Kibbey Wagner Injury & Car Accident Lawyers Stuart | March 21, 2024 | Personal Injury
If you have been injured at a business establishment, you could be entitled to financial compensation through a personal injury claim. When accidents happen at business establishments due to negligence by the owner or staff, the accident victim must follow several key steps to hold the business responsible.
One site of accidents and injuries in Stuart, FL, is the Florida Oceanographic Coastal Center. The volume of tourists passing through increases the likelihood of mishaps, slips and falls, and other incidents that can cause personal injury. If you or a loved one was injured at the Florida Oceanographic Coastal Center, contact a Stuart, Florida, personal injury lawyer to review your claim and fight for fair financial compensation.
First Steps After an Injury at the Florida Oceanographic Coastal Center
The first thing to do after being injured at a business establishment is not to aggravate the injury any further and seek medical attention. Document what happened by contacting a manager and asking to have an incident report done. If you have a smartphone or camera handy, take pictures of the spot where you were injured. If you fall on a hazardous surface or object, make sure to get photo evidence before the hazard is swept away. If people witnessed your fall or accident, try to get their names and contact information whenever possible.
Your next step is to contact a Stuart personal injury lawyer with experience going up against businesses and their insurance companies. If you were injured at the Florida Oceanographic Coastal Center, you can rest assured they will immediately contact their own legal counsel and insurer in the event of an incident.
As soon as possible, you should also seek medical treatment for your injuries. Getting proper medical help is crucial not only for your recovery but for proving damages in a personal injury case.
A Lawyer Can Help You Negotiate a Settlement
An experienced personal injury lawyer can gather evidence, develop your case strategy, and present your claim in a way that is convincing to the business, their attorneys, and their insurance company. Attempting to do this on your own is usually met with denials or minimizations of your potential claim.
The first step of your claim will involve settlement negotiations with the company and its legal team. Skilled personal injury lawyers have handled hundreds if not thousands of settlement negotiations in these situations and know how to get the most out of their client’s claims. Having an attorney on your side helps put you on even ground with business owners and insurance companies.
Filing a Personal Injury Lawsuit
If settlement negotiations fail and the other side will not pay what you fairly deserve for your injuries, a personal injury lawyer will file a lawsuit on your behalf. Often, at a business establishment such as the Florida Oceanographic Coastal Center, the lawsuit will involve the legal theory known as premises liability.
Under Florida premises liability law, a business owner can be held liable if a person slips and falls at their establishment and:
- The business owner had actual or constructive knowledge of the dangerous condition, and
- They should have taken action to fix the dangerous condition.
In this scenario, “constructive knowledge” means the condition occurred with regularity (such as a spot where water commonly pools up during the day) or that the dangerous condition existed for long enough that a reasonable business owner should have known about it.
In a personal injury lawsuit against a business establishment, the plaintiff must show:
- That the defendant had a duty of care to its patrons and their safety;
- That the defendant breached their duty of care by some act or failure to act;
- That there was a causal connection between the defendant’s actions and the plaintiff’s injuries; and
- That the plaintiff suffered damages such as injuries, medical bills, lost wages, disability, or pain and suffering.
A Florida personal injury lawyer will gather and evaluate evidence to advance your claim through the legal process. This process includes filing the lawsuit, participating in discovery and obtaining key evidence from the other side, filing and responding to motions, and ultimately going to trial if there is no settlement. If your case goes to trial, you want the best legal representation you can find in the Stuart, FL, area.
A Personal Injury Attorney Can Help if You Were Injured at the Florida Oceanographic Coastal Center
A Florida personal injury attorney with valuable experience fighting to get the most for injured clients in premises liability cases involving businesses can help you navigate this process.
For more information, please contact the Stuart personal injury law firm of KW Stuart Personal Injury & Car Accident Lawyers to schedule a free consultation today.
We proudly serve Martin County and its surrounding areas in Florida:
KW Stuart Personal Injury & Car Accident Lawyers – Stuart
73 SW Flagler Ave
Stuart, FL 34994
(772) 444-7000