Debunking Some Common Myths About Slip And Fall Injury Cases
Slip and fall accidents happen all the time. According to the NFSI, slip and fall accidents are to blame for over a million emergency room visits. A slip and fall accident can happen anywhere, but the result is usually the same. Often, victims of slip and fall accidents sustain severe injuries and significant damages.
One of the main reasons slip and fall accidents occur is negligence. In Florida, negligent parties can be held responsible in a slip and fall injury case. A person who suffers injuries in Florida in a slip and fall accident due to another party’s negligence can recover compensation for their injuries and damages.
Unfortunately, many people who suffer injuries in slip and fall accidents do not try to recover compensation. One reason for this is the many myths surrounding slip and fall injury cases. Below we debunk some of the most prevalent myths about slip and fall injury cases.
Myth #1: You Cannot File a Claim if You Slipped and Fell on Public Property
Some people believe that if you slip and fall on public property, you cannot file a claim and recover compensation because there are no liable parties. This is not true. Some public spaces are owned by private parties. And those public spaces that aren’t owned by private parties are owned by the government. So after slipping and falling on public property, you can hold a private party or the government liable.
However, it is crucial to note that you must follow some special rules when suing the government. For instance, the time limit for suing the government is different from the time limit for suing a private party. Also, before you can sue the government, you must provide a notice of claim. Because of these reasons, it is best to retain an attorney after slipping and falling on public property.
Myth #2: You Cannot Recover Compensation if You Were Partially at Fault
Even if a victim is partially to blame for their slip and fall accident, they can still file a claim and recover compensation for their injuries and damages. Florida is not a contributory negligence state. States that follow the contributory negligence principle do not allow slip and fall accident victims to recover compensation from other negligent parties if they were also negligent. Florida is a pure comparative negligence state. This means that in Florida, you can recover compensation in a slip and fall injury case even if you were 99% to blame for your accident. Nevertheless, if you were partially to blame for your slip and fall accident, your damages would be reduced according to your percentage of fault.
Suppose you were 51% to blame for your Florida slip and fall accident case, and your damages are worth $60,000. In this case, the amount of compensation you receive will be reduced by 51%, and you will recover a maximum of $29,400.
Myth #3: You Can Only Recover Compensation for Your Physical Injuries
It is not true that you can only recover compensation for your physical injuries in a Florida slip and fall injury case. You can also recover compensation for psychological and emotional injuries. Some examples of emotional and psychological injuries that you can be compensated for in your Florida slip and fall injury case are PTSD, anxiety, and depression.
In Florida, you can also recover punitive damages. However, these damages are only awarded in limited circumstances. According to Florida Statute 768.72, a victim of a slip and fall accident can only recover punitive damages if it can be shown that the defendant is guilty of gross negligence or intentional misconduct.
Myth #4: You Cannot Recover Damages if the Defendant Did Not Have Notice of the Dangerous Condition
It is understandable why many people believe that if the property owner did not have notice of the dangerous condition, they cannot file a claim and recover compensation. However, this is also not true. You might have a legitimate claim even if the defendant did not have notice of the dangerous condition that led to your accident. In most slip and fall accident cases, it is enough if the property owner should have known about the hazardous condition.
However, it can be hard to prove that the owner should have known about the dangerous condition. For this reason, working with an attorney is highly advisable. A slip & fall attorney can help you gather evidence that can show the property owner should have known about the dangerous condition.
Contact Us for Legal Help
Have you suffered severe injuries in a Florida slip and fall accident due to the negligence of another party? Do you need help recovering the maximum possible compensation? Contact our Fort Myers slip & fall attorneys at The Law Offices of Marc L. Shapiro.