask how many claims like yours they have handled.  Ask them if they have tried any cases like yours.  And, how many slip and fall claims they currently have now.

I think you have a good claim based upon the injury, your profession, and the limitations you have right now.  The most difficult part of the claim is going to be proving liability against the store when they have the "wet floor" sign out.  Make sure you document and keep records of the income you are losing as a result of the injury.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at http://www.jmmlaywers.com, or email him today.

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