Our Hollywood, FL slip and fall accident lawyer knows all too well that slip and fall accidents are among the most common causes of injuries in Florida, often resulting in severe consequences such as broken bones, head injuries, and back issues. If you’ve been injured in a slip-and-fall accident, it’s important to understand how Florida law allows you to hold property owners accountable for their negligence.

Premises Liability in Florida

Under Florida law, property owners have a legal duty to maintain their premises in a reasonably safe condition. This duty applies to business owners, landlords, and even private property owners. When they fail to fulfill this obligation, they may be held liable for injuries caused by hazardous conditions on their property.

Key Elements of a Slip-and-Fall Claim

To hold a property owner accountable, you must prove the following:

A Dangerous Condition Existed
You must show that there was a hazardous condition on the property, such as a wet floor, uneven pavement, or poor lighting, which caused your fall.
The Property Owner Knew or Should Have Known About the Hazard
- Actual Knowledge: The owner was directly aware of the dangerous condition.
- Constructive Knowledge: The owner should have known about the hazard because it existed long enough to be noticed or was a recurring issue.
Failure to Address the Hazard
You must demonstrate that the owner failed to repair, remove, or adequately warn about the dangerous condition in a reasonable amount of time.
Your Injury Was a Direct Result of the Hazard
Finally, you need to prove that the unsafe condition directly caused your injuries.

Florida’s Comparative Negligence Rule

Florida follows a comparative negligence rule, which means your compensation may be reduced if you are found partially at fault for the accident. For instance, if you were texting and didn’t notice a “Wet Floor” sign, your damages could be reduced by the percentage of fault assigned to you.

Steps to Take After a Slip-and-Fall Accident

If you’ve been injured in a slip-and-fall accident, taking the following steps can strengthen your claim:

Report the Accident: Notify the property owner or manager immediately and request an incident report.
Document the Scene: Take photos of the hazard and surrounding area.
Gather Witness Information: Collect contact details from anyone who witnessed the incident.
Seek Medical Attention: Get treated for your injuries and keep all medical records.
Consult a Personal Injury Lawyer: A skilled attorney can help you navigate Florida’s premises liability laws and build a strong case.

Common Defenses Property Owners Use

Property owners may try to avoid liability by arguing:

The hazard was open and obvious, and you should have noticed it.
You were trespassing and therefore not entitled to protection.
Your own negligence contributed significantly to the accident.

An experienced personal injury attorney can counter these defenses and advocate for your rights.

Slip-and-fall accidents can lead to life-altering injuries, but Florida law provides a pathway to hold negligent property owners accountable. If you’ve been injured, don’t hesitate to seek legal advice to protect your rights and pursue fair compensation.

Have you or a loved one been injured in a slip-and-fall accident in Florida? At Loshak Law, we’re here to provide you with the guidance, support, and legal representation you need to navigate the complexities of your case and obtain the compensation you deserve. Don’t wait—contact us today at (954)334-1122 for a free consultation and let us help you get back on the road to recovery.

Accidents involving 18-wheelers can be devastating, leading to severe injuries and significant financial burdens. If you find yourself in such a situation, knowing what steps to take is crucial for your well-being and your legal rights. At Loshak Law, we understand the complexities of truck accident cases and are here to provide you with the guidance and support you need.

Prioritize Safety: The immediate aftermath of a truck accident can be chaotic and overwhelming. Your safety and well-being should be your top priority. If you’re able to move, try to get to a safe location away from traffic. If you or anyone else is injured, seek medical attention immediately.
Contact Law Enforcement: It’s essential to report the accident to law enforcement as soon as possible. The police report will document important details about the crash, which can be invaluable for your case. Be sure to provide accurate information and cooperate with the authorities.
Gather Evidence: While still at the scene, if possible, gather evidence that may help support your claim. This includes taking photos of the vehicles involved, the accident scene, any visible injuries, and obtaining contact information from witnesses. These pieces of evidence can strengthen your case and provide valuable insight into what happened.
Seek Medical Attention: Even if you don’t think you’re seriously injured, it’s crucial to seek medical attention promptly. Some injuries may not be immediately apparent, and delaying treatment could worsen your condition. Additionally, medical records will serve as evidence of your injuries and the treatment you received.
Avoid Speaking with Insurance Adjusters: After the accident, you may receive calls from insurance adjusters representing the trucking company or their insurer. It’s essential to refrain from providing any statements or signing any documents without consulting with an attorney first. Insurance companies may try to minimize your claim or shift blame onto you, so it’s best to let your legal representation handle communications on your behalf.
Consult with an Experienced Attorney: Dealing with the aftermath of a truck accident can be overwhelming, especially when you’re trying to recover from injuries. That’s where we come in. At Loshak Law, our team of experienced attorneys specializes in truck accident cases and is dedicated to helping injured individuals seek the compensation they deserve. Don’t hesitate, call us at (954)334-1122 for a free consultation

How Loshak Law Can Help

When you choose Loshak Law to represent you, you’re choosing a team that will fight tirelessly on your behalf. We’ll conduct a thorough investigation into the circumstances of the accident, gather evidence, and build a strong case to pursue maximum compensation for your injuries, medical expenses, lost wages, and pain and suffering.

Our attorneys have a deep understanding of the complex laws and regulations governing the trucking industry. We’ll leverage our knowledge and experience to hold negligent parties accountable and ensure that your rights are protected every step of the way.

Being involved in an accident with an 18-wheeler can be a traumatic experience, but you don’t have to face it alone. At Loshak Law, our Hollywood, FL truck accident lawyer is here to provide you with the guidance, support, and legal representation you need to navigate the complexities of your case and obtain the compensation you deserve. Don’t wait—contact us today at (954)334-1122 for a free consultation and let us help you get back on the road to recovery.

If you suffered injuries in an accident in South Florida, you might wonder what steps you should take to recover compensation from the person who harmed you. Whether the injury is the result of a car crash, slip and fall, defective product, or another type of incident, you might have the ability to collect damages.

Perhaps you already received an offer from an insurance adjuster but did not know whether you should take the settlement. Before you make a serious decision, you should speak to an experienced personal injury lawyer. Below are six reasons why you should not hesitate to speak to an attorney.

If you have questions about your claim, contact Loshak Leach, LLP, to discuss your case with a dedicated South Florida personal injury lawyer.

No Fees Unless You Win

If you are wavering on whether to reach out to a lawyer, remember that when it comes to personal injury claims, your attorney will likely charge a contingency fee. Essentially, you will only pay your lawyer if you recover damages. If you do not reach a settlement or lose at trial, you do not pay legal fees.

There will be no upfront fees for consulting with an attorney. If fear of the legal fees is causing your fear of contacting a lawyer, you can put those worries to rest.

Rational Advice

Suffering a severe injury can be emotionally devastating. You might be angry, frustrated, and desperate to hold someone accountable for the harm that they caused. However, your best approach to seeking compensation will be measured and rational. Hiring a lawyer means that you have someone working on your side who can provide you with practical advice and counsel about your claim. While your claim is personal, the legal process will be technical and professional. Your lawyer will understand how to work in this system.

Claim Assessment Assistance

Experienced personal injury lawyers have seen the way that claims play out in the court system. Your lawyer will have questions for you and will be able to get a sense of the value of your claim. Unlike insurance adjusters and defense lawyers, your attorney will not be motivated to undervalue your claim. Your attorney should provide an honest assessment, which will serve as guidance during any settlement negotiations.

Investigation Experience and Resources

Pursuing a legal claim will mean investigating the accident and the defendant. Your lawyer will have to gather evidence, reports and speak to witnesses. Experienced lawyers will know how to initiate and carry out this process.

You may also need to find an expert witness who can help build your case strategy or illustrate the extent of your injuries. For instance, if you suffered a traumatic brain injury, the damage might not be apparent externally, and only those close to you might see the impact of the injury. A medical expert might prove instrumental in convincing the court that you genuinely suffered devastating harm because of the incident.

Negotiating Better Settlements

Insurance companies often offer low settlements to try to get rid of claims. Once you hire a lawyer, your attorney will take over the negotiations with these companies. Insurers will get the message that you are not going to accept an unfair offer and that they will need to take your case seriously. Your lawyer will have experience working towards a settlement with insurers and know the tactics these companies use to limit their liability.

Your lawyer will also know how to handle other attorneys working for opposing counsel. If you are not familiar with the legal system, this can be a complicated and intimidating process. An attorney will work to get the most out of your claim.

Navigating the Court System and Taking a Case to Trial

Lawsuits will involve a great deal of technical procedures and processes. Proving your case will mean demonstrating that the defendant behaved negligently and showing the nature and extent of your injuries. There are rules for how to gather information, how to collect witness statements, and how to present the information before the court. If you are not familiar with the system, the process will be challenging and confusing. Your lawyer will know what steps to take at each phase of the litigation.

Call Loshak Leach, LLP Today for a Consultation with a Dedicated Personal Injury Attorney

Following a serious injury, you might be struggling with complicated emotions, physical injuries, and financial struggles relate to your medical bills and lost time at work. You will likely have questions about how to pursue a claim for damages.

You should not go through this process on your own. Call Loshak Leach, LLP today at (954) 334-1122 to learn more about how our experienced personal injury lawyers can help you seek the best possible outcome for your claim.

Being involved in a trucking accident can be a life-altering event, leaving individuals in a vulnerable position as they navigate the complexities of the legal system. In such unfortunate circumstances, it’s crucial to understand why hiring a Florida personal injury attorney is essential to protect your rights and seek fair compensation. In this article, we will explore three key reasons why legal representation is vital for anyone involved in a trucking accident. So, let’s explore how a skilled attorney can fight on your behalf to ensure justice is served.

In-Depth Understanding of Trucking Accident Laws: Trucking accidents involve specific laws and regulations that govern commercial vehicles. A Florida personal injury attorney specializing in trucking accidents possesses the necessary expertise to navigate these intricate legal frameworks. They are well-versed in Federal Motor Carrier Safety Administration (FMCSA) regulations, state traffic laws, and other crucial aspects that play a significant role in building a strong case.

By hiring an experienced attorney, at Loshak Law PLLC you gain a valuable ally who can conduct a thorough investigation, gather evidence, and determine liability. They will tirelessly fight to protect your rights and ensure you receive just compensation.

Effective Negotiation Skills: Following a trucking accident, insurance companies often strive to minimize their liability and settle for the lowest possible amount. These companies have teams of lawyers and adjusters who are skilled in negotiation tactics. Without proper legal representation, it can be challenging to navigate these negotiations and secure a fair settlement.

A skilled personal injury attorney will serve as your advocate during the negotiation process. Leveraging their expertise, knowledge of similar cases, and understanding of the true value of your claim, they will fight to ensure you receive the fair and maximum compensation you deserve. With their guidance, you can be confident that your rights are protected, and all your physical, emotional, and financial damages are taken into account.

Litigation Support: While many personal injury cases are resolved through negotiations, some may require litigation to reach a fair resolution. If your case proceeds to trial, having an experienced Florida personal injury attorney becomes even more crucial. The attorneys at Loshak Law PLLC are well-versed in courtroom procedures, possess strong litigation skills, and will present a compelling case on your behalf.

From gathering witnesses and expert testimonies to presenting evidence and arguing your case, Loshak Law PLLC‘s experienced attorneys will vigorously fight to secure the justice you deserve. They will handle the legal complexities, allowing you to focus on your recovery and well-being during this challenging time.

A trucking accident can have severe consequences, leaving individuals in a vulnerable position as they deal with physical, emotional, and financial challenges. Hiring a Florida personal injury attorney who specializes in trucking accidents is crucial to protect your rights and pursue fair compensation. Their in-depth understanding of trucking accident laws, effective negotiation skills, and litigation support can make a significant difference in the outcome of your case.

When selecting an attorney, choose one who is experienced, compassionate, and dedicated to fighting for your rights. To learn more about personal injury cases and how an attorney can assist you, visit www.loshakleach.com for valuable information and relevant resources.

Remember, seeking legal representation after a trucking accident is essential to ensure your voice is heard, your rights are protected, and you receive the compensation you deserve. Don’t hesitate to consult with a personal injury attorney at Loshak Law PLLC who can help guide you through the legal process and fight on your behalf.

Only Pay if You Win: Contingency Fees Take the Risk Out of a Lawsuit

If you are concerned that legal fees will prevent you from filing a valid claim, you need to learn about contingency fees. Contingency fees are a compensation arrangement between a lawyer and their client. Working on a contingency fee means that the attorney will not earn any fees unless the case is successful. The fees will then come in the form of a percentage of the recovered funds.

Understanding Contingency Fees

Many lawyers in Florida charge hourly fees for their work. The client will then get a bill for the time the lawyer spent on their case, regardless of the outcome. A contingency fee is different because you will pay an agreed upon portion of what you recover at the end of the litigation instead of paying hourly. If you do not collect anything, your lawyer will not recover any fees.

Why Are Contingency Fees Helpful?

Imagine that you are in an accident that another person caused. You suffered injuries that cost you money and caused you to lose time at work. You might not have the means necessary to pay a lawyer to pursue a claim against the person who caused you harm. The law recognizes that this is not fair, and so Florida permits attorneys to charge contingency fees that do not require an upfront cost to the client. This fee arrangement will take the risk off you and put it onto the attorney.

What Fees Do I Pay if I Win?

If you win and a jury issues an award or if you settle your case, your attorney will get a percent of the damages. The award will also cover costs related to the litigation, such as:

Fees for expert witnesses
Filing fees
Court fees
Transcription fees for depositions

Once you pay the fees, the remaining balance of the award is yours. Your lawyer can explain the likely costs and fees so that you fully understand the agreement.

Entering a Contingency Fee Contract

State law requires that contingency fee contracts between attorneys and clients contain detailed and specific terms. Florida Rule 4-1.5(f) states that the contract must outline in writing:

The method of the fee calculation
The percentages of fees based on the stage of litigation at which the case comes to an end
All expenses that the award will cover
Whether the cost of litigation charges will come out of the award before or after calculation of contingent fees

The client must sign the agreement to make it valid and will have the opportunity to withdraw from the contract within three business days of signing.

What Percentages Does a Lawyer Charge?

Florida law caps the percentage of fees that a lawyer can charge their client in a contingency agreement. The fee percentages vary based on the stage at which the lawsuit concludes and the amount of compensation the client recovers. If the lawsuit settles before the defendant files an answer, the fees are as follows:

No more than one-third of the recovered award for settlements up to $1 million
No more than 30 percent for awards of $1 million to $2 million
No more than 20 percent for awards greater than $2 million

After the defendant files an answer or the period in which the defendant should have filed an answer, the fee percentages increase. In these cases, the attorney’s fees may amount to 40 percent on up to $1 million, 30 percent between $1 and $2 million, and 20 percent on awards above $2 million.

There are exceptional circumstances that may lead to different arrangements, so it is essential to understand the contract you sign.

Hiring a Lawyer

Lawsuits are costly, but a contingency fee arrangement can open the door for clients who have valid claims but cannot afford to pay a lawyer out of their pockets. By entering a contingency fee arrangement, you can engage an experienced attorney to represent you in your pursuit of the compensation to which you may be entitled.

If you have questions about whether a contingency fee arrangement will work in your case, contact Loshak Law PLLC at 954-334-1122 today.

Motorcyclists understand that their vehicles are more dangerous than many others on the road. However, many motorcycle crashes occur because of other drivers and not because of the motorcyclist’s own actions. Even when a motorcyclist is cautious, they are at the mercy of other drivers. These road users face a risk of dying in a crash that far exceeds that of individuals in passenger cars.

If you were in a collision while riding a motorcycle, and the other driver caused that accident, you might be able to recover compensation. If you lost a loved one in a motorcycle crash, you could also be able to collect damages. If you have questions about your possible claim, contact the experienced personal injury attorneys at Loshak Law PLLC at 954-334-1122.

Motorcycle Crashes and Comparative Negligence

In Florida, if you are injured in a motorcycle crash and wish to hold the other driver liable, you will have to prove that the other individual behaved negligently. Negligent drivers are those who fail to behave like a reasonably prudent motorist. Some examples of driver negligence include speeding, texting while driving, driving while drunk, or failing to stop at a stop sign.

Motorcyclists often face risks because other drivers overlook them. Just because a motorcycle is smaller than other vehicles on the road does not mean that drivers can ignore these individuals. A motorcyclist has equal rights to use the road as any four-wheeled vehicle. Unfortunately, drivers who are0 attempting to turn left for changing lanes frequently fail to see two-wheeled vehicles. Although the driver may cause the crash, the motorcyclist will face the worst of the consequences.

Helmet Laws and Comparative Negligence in Florida

You can be partly at fault for a motorcycle crash in Florida and still recover damages from another driver. The Sunshine State practice is pure comparative negligence. Comparative negligence means that if you are partly at fault for your own injuries, you can recover reduced damages that reflect a discount for your share of the fault.

Florida law is more forgiving than most states that practice comparative negligence, but that prevents recovery when the victim is 50 percent or more at fault for their injuries. Other states practice pure contributory negligence in which a victim who shares any fault for their injury will not be able to recover anything from a driver who is more at fault. The different state laws result in vastly different outcomes.

If you were 60 percent liable for your own injuries in Florida, you could recover 40 percent of your damages. In a case worth $100,000, you would recover 40,000 dollars. In most other states, you would not recover anything from the other driver in this scenario.

Helmet laws and Motorcycle Crashes

In Florida, motorcyclists must wear the helmet if they are under 21 years old. If you were involved in an accident and failed to wear a motorcycle helmet, the other driver may claim that your injuries are your fault for not wearing that helmet. Your failure to use a helmet can work against you when it comes to comparative negligence cases. However, it will not prevent you from recovering damages from the other driver if they are at fault.

If you are in a motorcycle wreck and suffer a broken arm, the fact that you were or were not wearing a helmet might be irrelevant. If you did not wear a helmet but did not suffer a head or face injury, your lack of a helmet was not a factor that caused or worsened your injuries.

Damages and Motorcycle Crash Cases

Personal injury cases will lead to damages for economic losses and your emotional and physical pain and suffering. Economic losses are those related to medical bills, lost work, lost earning capacity, as well as your future lost income and medical expenses.

If the driver caused her injuries behaved in a particularly wrongful way, such as if they were drunk or drag racing at the time of the crash, you might also recover punitive damages. Punitive damages barely apply and do not address the injured person’s harm but rather penalize the defendant for particularly egregious acts.

Wrongful Death Claims

If your family member died from injuries they suffered in a motorcycle crash, you should consider filing a wrongful death lawsuit. Wrongful death claims seek damages for the loss of a loved one, including for the loss of guidance, companionship, and support, as well as for funeral costs. The victim’s estate can recover other damages as well, including for that individual’s income and benefits.

Statute of Limitations in Florida Personal Injury and Wrongful Death Claims

It is essential to consult an attorney soon after an accident. Florida’s statute of limitations only allows you four years to file a claim. Once that period passes, the court will not permit the claim to move forward. An attorney will need time to build a claim, and reaching out sooner will help ensure that they have an opportunity to build the case.

In wrongful death claims, the statute is shorter. You cannot file your lawsuit more than two years from the date that the victim died.

Call Loshak Leach Today

If you suffered harm in a motorcycle crash or lost a loved one in a collision, contact Loshak Law PLLC. Our lawyers are ready to advocate for you and fight for the compensation that you deserve. We represent clients throughout South Florida, including Palm Beach, Broward, and Miami-Dade. Call us today at 954-334-1122.

Theoretically, it’s a good thing. Riding the Lime electronic scooters or “e-scooters” now available in Fort Lauderdale seems like a fun, affordable, eco-friendly way to get around the city without a car. And you don’t even have to buy one – you can just rent one instead. All you have to do is access an app to find the nearest available scooter, which you’ll then have to pay about $1 to unlock and 15 cents per minute to ride. But beware – the activity is not without serious risks for riders and pedestrians.

City commissioners in Fort Lauderdale unanimously passed an ordinance to use the “dock-less mobility units” in July 2018. At the time, officials hoped the electric scooters would offer a transportation alternative to ease the burden on local traffic.

Back in October 2018, California lawyers filed a class action against four e-scooter companies including Lime. According to published reports, the lawsuit filed in Los Angeles County Superior Court accuses the defendants of “gross negligence” and “aiding and abetting assault” by:

Failing to provide adequate safety warnings
Making defective products available to the public
Making the products available to the public in spite of known risks
Allowing them to be left in public streets without adequate warning

Although there were eight plaintiffs at first, the lawsuit alleges that, “scores (if not hundreds) of riders and pedestrians and members of the public have suffered, are continuing to suffer and will to continue to suffer egregious and avoidable injuries and damage to their person and property.”

One of the lawyers who brought the suit also says 100 people purportedly injured by the devices have contacted her. Some were hurt while riding e-scooters and some were pedestrians struck by e-scooters, she says. All of them have sustained similar injuries, including broken bones, head trauma and soft tissue injuries.

In other cases across the country, e-scooter accidents have even resulted in fatalities. One such incident happened in Washington, D.C., where an SUV struck and dragged someone riding a Lime e-scooter. The other incident occurred in Dallas.

Faced with mounting public criticism and concern about e-scooter safety, a Lime representative told the media that “safety has always been at the very core of everything we do at Lime, as is our mission of reducing cars from city streets and making them safer and greener for pedestrians, bike and scooter riders alike.” However, the company does not comment on pending litigation.

In addition to Fort Lauderdale, Lime makes its e-scooters available in Miami Springs, Miami Lakes, Miami Shores, North Miami, North Bay Village, Key Biscayne, Barry University, Johnson & Wales and St. Thomas University. Other companies like Bird, Lyft, and Bolt have also entered the South Florida market and are only expected to grow in popularity.

While these transportation alternatives are affordable, easy to use, and accessible, they also pose a significant threat to injury. If you were injured while riding an e-scooter or if you were struck and hurt by one while you were on foot, the experienced attorneys at Loshak Leach, LLP are here to help. Contact us to schedule an appointment today.

Getting into an auto accident is a terrifying and stressful experience. If you sustain an injury, you might experience significant pain and suffering, as well as financial losses relating to the accident. The law provides a way for you to recover damages when another person is at fault for the accident that injured you.

If you suffered injuries in a car crash, you should reach out to a personal injury lawyer who can advocate on your behalf. Call Loshak Leach, LLP today to learn more about how our dedicated automobile accident lawyers can help you.

What Damages Can You Recover in an Auto Accident?

Before you can recover damages, you will have to prove that another driver is at fault for your injuries. Luckily, even if you are partly at fault for your injuries, you can still recover from another driver who bears responsibility for the crash in Florida. Florida is a pure comparative negligence state, which means that even if you are more at fault, you may recover damages from another person who also contributed to the cause of the accident.

If you do succeed in your claim, you will be able to recover damages that will compensate for your:

Medical bills
Lost wages
Pain and suffering
Disfigurement

There might be other damages available depending on the particular facts. In some cases, you may even recover punitive damages, which punish particularly wrongful actors, such as drunk drivers.

Throughout the legal process, your lawyer will work to get the most out of your claim. The damages available will depend on many factors, though, and there are things that you can do to improve your ability to get the compensation you need.

How to Negotiate a Strong Settlement

There are several things that you can do to protect your auto accident claim. There are also things that you should avoid doing because they might hurt your case. Here are a few of the dos and don’ts of auto accident personal injury negotiations.

Things to Do to Get the Most Out of Your Claim:

Always know the value of your claim: Speaking to an attorney early on is a wise act because if you undervalue your claim, you will only hurt your efforts. Insurers will often attempt to negotiate with injury victims and frequently offer low ball settlements to get rid of your claim. Your attorney can negotiate will these insurers on your behalf and let the insurance company know that you will not take an unfair offer.
Follow Your Doctor’s Orders: If your doctor tells you to take medication or attend physical therapy, you should follow that advice. If you skip appointments, it will look as though you do not take your injuries seriously. If you do not take your injuries seriously, you will have a more challenging time convincing other people to believe that you sustained severe harm.
Keep Your Medical Records: When it comes to personal injury claims, you will need to show evidence of the harm you suffered. Your medical records will be a crucial part of your evidence. You may also need to ask your doctor or other medical experts to serve as witnesses.

Things to Avoid When Negotiating a Car Crash Settlement:

Take an Easy Settlement: It might be tempting to take an offer and try to move on, but in many cases, that offer will not truly represent your injuries. You may not even realize the actual costs of ongoing physical therapy and other treatments that follow even relatively minor automobile accident injuries. Never settle without first discussing your case with an attorney.
Post on Social Media: Insurance companies and defense attorneys will investigate injury victims to determine if they are lying about their claims. Sometimes the process might involve having a private eye follow the person and take photos of them lifting heavy objects or taking runs after claiming that they are too injured to work. However, nowadays, many people damage their claims by posting photos that the opposing side can use against them. Use caution when it comes to your social media account, as your actions may come back to haunt you.

Settling a Claim Versus Going to Trial

Most claims will settle before trial. However, your attorney may engage in the litigation process and prepare for trial by gathering evidence, deposing witnesses, and taking all of the necessary steps to ensure that you build a strong case.

Collecting that evidence often leads to the other side coming up with a settlement offer. Your attorney might attend a settlement conference where they will work with the judge and the other side to settle your claim.

If the opposition does not offer a settlement that you and your lawyer believe is reasonable, your lawyer may advise that you take the case to trial.

At trial, a jury will determine liability and will decide whether or not to award damages. Settling will avoid a risk of a jury deciding that the other person is not liable and choosing not to award compensation. However, sometimes, pursuing a trial will be your best move to get the compensation you deserve.

An Attorney Can Help You Following an Auto Accident

If you sustained an injury in a car accident, you might be able to recover damages. The money you might recover can help you and your family during a challenging time in your life.

At Loshak Leach, LLP, our compassionate attorneys understand how important our clients’ personal injury claims are for our clients and their loved ones. Call us today to discuss your claim. Remember, you don’t pay unless you recover!

Injuries caused by poor lighting can be serious, often resulting in falls, collisions, or other accidents. Under Florida law, property owners are responsible for ensuring that their premises are safe for visitors, which includes providing adequate lighting to prevent hazards. If you were injured because of poorly lit conditions, you may have a case for premises liability. Here’s what you need to know about holding a negligent property owner accountable.

Premises Safety and the Duty of Care in Florida

Florida law requires property owners and managers to maintain reasonably safe conditions on their premises. This includes ensuring proper lighting in:

Parking lots
Stairwells
Entrances and exits
Sidewalks and walkways
Public spaces inside buildings

Poor lighting can create dangerous situations by obscuring hazards such as uneven surfaces, obstacles, or steps. In some cases, poor lighting may also increase the risk of criminal activity, further endangering visitors.

What You Need to Prove in a Poor Lighting Injury Case

To establish a premises liability claim for injuries caused by poor lighting, you must demonstrate the following elements:

A Dangerous Condition Existed
Poor lighting must have created a hazardous condition. Examples include a dimly lit staircase where a step was missed or a dark parking lot where an uneven surface caused a trip-and-fall.
The Property Owner Was Negligent
You must prove that the property owner knew, or should have known, about the poor lighting and failed to fix it.
- Actual Knowledge: The owner was aware of the issue, such as through prior complaints.
- Constructive Knowledge: The condition existed long enough that a reasonable property owner should have discovered and addressed it.
The Poor Lighting Caused Your Injury
It’s essential to establish a direct connection between the poor lighting and your injury. For instance, if you tripped because you couldn’t see a step due to inadequate lighting, this would establish causation.
You Suffered Damages
To recover compensation, you must show that the accident caused physical, emotional, or financial harm, such as medical bills, lost wages, or pain and suffering.

Factors That Determine Liability

When evaluating a case involving poor lighting, Florida courts may consider:

Reasonableness of Maintenance: Did the property owner conduct regular inspections and maintenance to ensure lighting was functional?
Duration of the Hazard: How long had the poor lighting condition existed before the accident?
Compliance with Local Codes: Did the property owner violate local safety or building codes requiring adequate lighting?
Warning Signs: Were there warnings or alternative measures in place, such as reflective tape or temporary lighting?

Comparative Negligence in Florida

Florida follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for your injury. For example, if you were distracted by your phone while walking in a poorly lit area, your damages might be reduced by the percentage of fault attributed to you.

Common Locations Where Poor Lighting Accidents Occur

Poor lighting injuries often occur in:

Apartment complexes and condominiums
Retail stores and shopping malls
Hotels and resorts
Parking garages and lots
Public parks and walkways

Property owners in these locations must take extra precautions to ensure visitors’ safety, especially in high-traffic or potentially hazardous areas.

Steps to Take After an Accident Caused by Poor Lighting

If you’ve been injured due to poor lighting, here’s how to protect your rights:

Document the Scene: Take photos or videos of the poorly lit area and any hazards that contributed to your injury.
Report the Accident: Notify the property owner, landlord, or manager immediately and request an incident report.
Seek Medical Attention: Get treatment for your injuries and keep all medical records.
Gather Witness Information: Collect contact information from anyone who saw the accident.
Consult a Personal Injury Lawyer: An experienced attorney can evaluate your case and guide you through the legal process.

Defenses Property Owners May Use

Property owners may argue:

The poor lighting was obvious and avoidable.
You were trespassing at the time of the accident.
Your own negligence (e.g., distraction or intoxication) contributed to the injury.

A skilled lawyer can challenge these defenses and advocate for the compensation you deserve.

Conclusion

If you’ve been injured due to poor lighting, you may have a valid premises liability case under Florida law. Property owners have a legal duty to provide adequate lighting to prevent accidents, and failing to do so can make them liable for injuries.

Don’t let negligence go unchallenged. At Loshak Law, we’re here to provide you with the guidance, support, and legal representation you need to navigate the complexities of your case and obtain the compensation you deserve. Don’t wait—contact us today at (954)334-1122 for a free consultation and let us help you get back on the road to recovery.

Category: Personal Injury