Apopka Slip and Fall Attorney
Hit 7’s After an AccidentCall 407-777-7777
How do I Establish a Claim?
The victim/plaintiff always has the burden of proof in negligence cases. As mentioned, we collect evidence that satisfies this burden of proof. But evidence of causation and injury is not enough. The victim/plaintiff must also establish a breach of legal duty. That duty varies according to the victim’s classification:
- Invitees: Most victims have permission to be on the land and their presence conveys an economic or noneconomic benefit on the owner. In these cases, owners have a duty of reasonable care. They must ensure that the property has no dangerous defects and they must frequently inspect the property.
- Licensees: Someone like a guest of an apartment tenant is a licensee. These individuals have permission to be on the land but the owner receives no benefit. As a result, the legal duty is lower. Generally in these cases, owners must only warn licensees about latent (hidden) defects.
- Trespassers: These people have no permission to be on the land and convey no benefit on the owner. Therefore, the owner essentially has no legal duty in these situations.
There are a few exceptions. For example, in some cases, landowners are responsible for damages if certain trespassers accidentally wander onto their land and are injured. However, Florida lawmakers have significantly curtailed the frequent trespasser rule.
Additionally, victim/plaintiffs must also prove that the landowner knew or should have known about the injury-causing condition. Circumstantial evidence is admissible on this point.
When you hire me I will be responsive and attentive to your calls and questions. I will return phone calls and be in my office when you need me. I do not golf nor do I take much time off. I am not a trust fund baby. My parents are not doctors and lawyers. They were hard working middle class people before they both passed away while I was in law school over 10 years ago. I am a nice generous person that will treat you with respect. I am married and a father of two young children. When I am not spending time with my family I will be in my office working ON YOUR CASE. You are my client but you are also my employer – I WORK FOR YOU and will work as hard as possible to make you feel I will be your go to lawyer for the rest of your life.LEARN MORE
What Can I Expect From a Settlement?
At The Benenati Law Firm, we understand that accidents can happen to anyone at any time and can change lives forever.
In general, victims are entitled to compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Medical bills are usually the largest component of economic damages. In many cases, a serious injury may trigger over a hundred thousand dollars in medical expenses. The insurance company is liable for all such expenses, from the first moment of ER care to the last day of physical therapy. Furthermore, at the Benenati Law Firm, we have a very good relationship with most medical providers in Orange County. So, we can usually negotiate and obtain lower fees. That means victims get to keep more of their settlement money.
Damages for things like pain and suffering are a bit more difficult to calculate. We usually use a multiplier method. For example, in a serious slip-and-fall case with strong evidence, we might demand five times the medical expenses for pain and suffering. In other cases, the demand might be lower.
Most personal injury cases settle out of court. In many cases, we are able to settle cases on favorable terms without even filing legal paperwork.
Work With a Tenacious Lawyer
Most slip and fall cases involve complex legal issues. For a free consultation with an experienced personal injury attorney in Apopka, contact the Benenati Law Firm. We do not charge upfront legal fees in negligence cases.
Hit 7’s After an Accident
The Benenati Law Firm serves personal injury clients, as well as those going through the bankruptcy process. Our practice areas include:
Do Not Settle For Less
Our oath to you is handling your case from start to finish effectively, competently, and aggressively. Why settle for less than you deserve at a huge law firm. Our goal is not to be the biggest but instead the best. We will work on achieving that every day and with every case we take on. We have Offices in Orlando, and Kissimmee for your convenience but if you prefer we come to you, we will do so; not with an “investigator,” but with an Attorney at your home. Allow us the opportunity to give you the
Representation for injuries including:
- Personal Injury
- Car Accidents
- Wrongful Death
- Amusement Park Accidents
- Workers’ Compensation
personal attention you deserve in your case. This is not assembly line justice. You deserve better.
You were involved in an accident. You are suffering and injured and you want someone to pay for that suffering. That is why you are looking for a personal injury lawyer. Too many times, someone hires a large law firm and gets lost in the shuffle. That will not happen in our firm. Do not let it happen to you.
Whether you have suffered a serious injury because of another’s negligence, or you are suffocating under mountains of debt, a consultation with the Benenati Law Firm may prove to be extremely advantageous. We encourage you to call our offices today at 407-777-7777, or fill out our online form to request your free, no-obligation, and completely confidential case consultation. If you are unable to travel to our location during our office hours, we offer after-hours and home visits for your convenience, too.
Hit 7’s After an Accident
We Have The Awards
The Benenati Law Firm has received numerous awards and recognitions over the years for our legal services. These include, but are not limited to, recognition from Avvo, Super Lawyers, Florida Legal Elite, and The National Advocates Top Lawyers.
Don't Just Take Our Word for It
“The Benenati law firm makes you believe that you are the single most important PERSON (not case) to them. Throughout the entire process, they maintained weekly contact with me, asking how I was doing or if I needed anything. I was provided with frequent updates as to how my case was progressing and was pleasantly surprised with the speed at which they were able to reach a substantial settlement. I've had the unfortunate experience of dealing with other well-known personal injury attorneys in Orlando who were unable to provide the level of expertise, care and service that Walter Benenati and his team can!”
“I would like to thank the Benenati Law Firm for helping to take the stress out of dealing with the insurance company and for everyone being very professional and always available to take my calls. The speed of the case being closed exceeded my expectations and any future needs I will definitely be contacting them.”
“My experience with the Benenati Law Firm in Orlando was a great experience. They helped right away after a heartbreaking experience at another law firm. THEY MADE MORE PROGRESS IN MY CASE IN TWO MONTHS THAN 2 YEARS WITH MY FORMER LAW FIRM. I am so grateful.”