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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

How Do You Prove Premises Liability?

Frequently Asked Questions - How Do You Prove Premises Liability?

A premises liability claim can sometimes be much trickier to prove than an auto accident claim.  Luckily we live in an age where there are surveillance cameras almost everywhere.  This can be the best evidence to have on your side during a premises liability claim but not everyone remembers to ask for this information after they are involved in a premises liability accident.  If you do ask for a copy of the video footage and you are denied, the first thing you should do is hire an experienced personal injury attorney who knows how to handle these types of claims and knows what to do and say when it comes to the insurance companies.  The first thing your attorney will do is send a certified letter to the premises where you were injured, informing them that they must retain all video footage of the accident, which is know as a preservation of evidence.  Video footage is the number one piece of evidence that jurors will observe if your claim is taken to trial.  If the video footage is not preserved and the owner of the location where you were injured has been officially placed on notice of the preservation of evidence this can be detrimental to their defense case and your attorney can use that as leverage when it comes to winning your case.  If you can prove through video surveillance that the premises is clearly at fault for your accident, you have a much higher chance of settling your claim opposed to having to file a lawsuit to fight the insurance company.

Witnesses to your injury are an excellent way to prove your claim.  If you are injured and someone sees the accident happen or helps you after the fact, you should always remember to get that person’s name and contact information for later use.  If you hire a personal injury attorney to assist you with your claim, the attorney will contact the witness and explain that they are an important part of your claim and will ask them to provide a written or recorded statement.  If that witness confirms your account of the accident, they will become a crucial part of your claim in proving liability.  It is important to get a statement from the witness up front in case you or your attorney is unable to contact them again for future use.  This statement, whether written or recorded, can be submitted to the insurance company as proof of how the accident occurred.  The insurance company will only take a witness statement credibly if the witness has no affiliation with you.  If the witness is a friend or family member, the insurance company usually refuses to entertain their account of the accident.  A store or premises employee of where you fell can also be a good witness for you if they choose to share an accurate account of the accident.  If the employee refuses to give a statement or sides with the premises in that they are not at fault, this would not be a good witness to have on your side.

Some people believe that just because you are injured in a store or premises, that it is automatically the fault of the employees where you fell.  If you trip over your own feet or lose your balance, this is considered your own fault as the employees did nothing wrong.  If you trip over a folded mat, slip on water on the ground or slip on a grape for example, this can be construed as the fault of the premises but not always.  The employees of the premises where you fell must have had notice of the dangerous object or area or a sufficient amount of time must have passed since the danger occurred in order to have failed to remedy the situation.  If someone drops a grape in front of you and you immediately slip on it, the employees did not have sufficient notice of the danger and did not have time to clean it up.  If someone slips on a puddle of water and the surveillance video shows the water had been there for a significant amount of time or an employee had been in the immediate area where the danger was, then the premises can be held accountable as they had plenty of time to clean up the water and prevent a dangerous situation from occurring.

Insurance companies never accept liability in a premises liability claim.  They will monitor your claim through updates from your attorneys office and then once you are finished with all of your medical treatment, your attorney will present your claim to the insurance company through a demand package.  A demand package summarizes how the accident happened, your injuries, medical treatment, and any future medical treatment you may require.  If the insurance company denies your claim or makes a settlement offer which you or your attorney believes is much less than what your claim is worth, your attorney may suggest you file a lawsuit against the insurance company.  Your attorney will never suggest filing a lawsuit if they do not believe your case is strong enough to win.

If you file a lawsuit, you will be required to provide all your evidence to the defense attorney who will be retained by the insurance company to defend their interest in your claim.   The defense attorney will depose you and any witnesses to the accident and ask you and your witnesses questions as to your account of the accident.  If you or your witness or witnesses give an excellent accounting of how your accident happened and are adamant the employees failed in their duties, the defense attorney may decide that it is better to go ahead and settle your claim at that point rather than take the claim all the way to trial.  If you settle your claim at this point, the insurance company will still not accept liability, they will simply state that they are settling your claim in good faith and usually will require you to sign a non-disclosure agreement upon settlement.  If you must proceed to trial, a jury will decide if they find you and your claim credible and will decide collectively how much to award you for your settlement.

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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.
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It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801

Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602

Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108

Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912

Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

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250 N Orange Ave, 14th Floor
Orlando, FL 32801
(407) 300-0000

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The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.