When most people slip, trip, or fall in public, their first instinct isn’t “lawsuit.” It’s usually embarrassment. You want to dust yourself off, look around to see if anyone saw you, and get out of there as fast as possible.
But a few hours (or days) later, when the adrenaline wears off and the real pain sets in, the reality hits. You’re hurt. Maybe you can’t drive to work. Maybe you need surgery. And suddenly, you’re wondering: Who is going to pay for all of this?
Here is the good news: You typically aren’t suing the nice manager at the grocery store or your neighbor personally. You are going after their insurance company. And those policies are much bigger than you might guess.
The “Deep Pockets” of Commercial Insurance
Most people don’t realize that commercial property owners like supermarkets, malls, hotels, and apartment complexes carry massive liability insurance policies.
This isn’t like a standard car insurance policy with a $10,000 limit. These are commercial policies designed to protect businesses from lawsuits just like yours.
- Standard Commercial Policies: It is not uncommon for a typical business in Miami to carry a liability policy starting at $1,000,000.00.
- Umbrella Policies: Larger entities (like hotel chains or big-box stores) often have “umbrella” or excess coverage that can extend that limit to $5,000,000.00 or even more.
This means the money is there to compensate you if you can prove your case.
How Do You Qualify for “Substantial” Compensation?
So, how do you move your case from a small settlement to a substantial payout? It comes down to proving how the fall has impacted your life long-term.
Insurance adjusters use a calculator, not their hearts. To get them to open up those million-dollar policies, we focus on these key drivers:
- The “Multiplier” Effect
We look at your “hard costs” (medical bills) and apply a multiplier to calculate your pain and suffering.
- Example: If you have $50,000 in medical bills, but you also suffered a permanent limp or chronic back pain, we argue that your pain is worth 3x or 4x your bills. That $50k claim suddenly becomes a $200k+ demand.
- Loss of Earning Capacity
If your fall caused a back injury that prevents you from doing your job, you are entitled to the money you would have earned. This is crucial for people like nurses who can no longer lift patients or construction workers who can’t climb ladders.
- Surgery vs. Soft Tissue
In the eyes of an insurance company, a “soft tissue” injury (like a sprain) is worth less than a fracture or an injury requiring surgery. If your doctor recommends surgery, it validates the severity of your claim and drastically increases the potential settlement value.
Where Does the Money Come From?
In almost every successful slip and fall case, the check comes from:
- General Liability Insurance: This is the first line of defense for businesses.
- Commercial Umbrella Insurance: This kicks in when the damages exceed the first policy’s limits (common in catastrophic injury cases).
- Property Management Liability: Sometimes the fault lies with the cleaning crew or maintenance company, who have their own separate insurance policies.
You Have to Act Fast
Florida laws have changed recently, and they are stricter than before. The statute of limitations (the time you have to sue) has been shortened, and if you are found to be more than 50% at fault for your own fall (like looking at your phone), you might get zero.
The insurance adjusters know the law better than you do, but they don’t know it better than we do.
At the Law Offices of Jose M. Francisco, we know exactly where to look for coverage. We find the policies, we prove the negligence, and we fight to get you the maximum payout available.
Call us today for a free consultation. We can look at your case and tell you exactly what kind of insurance coverage we may be able to target.
Additional Information:
Protect Yourself After a Slip and Fall in Miami
Understanding Slip and Fall Cases
Understanding Slip and Fall Injuries and Finding a Slip and Fall Lawyer in Hialeah
What’s the First Thing You Should Do After a Slip and Fall?
Why You Need a Slip and Fall Lawyer After a Supermarket Fall