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The following is an expert answer given bySlip And Fall CaseLawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet: Question: I fell on a floor in the hospital while taking care of my brother. I hurt my back and knee pretty badly, but I did not go to the ER at that hospital till the following day. They took a bunch of x-rays and said nothing was broken, then referred me to see a back specialist. Is this worth pursuing anymore? I can walk and do not have too much pain except for when my back has a spasm. There was definitely something wet on the floor when I slipped. Answer: The answer to your question is that you may have a claim. It depends on the State you live in, and laws that may apply to your claim. I am an attorney in Florida specializing in car accident, slip and fall (premises liability) and workers comp claims. Laws vary from state to state so the law in Florida may be different than your state. In Florida, you probably have a claim, but you should consult with an experienced personal injury lawyer in your area to find out what laws may apply to your claim. Your email is not really specific as to how your fall occurred other than the floor was wet. Keep in mind, at least in Florida, just because a person falls at a business, it does not automatically mean the business owner is responsible for injuries which result from the fall. You have to be able to prove that the business owner knew or should have known of the dangerous condition that caused the fall, i.e. the wetness on the floor was near a hospital employee, the wetness was dirty so as to indicate it had been on the floor for a long time, a leaking roof allowing water to drip onto the floor, etc. Generally, a business such as a hospital only 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. In Florida, a slip and fall case is evaluated based upon the degree of liability that exists against the business, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida. From what you have described, your injuries sound significant enough to pursue a claims against the Hospital. The best advice I can give you is to speak with an attorney in your area that specializes in premises liability claims, i.e. slip and falls. 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. Maybe this is not the first time an accident like yours has happened at this hospital, or maybe the hospital has a pattern of leaving many dangerous conditions on the premises which have resulted in many claims for injuries being made against it. If its a large hospital such as some of the ones in Florida, you can almost guarantee that there have been other slip and fall case claims made against it for claims like yours. You should contact an attorney soon. There are many steps your attorney should take now, i.e. notify the insurance company for the hospital, find out what types of coverage are available, preserve and obtain witness statements, obtain medical records, get photographs of any visible signs of injury, etc. 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 viableslip and fall case. If you claim occurred in Florida, I would appreciate the opportunity to speak with you about your options. For more information about yourslip and fall case,contact Florida premises liability lawyer , Joseph M. Maus at 1-866-556-5529, visit his website at , or email him today.
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