Slip and Fall Accident in Florida "Slip and fall" and ‘trip and fall’ are terms used to describe a type of personal injury case. These cases fall under the broader category of premises liability claims. According to the Centers for Disease Control and Prevention (CDC), Over 800,000 patients a year are hospitalized as a result of a fall injury, most often a head injury or hip fracture, and falls are the most common cause of traumatic brain injuries (TBI). Furthermore, One out of five falls causes a serious injury such as broken bones or a head, neck or back injury. If your slip and fall occurred on someone else’s property, the owner, the tenant, a management company or some other party responsible for maintaining the property where your fall occurred, or a party in control of the property where your fall occurred, may be required to pay you money damages for your injuries. A lawyer can help you decide if you can sue for your slip and fall and if so, who the responsible parties might be. Can you sue for a slip and fall accident? You can sue for a slip and fall accident in Florida. You certainly would want to try to settle the case first because a lawsuit takes years to finish. Most of my clients settle their slip and fall cases with the insurance company for the property owner. With my help, they are usually able to recover a fair settlement without filing a lawsuit. If you do decide to file suit, you or your lawyer would file a complaint for damages in the courthouse, or now online, in the county where the incident occurred. There are some instances where you would be filing suit in other locations or even in Federal Court, but for the most part, if you get hurt locally, you would be suing in the county where the incident occurred. If you do file suit, there are certain procedural requirements you must follow to avoid your lawsuit being thrown out by the judge. Filing a slip and fall accident lawsuit First, if more than four years has passed, Florida’s statute of limitations would bar you from filing suit against the property owner. You must remember that a lawsuit must be filed within four years, even if medical treatment is ongoing and the parties are continuing to negotiate towards a potential settlement. Once four years passes, the defendant will no longer offer you a penny to settle your slip and fall case. The biggest and most common mistake many lawyers make in these situations is waiting too long and not settling or filing suit within the four-year statute of limitations. Assuming you are within the four-year time period required by law, you must file a complaint that states a cause of action. A cause of action is a fancy way to say it has to be a claim that is recognized under Florida law. For a slip and fall case, this would fall under the general category of a negligence claim and in order for you to be able to continue with your lawsuit you must allege in your complaint the correct elements. Those elements would be first that the Defendant you are suing (usually the property owner) had a duty to do something to protect you. If you were invited onto a property, the landlord would generally owe you a duty to maintain the property in a reasonably safe condition, to remedy any conditions that become known to the property owner and to warn you of the dangerous condition. After alleging that the property owner owed you a duty of reasonable care, you must next allege in your lawsuit that a result of their actions (or inactions), the landlord or property owner breached their duty of reasonable care by failing to maintain the property in a reasonably safe condition or failed to remedy a condition they knew about or should have known about had they been acting as a reasonable and prudent property owner would under similar circumstances. Then, you must allege in your lawsuit that as a result of the property owners breach of their duty of reasonable care, that you suffered some form of injury. The damages you claim in your lawsuit could be for past out of pocket expenses, past medical bills, past lost wages, future medical bills, future wage loss and other economic damages. Additional damages you can claim in your lawsuit would be for non-economic damages in the past and future – such as your pain and suffering and loss of ability to enjoy life due to your injuries. In conclusion, if you allege in your lawsuit each of the elements mentioned above, you will be allowed to go forward. The case could either settle at some point or end up in a full jury trial. Either way, the first step would be to get your lawsuit filed properly. I can help filing suit for you in any county in Florida. If you’ve been injured in a slip and fall accident, you may be entitled to compensation. Call or email us for a review of your case. Dial (877) Gluck-Law from anywhere in Florida, or email me directly at [email protected]
Common Injuries from Slip and Fall Accidents Slip and fall injuries can be quite severe and cause a myriad of issues, including loss of wages, pain and suffering, and long-term medical expenses. Whether the accident happened at the grocery store, at the park, at a friend’s house, or even in your own home, you shouldn't have to suffer physically or financially due to the negligence of the property owner. So, what are some of the most common injuries from slip and fall accidents? Read below to find out. When someone falls due to the negligence of another party, the injuries will depend on the details of the fall. Obviously, a fall from an elevated position will result in more damages than a fall from ground level. Nonetheless, there are certain types of injuries that are common to most slip and fall cases. Those would include knee injuries, wrist injuries, low back, mid back and neck injuries, shoulder injuries or head injuries. Knee Injuries In regard to the knees, many times when the knee contacts the ground first, damage can be in the form of swelling, contusions or bruising. With conservative therapy, these symptoms resolve themselves many times. In the event they do not, a diagnostic test such as an MRI or CT Scan will be necessary to determine if any serious damage was done. A meniscus tear, ACL strain or tear or other ligament injuries, along with knee cap fractures, are all possibilities when the knee hits the ground first. Wrist, Arm and Shoulder Injuries The wrist, arm and shoulder are very common areas to be injured as well. Most people who are falling forward will instinctively place their arms in an outstretched position in an attempt to break their fall. This commonly results in wrist fractures, shoulder separations or other arm/elbow/shoulder injuries from the impact and force transferring through and up the arm to the shoulder. Back and Spine Injuries Next, the lumbar spine is an area of common injury from a fall. The lowest lumbar vertebra takes most of the force from a fall where someone lands on their rear end. Typically, there would be low back pain that is either localized or causing radiation of pain, numbness or tingling. The injury might also cause pain that travels down the lower extremities on both sides or just one, going into the thigh, to the knee, or sometimes down to the calf, foot and toes. Any reported numbness, tingling or radiating pain could be a sign of a disc injury in the lumbar spine. These types of injuries could be a bulging or herniated disc, the shock absorber type material that acts as a cushion between the vertebra in your spine. These are seen best on an MRI scan of the lumbar spine. The neck or mid back could also be injured when the body is put in an unusual position as one falls to the ground. Sometimes the neck could snap or the body could be twisted on impact, causing the mid-back or thoracic spine to receive injury as well. An MRI will show if these injuries are serious or just soft tissue in nature. Head Injuries A head injury is always a possibility from a fall as well. Hitting your head on the ground as a result of a fall can cause many problems ranging from post-concussion syndrome to a mild or severe traumatic brain injury. Headaches, dizziness and forgetfulness are possible symptoms that should result in a CT scan to accurately diagnose the extent of the trauma/injury. Understanding all the potential injuries that a fall can cause will help you assist your medical providers form a proper diagnosis and treatment plan standpoint. What Should I Do If I Was Involved in a Slip and Fall Accident? It’s critical you seek immediate medical help if you were involved in a slip and fall accident. Report to your doctor the severity, frequency and duration of your pain If possible, and be specific regarding the body parts that are injured. Also, to help your lawyer prove your case, take as many photos as possible of the location and circumstances of the fall and the injuries you sustained. If you or a loved one has been injured in a slip and fall accident caused by negligence, Florida personal injury attorney Robert Gluck is here to help. Call (877) GLUCK-LAW to set up your free consultation.
3 Secrets Insurance Companies Don’t Want You To Know There are three secrets I have discovered during my 32 years of practicing law that insurance companies don’t want you to know about your personal injury case. 03/26/2021 First Secret Insurance Companies Don’t Want You To Know: First, whether it is Allstate, State Farm, Geico, Progressive, U.S.A.A., Nationwide or any of the other large insurance companies that are likely going to be on the other side of many car accident cases or homeowner’s insurance claims involving injuries, or other premises liability claims, they have what I would call a team of “nice adjusters” who are specifically assigned to communicate with anyone bringing a claim that is NOT represented by a lawyer yet. Once a lawyer is in the picture, the file is usually transferred immediately to the “regular” adjusters that deal with lawyers in handling most personal injury claims. This group of “nice adjusters” have as their main goal to prevent you from feeling as if you need to go out and hire a lawyer. They want you to believe that they are going to help you to get the most fair settlement possible and that the more you cooperate with them the better off you are. They will usually assure you that they will be fair with you, and that you don’t need to hire an attorney. The fact is, most studies show that unrepresented injured parties receive significantly lower settlements than injured parties that have hired a lawyer to represent them. The lawyer will know the full value of your claim, based on the legal damages allowable under the law applicable to the location where your injury occurred. Insurance companies know that a lawyer who documents the claim properly and makes the correct legal arguments to the insurance company on your behalf will almost always get you a better result than you would be able to get on your own. Second Secret Insurance Companies Don’t Want You To Know: The second secret Insurance Companies don’t want you to know is that you don’t have to, and in most cases should NOT settle your case right away. Many of the elements of damages in a personal injury case are not known at the beginning and until someone recovers fully from their injuries. This may take months or longer, and therefore it is impossible to know the full value of the case right away. Most automobile or slip and fall cases in Florida carry a 4-year statute of limitations. That means you have plenty of time to make sure you are aware of all your damages and if and when you will recover fully from your injuries before you settle your case. Once you sign a release, upon settlement, it is too late at that point to come back and recover more, even if the injuries get worse. Let the lawyer decide when it is time to settle. Third Secret Insurance Companies Don’t Want You To Know The third and final secret Insurance Companies don’t want you to know is that a good lawyer does make a difference. Once you are finished treating with your doctors and your lawyer presents an injury demand package to an insurance company in an attempt to settle your case without a lawsuit being filed, the more organized, thorough and well documented your demand package is, and the more knowledgeable your attorney is, the more likely the initial settlement offer will be higher. Ultimately this will likely result in more money in your pocket at the end of the case. Before you go it alone, think about what a personal injury lawyer could do to significantly increase the value of your case. The insurance companies already know this and that is why the hope you never hire a lawyer. Be safe and be smart. I hope you enjoyed this blog post which discusses 3 secrets insurance adjusters don't want you to know. You can find other informative blog posts by clicking here. If you or someone you love has suffered injuries in a Florida accident, contact the Law Offices of Robert Gluck. We handle various Florida personal injury claims such as those arising from motor vehicle accidents, medical malpractice, slip and falls, product liability, and wrongful death. Robert Gluck has been handling these cases since the early 1990s and will be happy to discuss your case with you. Just call him at 877-GluckLaw or email him at [email protected]
How to Prove the Seriousness of an Injury in a Personal Injury Case | Personal Injury Herniated Disc As a personal injury lawyer in Florida since 1989, many clients have asked me over the years how I go about proving the seriousness of an injury in a typical automobile accident or slip and fall injury claim. A common injury in these types of personal injury cases involves a herniated disc in the neck, mid-back or lower back area of the spine. Many times, an insurance adjuster for the large insurance companies, Allstate, Geico, State Farm, Farmers, Nationwide and U.S.A.A., just to name a few that I deal with regularly, will try to downplay a spinal injury as just being “whiplash” or a “soft tissue” injury only and therefore, nothing serious. Your lawyer needs to be well versed in the tools that can be used to persuade an insurance adjuster of the seriousness of your injuries, thus increasing significantly the value of your case. One of these tools is the use of diagnostic testing to objectively prove an injury. That way, an insurance adjuster does not have to rely solely on the truthfulness of the injured person but instead can see, if presented properly by the lawyer, how the objective diagnostic testing corroborates the patient’s subjective complaints of pain. When the science matches up perfectly with the complaints of the injured party, it is like two pieces of a puzzle that fit perfectly together. A Magnetic Resonance Imaging (MRI) machine is basically a group of large powerful magnets, radio waves and a computer that create images by evaluating, slice by slice, how much light passes through your body one thin layer at a time. The image created from this technology is much more reliable and in depth than a regular x-ray. A regular x-ray, by the way, is the typical diagnostic test performed in an emergency room after a crash or injury. The x-ray shows broken bones but cannot diagnose things such as disc injuries and other injuries to the spine. One of the things that we look for on an MRI, as a typical result of many collisions or falls, is the effect on these discs that make up the space between the vertebra in your spine. They are in your body to act as a “shock absorber” between the bones and on heavy impact they sometimes rupture, causing the material inside the disc to migrate to the adjoining tissues and nerves. When this extruded disc material touches or impinges upon the nerves in the spine, it could cause numbness, tingling or pain in the area of the rupture as well as possibly radiating into the extremities. Typically, if a disc is ruptured, also known as a herniated disc, it would cause symptoms following a particular nerve distribution pattern. As a lawyer, if I can “put the pieces of the puzzle” together for the insurance adjuster, I make their job easier and it results in the client obtaining a larger settlement. If I can show that the complaints are consistent with the same nerve distribution pattern as would be expected from a disc that herniates in a particular level of the spine, correlate that with the other medical testing, along with evidence of the extent of the impact on the vehicle, these are the pieces of the puzzle necessary to show an insurance adjuster why my client is entitled to a larger recovery. Using this approach, I just turned a very minimal Geico offer into a $100,000.00 settlement, by showing the adjuster how all the pieces of the puzzle fit together. In conclusion, I would say, after 32 years of settling cases with insurance companies, that every case is a puzzle waiting for an experienced lawyer to put the pieces together. If you have any questions about your situation or how to prove the seriousness of an injury in a personal injury case, call me any time to discuss it. I look forward to speaking with you. If you need immediate assistance from a lawyer that you can reach 24 hours a day, 7 days a week, call the Law Office of Robert E Gluck, P.A. right now. All of Robert’s clients receive his cell phone number so that they can reach him when they need him. Call or Contact our office with any questions you may have now at 954.583.8999. I am currently accepting cases throughout the State of Florida. Contact the South Florida law offices of personal injury attorney Robert Gluck by calling toll-free at 1-877-GLUCK-LAW or you can email me directly at [email protected]. Serving Broward, West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Why you should only let your lawyer speak to the Insurance Adjuster Often Insurance Adjusters attempt to discover any information that may show that your claim should be denied or that it should be worth less than what you are expecting. As a practicing trial lawyer in South Florida over the past 32 years, I have spoken with thousands of insurance adjusters regarding automobile accident cases, slip and fall cases and various other types of injury claims. Make no mistake, their job is not just to gather information that helps prove your claim, but to also attempt to discover any information that may show that your claim should be denied or that it should be worth less than what you are hoping for or expecting. Reporting the claim on your own, without the assistance of an attorney, or providing a statement of the details of the incident to the insurance adjuster without talking to a lawyer first, could be a huge mistake and one that may cost you tens of thousands of dollars in settlement value. I offer two examples of how this could happen. One involving an automobile accident claim and another involving a slip and fall or trip and fall incident while on someone else’s property. Don’t forget, below are just two examples. These types of pitfalls await you when you present any injury claim. Navigating around them is the reason you want a lawyer by your side. As my first example, if you were in a car accident where the other driver ran the red light, many insurance adjusters will still attempt to argue that even though it was mostly their driver’s fault, that you also are a small percentage responsible for not applying your brakes sooner or turning the wheel to avoid the collision. It does not matter who received a traffic ticket because Florida law allows this type of reduction in the value of the case, even if their driver received the citation and the police report states no improper driving on your part. In this example, if an insurance adjuster labels you 25% at fault, your case value just decreased by many thousands of dollars. In a slip and fall case, if you speak to the insurance adjuster after falling on a puddle of dirty water that had been there for hours, they may ask you if you were looking down at the ground or straight ahead as you were walking towards the spill on the ground. Either answer, if not responded to correctly, with a lawyer’s advice and preparation, could result in a significant percentage of fault attributable to you, even if they admit the floor had a dirty puddle that should have been cleaned up long before you arrived there as a customer. Comparing fault among all people in an accident under Florida law is called “Comparative Fault” and if you say the wrong thing to the insurance adjuster it could cost you tens of thousands of dollars in the total value of your case. Don’t make that mistake. Hire a lawyer right away to protect your rights. If you need immediate assistance from a lawyer that you can reach 24 hours a day, 7 days a week, call the Law Office of Robert E Gluck, P.A. right now. All of Robert’s clients receive his cell phone number so that they can reach him when they need him. Call or Contact our office with any questions you may have now at 954.583.8999. I am currently accepting cases throughout the State of Florida. Contact the South Florida law offices of personal injury attorney Robert Gluck by calling toll-free at 1-877-GLUCK-LAW or you can email me directly at [email protected]. Serving Broward, West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Attorney Robert Gluck. The hard part for Plantation attorney Robert E. Gluck was getting the jury to believe. When he entered the courtroom, Gluck had to sell a difficult premise: A case teetering on his ability to convince the jury that his client's hip and ankle injuries, which went undiagnosed for years despite medical treatment, were the result of an old traffic collision on Interstate 95. Gluck didn't expect an easy day in court. Opposing counsel was more confident. Its strategy turned on disputing causation and introducing multiple other explanations for the injuries in the years since the accident. Its best settlement offer was $100,000 — not nearly enough to cover years of medical expenses. "I'm glad they forced me to go to the trial," Gluck said. "We were willing to settle for $250,000 right before trial started." As it turned out, a Miami jury sided with Gluck and awarded his client $1.2 million. Gluck represented Sasha Madrigal, who was involved in a highway crash in February 2012 with Mitchell's Lawn Maintenance employee Jose Ernesto Mendoza. Madrigal claimed she was driving southbound in the express lane on Interstate 95 when Mendoza crashed into the car in front of him. The impact caused Mendoza's 2005 Ford F-150 pickup truck to careen past the plastic barriers dividing the main lanes from the express lanes, causing a collision with Madrigal's 1999 Honda CRV, according to the complaint. "That's everyone's worst nightmare, driving along in the express lanes and someone comes right over the barriers in front of you," Gluck said. Doctors initially diagnosed herniated disks in Madrigal's lower back — a common injury after the violent impact of a traffic collision. For years, they assumed a connection between the back injury and hip and foot pain Madrigal suffered until a magnetic resonance imaging scan revealed a ruptured tendon in her ankle and a hip labral tear. Madrigal medical bills mounted, passing $200,000 after two corrective surgeries. In court, defense attorney Lynn Bagley-Nader, Miami staff counsel for insurer Travelers, rebutted with arguments that Madrigal had suffered injuries unrelated to the crash in the years that followed the accident. For instance, Bagley-Nader argued Madrigal had reinjured her left ankle at the gym and needed a second ankle surgery. At trial, Gluck argued his client had no prior complaints of back, hip or ankle pain before the accident and the injuries were the direct result of the crash, despite the delayed diagnosis. He believes a sympathetic plaintiff helped him clinch the victory. Madrigal, a young mother of two, had a 3-year-old and a newborn at the time of the accident. On the day of the crash, she was headed to pick up her son from day care after registering for college classes. In the time it took the case to get to trial before Miami-Dade Circuit Judge Jose M. Rodriguez, her attorney said Madrigal juggled child care, college, three major surgeries and dozens of trigger-point injections as part of a pain-management regimen. The jury awarded $255,000 for past medical expense, $370,000 for future expenses and $575,000 for past and future pain and suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, or loss of capacity for the enjoyment of life. "It's so hard to get money from a jury these days, but when a client is working so hard to overcome her injuries, juries sometimes notice," Gluck said. "The jury saw it all. She kept going to school and trying to better herself for her kids. This client deserved this verdict … because of how hard she worked to overcome all the hardships." Original post Samantha Joseph, Daily Business ReviewSeptember 25, 2017
A veteran of the US Army went to the VA Medical Center near his home in Virginia where he was the victim of a botched surgery to repair a completely blocked carotid artery. During the procedure, the patient suffered a massive stroke and a surgery that should have lasted under an hour, lasted five hours. He spent 60 days in the hospital just to regain his speech and balance but unfortunately lost 90% of the use of his arm permanently. (video) The artery was not blocked and the surgery was unnecessary. What makes matters worse, what contributed to the stroke, his lawyers believe, was that the patient was told to stop taking aspirin a week before the surgery. Taking aspirin may have prevented the stroke. Now, because of this case, the VA now requires veterans to make sure they are taking aspirin and anti-platelet therapy medicines when undergoing the same procedure. Sometimes it takes a million-dollar settlement and a lawsuit like this to get institutions to change their policies and procedures. One case at a time, change can occur that benefits everyone. It is a shame it took a situation like this to do it, but future surgical candidates at the VA will now be that much safer. If you or a loved one believes a hospital or medical provider did smoothing wrong or failed to do something they should have, you may have a medical malpractice claim. Make sure you hire the right lawyer to review your case. Robert Gluck has been handling these cases since the early 1990s and will be happy to discuss your case with you. Just call him at 877-GluckLaw or email him at [email protected].
Florida is ranked among the top five states in illegal street (drag) racing of cars and motorcycles, according to the National Highway Traffic Safety Administration, resulting in injuries and deaths from crashes. Capt. Keith Gaston of the Florida Highway Patrol calls it a very dangerous crime, and the Florida Department of Motor Vehicles issues many citations each year. NBC-2 reported that on August 28, an 84 year old grandmother, a passenger in her granddaughter’s car, died after an accident on Immokalee and Livingston Roads in North Naples. Witnesses to the accident say the granddaughter’s car was hit by a Honda Civic which they believed was involved in drag racing. The Honda was driven by a 37 year old male who lost control of his vehicle. Investigators are looking into the possibility that the accident was drag-racing and/or alcohol-related. A young woman in the Tampa Bay area died in May as a result of a brain injury suffered after being struck by a racing vehicle while vacationing in Jacksonville. Witnesses to the accident reported seeing a Volkswagen Beetle (VW) striking the rear of the mother’s pickup truck when the VW was racing along the road. The pickup truck rolled several times before coming to a stop. If you are the subject of a motor vehicle accident, call Naples-area attorney Robert Gluck at 1-877-GLUCK-LAW for a free, no-obligation consultation where you can learn more about your potential case. You can also learn about Mr. Gluck on his website RobertGluck.com
In a stunning defeat for medical providers across the state of Florida, a divided Florida Supreme Court on Thursday sided with Allstate Insurance Company in a dispute about fees paid to care for victims of automobile accidents. The 4-3 ruling focused on the personal-injury protection insurance program and attempts by Allstate to pay providers under certain fee schedules from the dated Medicare program. The fee schedules involve limits on payments for services rendered. Medical providers challenged the archaic practice, arguing that insurance policies were “ambiguous” about whether Allstate would use the fee schedules to curtail reimbursements. The 4th District Court of Appeal, in a 2015 ruling that involved 32 similar and alike cases, backed the providers. But the majority of the Supreme Court overturned that prior decision last month, finding that Allstate’s policies provided “legally sufficient notice” that the insurer would use the Medicare fee schedules. The unanticipated 15-page decision, written by Justice Charles Canady and joined three other Justices, provided a detailed analysis of the policy wording and the personal-injury protection, or PIP, law. Providers are not limited by the medicare fee schedules promulgated a long time ago and Allstate must pay according to those schedules. The complete article on this subject matter can be located at http://miami.cbslocal.com/2017/01/26/supreme-court-backs-insurer-on-pip-medical-fees/. For more information on Florida personal injury litigation, please click on www.robertgluck.com/personal-injury.html. Mr. Gluck can also be reached toll free at 1-877-GLUCK-LAW.
Opposition is mounting in the business community to proposed legislation that is being considered by the Florida legislature that would require Florida courts to include prejudgement interest in any final lawsuit award. As it stands now, in all personal injury cases in Florida, a jury will award an amount of damages, and then interest will be added by the Court in its final judgment until the amount of damages payment is made in full. Senate Bill 334, introduced by state Sen. Greg Steube (R-Sarasota), will require a court to include prejudgement interest in an award from which the plaintiff recovers both monetary and non-monetary damages. It also requires a court to include that same interest on attorney fees and costs. The proposed legislation will effectively mean juries and courts would calculate, and add, all interest from the time of the loss. For more information on this, please see click here. For details on how you can preserve your personal injury rights check out http://www.robertgluck.com/personal-injury.html. You may also call the office directly, toll-free at 1-877-GLUCK-LAW.