If you suffered a slip and fall accident in Palm Bay, FL, due to someone else’s fault, you have the legal right to sue the at-fault party for their negligence or wrongdoing. To recover compensation, you would have to file a personal injury claim and prove that the defendant owed a duty of care to you and this duty was breached, resulting in your injuries. As a victim of a slip and fall accident, you can be eligible for economic expenses, such as lost income and medical bills, and non-economic expenses, such as pain and suffering.
Understanding Slip and Fall Cases
A slip and fall case is a premises liability claim where the plaintiff aims to prove that the defendant’s negligence or wrongdoing led to their injuries. A slip and fall accident can happen anywhere, including hotels, shops, restaurants, or parking garages.
According to Florida Law, property owners or occupants are responsible for providing a reasonably safe environment to guests or to warn them about safety hazards on site. For example, if the property owner or manager did not warn guests about a wet floor and they suffered a slip and fall accident, then the property owner could be held liable for their damages.
When the Property Owner Is At Fault for Your Slip and Fall
Determining liability for a slip and fall accident can be complex. While you may think that the property owner or occupant is responsible for the accident, that is not always the case. For example, the property owner is not responsible for slip and fall accidents caused by open and obvious hazards that you should have noticed and avoided. Similarly, they may not be held liable if they can prove they had no knowledge of the hazard or didn’t have enough time to fix the issue or warn guests about the potential safety hazard.
However, many slip and fall accidents are the fault of the property owner or occupant. The most common reasons are failure to maintain their property, building code violations, and failure to warn of hazards. Even a simple mistake such as not removing snow from a walkway or insufficient lighting in certain areas can result in life-altering injuries for others. Some cases of slip and fall accidents are a result of defective conditions such as broken steps or railings. While the property owner might have gotten used to this safety hazard and can easily avoid getting hurt, guests on the property could be vulnerable to accidents.
Statute of Limitations in Palm Bay Slip and Fall Cases
The statute of limitations for all personal injury cases, including slip and fall cases, is four years. This means that you have four years from the date you get injured or when you realize you got injured to initiate a lawsuit against the opposing party. Slip and fall accident victims should be aware of this timeline and take timely action to protect their rights.
If you miss the deadline to file a slip and fall claim, you may lose your right to seek compensation for your suffering. It is also advisable that you don’t get too close to the deadline as any unforeseeable event can cause a delay that could cause you to miss the deadline. While the statute of limitations is strictly enforced in Florida, there are some legal exceptions. For example, if the injured individual is a minor or has a disability, the statute of limitations can be extended or tolled.
Expenses You May be Able to Recover in Your Slip and Fall Claim
Generally, you can claim all expenses that directly resulted from your slip and fall accident. This includes medical expenses such as doctor’s visits, medication, hospital stays, surgery, etc. If the injury resulted in lost wages or loss of earning potential, you can also claim that in your claim. Property damage can also be included in the claim. Non-economic damages, such as pain and suffering, are also common in slip and fall claims. If you want to get maximum compensation, you should be thorough in your claim, as you will need to prove all the expenses to recover compensation.
Steps to Take After a Slip and Fall Accident
If you suffered a slip and fall accident, your top priority should be to get medical treatment for any injuries that you may have suffered. Slip and fall injuries might take some time to become evident. After you have reached a stable condition, it is time to start thinking about what caused the accident, and how you can recover compensation. If possible, you should take photos or videos of the accident scene and collect witnesses’ contact information. Write down all the details, including what happened as you might eventually forget. You need to get in touch with a personal injury lawyer as soon as possible so they can guide you on the legal steps to recover compensation.
FAQs
How Do You Win A Slip And Fall Case In Florida?
To win a slip and fall case in Florida requires you to have solid evidence that the opposing party did not fulfill their duty of care toward you and that directly resulted in your getting hurt. You can maximize your chances of winning the case by hiring an experienced slip and fall attorney who is well-versed in Florida personal injury law. Along with legal guidance, the attorney can help you gather evidence to strengthen your case.
What Evidence Can be Used in Palm Bay Slip and Fall Cases?
The most commonly used evidence in slip and fall cases include witness testimony, video surveillance, and incident reports for the accident. However, each slip and fall case is unique as fall accidents occur due to different reasons, so you should use evidence that is relevant to your case. For example, you may not have any witness or video surveillance of your slip and fall accident.
You may need to rely on taking photos of the accident and using medical records to prove that your injury was a result of the premises hazard. Consult an attorney to determine what evidence is admissible in your slip and fall case and how you can gather more evidence to support your case.
How Long Does It Take To Settle A Slip And Fall Case In Florida?
There are several advantages to settling a slip and fall case, including faster resolution to the dispute. While settling a slip and fall case is typically quicker than going to trial, the settlement process can also take time. It requires time to investigate the case, gather evidence, present your claim, and negotiate with the opposing party. All this can take weeks, months, or years.
You will have to consult with a slip and fall lawyer who can assess the details of your case and guide you on what timeline to expect for a settlement. Also, keep in mind that there is no guarantee that you will be able to settle the case, so you need to be mindful that the case can go to trial if there is no agreement between the disputing parties.
Benefits of Hiring an Attorney in Palm Bay, FL
Unaddressed hazards or unsafe conditions can easily create a dangerous environment for somebody to slip and fall. Even a minor fall can result in life-altering injuries such as traumatic brain injuries. If you or your loved one suffers such a fate, you have the right to protect your rights by seeking compensation for your losses. Personal injury lawyers are well-versed in laws related to slip and fall incidents and premises liability accidents. They can help you navigate the legal steps of recovering compensation.
At 1-800-Injured, we can help you find the right attorney who is experienced in Florida laws concerning slip and fall cases. When you work with an experienced Palm Bay slip and fall lawyer, you can have peace of mind knowing that your attorney will leave no stone unturned to get you justice. While they prepare your case, you can focus on recovering or helping your loved one heal from the accident.
Personal injury attorneys can help you in all legal aspects of the case, including compiling evidence, negotiating with the insurance company, facilitating mediation for a settlement out of court, and, if needed, representing you in a trial. Injury victims can learn more about how we can help them in a slip and fall case, or other types of cases, such as motor vehicle accidents, by contacting us at 1-800-Injured.
Disclaimer: 1-800-Injured is an attorney and medical referral service.