Should I file a slip and fall lawsuit?
If you fall on someone else's property, you may be able to sue for damages for the harm you have suffered. These injuries are common and can occur while grocery shopping, buying home goods, going to the gym, looking for furniture, or even swimming in someone's pool. You expect these businesses or properties to be free of any unsafe situations or risks when you visit them. These settings often result in a slip or trip and fall incident. This is one type of premise liability, which is a broader topic of personal injury law. In Florida, the property owner and/or the renter who is occupying the space may be held responsible for your injuries. A slip and fall lawyer can help you understand the facts of your case as you try to recover financially for your injuries. In these circumstances, the property owner or renter must be proven to have acted negligently.
Facts specific to your injuries, such as whether the unsafe environment was caused by the owner or an employee of the premises, are crucial in proving your case. The circumstance requires that the owner or employee was aware of the hazardous condition or should have been aware of it. The precautions taken by the owner or employee to avoid the incident will be considered. Store owners are expected to visit their facilities on a regular basis to keep an eye out for these hazardous conditions. A warning sign may not be enough to protect the owner from liability depending on the situation.
How long until I must file my lawsuit?
The statute of limitations in Florida to file a lawsuit for damages sustained in a slip and fall accident is four years.
How long does a slip and fall lawsuit take?
The duration of a lawsuit might range from 6 to 12 months. If you decide to file a case, an investigation is launched to determine duties, witness testimonies, including your own, are gathered, and evidence is obtained. In the unlikely event the case goes to trial, it can take up to two years.
Can I recover without filing a lawsuit?
Yes, not all cases require filing a lawsuit. The process starts by filing a claim with the defendant's insurance company. If the offer from the insurance company is fair you should accept it. However, it is often the case that the offer will be significantly lower than the true value of your claim. Having a slip and fall lawyer represent you and negotiate these matters will ensure that your interests are protected. This process usually takes between 30-90 days.
Should I hire a slip and fall lawyer?
After the incident occurs it is smart to hire a slip and fall lawyer. The location must be investigated quickly, and preservation letters must be provided so that videos of the event can be kept for future use.
Agents (or "adjusters") for insurance companies are highly educated negotiators who work zealously for the insurance business. They accomplish this by refusing or decreasing the number of claims as much as possible. Insurance companies will often make an issue of your presence on the premises where the damage happened, as well as allege your contribution to the injury, even when your case seems straight forward.
Your slip and fall lawyer will be able to foresee these defenses and build your case around them. Slip and fall cases don't often end up in court, but when they do, they often become contentious. Your lawyer will have a significant impact on the final outcome of your case. Never handle a slip and fall injury case on your own, especially if there are substantial long-term health implications.
Leaser Law Firm is experienced in handling slip and fall cases. We will take the time necessary to investigate your case, determine whether there is liability, and discuss your options moving forward.