FAQs About Florida Slip And Fall Claims
Falls are among the leading causes of unintentional injuries in the U.S. Every year, millions of people are treated in hospital emergency rooms for fall injuries. Falls alone result in more than one million hospital ER visits. Fortunately, in Florida, if you suffer injuries in a slip and fall accident because of another party’s negligence, you can file a claim against the negligent party and recover compensation.
As is with any other legal issue, people always have questions about slip and fall claims. If you recently suffered injuries in a Florida slip and fall accident, you probably have many questions. To help you understand Florida slip and fall claims better, we have put together some frequently asked questions in this article.
Who is responsible for my slip and fall injuries?
This will vary depending on the specifics of the case. But often, the property owner is to blame. And this can be property owners of private or public property. The following are some other parties who can be responsible for slip and fall injuries;
- Cleaning/maintenance company
- Construction company
A qualified slip and fall attorney can assess the specifics of your case and tell you who is responsible for your injuries. Sometimes, more than one party is to blame for slip and fall injuries.
How long do I have to file a Florida slip and fall claim?
You do not have unlimited time to file a slip and fall claim in Florida. You have four years from the date of your accident to a lawsuit. However, there are some exceptions to this general rule. For instance, if your injuries were not immediately apparent after your accident, the 4-year period may not start until you discover or should have discovered your injuries. This is why it is critical to have legal representation.
Please also note that time may be reduced when a case involves a government entity.
What do I need to prove in a slip and fall case?
In a slip and fall case, the burden of proof falls on the plaintiff. That is why it is crucial to hire an attorney if you plan to file a claim. To succeed in your Florida slip and fall case, you must prove that the defendant failed in their duty of care to keep their property safe. You will need to prove that the defendant knew about the hazard that caused your fall or should have known about it and failed to keep their property safe.
How much is a Florida slip and fall claim worth?
There is not an average amount that slip and fall victims receive in Florida for personal injury claims. The value of each case depends on the specifics of the case. Factors that can impact the value of your slip and fall claim include the following;
- Severity of your physical injuries
- Amount of your own fault
- Available insurance
- Amount of damages caused
Can I recover compensation if I am partially liable for my injuries?
You can recover compensation if you are partially liable for your injuries. The law in Florida allows accident victims to recover compensation from other negligent parties even if they (the victims) are partly to blame for their injuries. However, the comparative negligence rule that Florida follows requires a plaintiff’s compensation to be reduced if they are partly at fault for their injuries. If you file a slip and fall claim and you are found to be 55% to blame for your accident, according to Florida law, you are to receive 45% of $100,000, which is $45,000.
Should I take the first offer from the insurance company?
You should not accept the first offer from the insurance without speaking to a qualified attorney. Insurance adjusters can be very pleasant. When making an offer, an insurance adjuster may tell you they have your best interests in mind and want what is best for you. That is not true – they represent the entity or person that caused your injuries. The first offer from the insurance company is almost always a lowball one.
Is it okay to give a recorded statement to the insurance company after a slip and fall accident?
It is not advisable that you give a recorded statement to the insurance company after a slip and fall accident until you have legal representation. In fact, it’s best to avoid speaking to the insurance company altogether and let your attorney handle all communications. Your statements could be used against you and hurt your case.
Contact Our Naples Slip & Fall Attorney
If you’ve suffered injuries in a Florida slip and fall accident because of a property owner’s or another party’s negligence, contact our Naples slip & fall attorneys at The Law Offices of Marc L. Shapiro. Our experienced and zealous attorneys are ready to help you fight for the compensation you deserve.