Slipping and falling might not seem as big of a deal when you’re younger. Most times, you can just walk it off and go about your life as if nothing ever happened. However, there are times when you can incur serious injuries following a slip and fall accident. If you’re ever injured in in an accident such as this in Florida, you might have to contend with significant medical bills to recover from.
Did you know that you might not have to cover the costs to recover from your injuries if the incident was someone else’s fault? Understanding Florida slip and fall laws can help you determine which laws can apply to your situation and whether you need to enlist the help of a West Palm Beach personal injury lawyer to seek the right compensation you need for the trauma you’ve endured.
This post will serve as a guide on the most important things about Florida’s slip and fall laws that you should be aware of so you can make more well-informed decisions following an injury.
Florida’s slip and fall laws effectively state that winning such a case requires the victim to establish that the at-fault party failed to address a hazardous situation on the property which resulted in the accident and subsequent injuries. The plaintiff must also prove that the party was aware or should have been aware of the hazardous situation and failed to take the appropriate corrective measures to address the problem.
Florida’s slip and fall laws also allow the victim to recover compensation for various economical and non-economical damages that they have suffered. The compensation may cover medical expenses, lost wages due to the injury and recovery time, and in limited circumstances, punitive damages. You can review the detailed Florida slip and fall laws in the Florida Revised Statutes 768.0755.
Winning a slip and fall lawsuit in Florida requires you to prove the following:
- You slipped and fell
- The resulting fall was on property owned by someone else
- A hazardous condition led to your fall
- The owner of the said property knew or should have known about the hazardous conditions
- The property owner should have taken action to correct the issue
- The property owner did not take responsibility to properly address the issue
You can show that the property owner knew or should have been aware of the hazardous situation in a few ways. The first thing you can do is try to prove that the conditions were there for long enough that the property owner could not have missed it. Another thing you can do is show that the dangerous situation was not a one-time incident and has happened before. You can also prove this by showing any explicit proof that the property owner had a reasonable amount of time to address the condition properly and failed to do so.
The written laws that have been codified by Florida’s legislature are quite concise, and it is not possible for them to cover every possibility which could result in a lawsuit.
Common law is a crucial point that you need to consider when evaluating a Florida slip and fall case. Common law adds more details regarding the kind of damages a victim can recover for slip and fall cases and explains the statutory law in detail over time.
There is indeed a statute of limitations for slip and fall cases in Florida. Florida’s slip and fall laws are covered in Florida law95.11(3)(6), and they state that the statute of limitations is four years.
As such, the victim of a slip and fall injury living in the state of Florida has four years from the time of the incident to bring forth their claim in court. The statute of limitations is also applicable to other personal injury cases in Florida.
Failing to present your claim within four years of the incident can result in you losing the right to seek compensation through a personal injury lawsuit. It is always advisable to contact a skilled West Palm Beach personal injury lawyer as early as possible after seeking medical attention so they can begin the process right away.
The process of filing a case for a slip and fall case in Florida starts with a complaint. The complaint you file must state all the facts of the case and mention that the claim is based on the personal injury laws in Florida. As the victim, you are the plaintiff who is responsible for initiating the lawsuit.
If you ever find yourself in a slip and fall accident that was caused by someone else’s negligence or malicious intent, you should first seek immediate medical attention. Receiving the proper medical examination can help determine the extent of your injuries and establish the groundwork for a strong case with medical records backing your claim.
You also need to initiate the lawsuit by filing your claim in the appropriate court by the deadline. Suppose that your injuries are too severe for you to handle filing a lawsuit. In this case, working with the right West Palm Beach personal injury lawyers can make the legal process go smoothly while you focus on your health.
Remember that contacting your lawyer should be one of the first things you do after seeking medical attention. Working with the right legal professionals can ensure that the process to seek fair compensation can begin right away. Additionally, an experienced lawyer has the expertise to initiate the process and navigate through the complex personal injury laws in Florida.
Frankl Kominsky Injury Lawyers are specialists when it comes to helping their clients seek the results they need for their personal injury lawsuits. The legal professionals in their team are experts in negotiating with the concerned parties for you, guiding you through the legal process, and increase your chances of a successful outcome.