Most slip and fall victims in Florida have up to two years to sue the property owner or another liable party responsible for their fall and injuries. However, there are many tasks to complete before filing a lawsuit, so it is best to get started earlier.
Continue reading to learn answers to many frequently asked questions (FAQs) about Florida fall injuries. If you have additional questions unique to your case or are ready to get started, don’t hesitate to reach out. If you need help, just ask Dave!
Deadlines for Florida Slip and Fall Lawsuits
Every state has a deadline for beginning personal injury lawsuits, generally varying from one to three years. Florida used to have one of the longest statutes of limitations in the country, but that recently changed when HB 837/SB236 became law on March 24, 2023.
Today, most injury victims only have two years from the date their injuries occurred to file the initial paperwork to start a lawsuit. Fla. Stat. § 95.11 generally sets a two-year deadline on these cases. Wrongful death cases have two years from the date of death.
Some exceptions exist, but these could mean you need to act more quickly or that you have longer. The best way to ensure you meet the deadlines in your slip and fall case is to discuss your options with a Lakeland personal injury lawyer as soon as possible after your fall.
Other Reasons To Get Started On Your Florida Slip and Fall Case Quickly
When a fall victim enlists the help of a premises liability lawyer, they must navigate many steps before it is time to sue the at-fault party. This includes:
- Protecting your rights
- Gathering evidence
- Identifying the liable party or parties
- Valuing your case
- Negotiating with the insurance carrier for a fair settlement
- Preparing the paperwork for the lawsuit
While having extra time to perform these tasks is beneficial, the first two are very time-sensitive. You want your attorney on your side as soon as possible after a fall because they can protect your rights from the start and gather additional evidence that might not be available later.
The insurance carrier and at-fault party will not want to pay you what you deserve based on the injuries, expenses, and losses you endured. When you have an experienced slip and fall attorney, they take care of this, and you do not have to worry about it. They manage all communication with these parties, preventing them from using tactics to reduce the value of your case.
Some key evidence only lasts hours or days following a fall. The property owner could have the hazard cleared before first responders arrive. Eyewitnesses might forget the details of what they saw. Surveillance video rarely lasts more than ten days or two weeks. The sooner a law firm begins preserving evidence, the stronger your case. This makes enlisting their help early paramount to your case outcome.
Recoverable Damages in a Florida Fall Injury Case
The goal of a Florida slip and fall lawsuit is to hold the at-fault party accountable and recover fair compensation to cover your related expenses and losses. Each case varies widely when it comes to value and types of damages recoverable. Some common examples include:
- Medical bills for injuries, current and future
- Income lost because of the fall and injuries
- Reduced earning ability due to permanent injuries
- Miscellaneous expenses with receipts
- Pain and suffering losses
When serious injuries occur, victims can pass away from fall injuries. If this happened to your loved one, a Florida wrongful death attorney can help. These cases work in much the same way as personal injury cases. You must show negligence and liability, identify the liable party, and seek compensation from them or their insurance company.
However, the rules around how you proceed with these lawsuits are different. Florida restricts the plaintiff in these cases to the victim’s estate executor, known as their “personal representative.” In addition, the types of recoverable damages are different.
You can learn more during a free consultation with a wrongful death law firm.
How a Florida Slip and Fall Lawyer Can Help With Your Case
Hiring a Florida slip and fall lawyer to manage your premises liability case allows you to focus on healing from your injuries and getting back to your previous activities. A lawyer who handles these cases regularly will know how to identify the liable party, build a case, and pursue compensation for you.
Identifying the liable party in these cases requires determining who is responsible for keeping the grounds or structure where the injury occurred free from hazards. This is often the property owner, although a lessee or another party might be legally liable under some circumstances.
Our lawyers gather evidence to determine what happened, who is liable, and how much the injury cost you. We use this evidence to support a claim and attempt to negotiate a fair settlement with the liable party and their insurance carrier. The possible outcomes of this include:
- We reach a fair settlement, and you sign a settlement agreement
- We go to mediation, arbitration, or attempt to settle the case through other methods
- We sue the liable party or parties and prepare the case for trial
When we sue and take a slip and fall case to trial in Florida, we ask the jury to award fair compensation based on the expenses and losses our client experienced. This often allows us to recover money for our client’s damages through this process.
Contact Dismuke Law About Your Slip and Fall Case: Ask Dave!
At Dismuke Law, we provide free consultations for fall injury victims across Central Florida. We want to ensure you understand your rights and options. If you have questions, it’s time to ask Dave!
Contact us today to get started.
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