Many people don’t know if they fall on someone else’s property, they can seek financial compensation through a slip and fall lawsuit. Of course, some factors will play into the filing process.
Such lawsuits mainly come under premises liability cases. If you want to learn more about a slip and fall lawsuit in Florida, you’re in the right place.
Let’s look at what a slip and fall lawsuit is, how long does a slip and fall lawsuit take, and its filing process.
What Is A Slip And Fall Lawsuit In Florida?
In the past years, about 1 million visits to hospitals have been of slip and fall victims in the US. Many of these falls are accidental and because of someone else’s negligence.
If you fall on someone else’s property, you can file a slip and fall lawsuit against the owner if you fell due to their fault. For example, a loose step that the owner failed to fix may have caused you to slip.
The main feature of all slip and fall case examples is proving the negligence of the defendant.
Remember this does not mean every time you fall somewhere else, it is the fault of another party. You may slip due to the loose fitting of your shoe or walking distractedly.
Possible Injuries From Slip And Fall Accidents
A slip and fall injury can occur in any place such as corporate offices, restaurants, construction sites, and much more. This is why the wounds you sustain may also vary.
For example, slipping due to a wet floor in an office may lead to a minor sprain. Meanwhile, falling at construction sites may lead to traumatic brain injury or even fatality.
Fall injuries are mainly common in older adults due to declining motor coordination with aging. Let’s look at the possible injuries that are commonly seen in a slip and fall lawsuit:
- Severe fractures and broken hip
- Brain and spinal injury
- Post-traumatic stress disorder after the accident
- Emotional trauma
- Bone dislocation
- Permanent disabilities such as lower body paralysis, mental retardation, and more
Besides these injuries, you will also suffer from extensive medical bills to recover from the accident.
How Long Does A Slip And Fall Lawsuit Take?
The answer to how long does a slip and fall lawsuit take is not fixed. Sometimes, the case may take only a few weeks to reach a fair compensation amount.
It can also take three months for slip and fall settlements. If the other party does not take responsibility, your slip and fall lawsuit may even take 1.5 years to reach a resolution.
The time limit may vary, but you can take some steps to accelerate the process. For example, hiring an attorney will help you reach slip and fall settlements faster than it would if you fight alone.
The collection of solid evidence to prove the defendant’s fault will also make it easy to reach slip and fall settlements.
How To File A Slip And Fall Lawsuit In Florida?
Let’s look at the steps you must follow when filing a slip and fall lawsuit in Florida:
Step 1: Report The Injury
The first thing you should do when filing a slip and fall lawsuit is to report the injury to your region’s police department. When you reach the hospital to get treatment for your wounds, you may tell the doctor you want to file a report.
They will call the police officials at the hospital to record your statement. The authorities will use the details you provide them to run a thorough investigation.
For example, they will rush to the defendant’s property to question them about the slip and fall accident. The officers will also view CCTV footage of the area to determine the at-fault party.
The top benefit of reporting the injury is that you will have an official complaint record. Even if you file a slip and fall lawsuit years later due to prolonged recovery, this initial report will help your case.
That is because many defendants use the lack of a police report to prove that you didn’t think they were at fault. Some people may also argue that your injuries were not significant enough for financial compensation.
So an initial police complaint record will help you fight against such type of blaming in the court.
Step 2: Collect Contact Information From Any Witnesses
You may believe that police will collect statements from all witnesses, but that is not always true. Some people may sneak away from the accident scene to avoid having to give statements to the authorities.
This is why if you’re in a position to collect contact information from witnesses, you should do it. It will allow you to call the individuals later and ask them questions about the accident.
For example, someone may have been recording a video on their phone which captured your fall. Evidence like this can help you turn your case into a solid one.
It will also help you maximize the average payout for slip and fall injury cases. You can contact the witnesses on your own or make your accident attorney the point of contact.
If police officials fail to record a witness’s statement, you can also bring it to notice.
Step 3: Photograph Or Record The Injuries
When you reach the hospital or medical clinic for treatment, make sure to ask the nurses to take pictures of your injuries. Even when you enter the first aid car, tell the paramedics to capture images before treatment.
This is an important step that many people fail to take due to emotional and physical stress at the time of injury. Photographic evidence will help you prove in court that you sustained specific wounds after the fall.
Some defense lawyers try to prove that victims had injuries before the fall to absolve their client of liability. This is why photographic evidence is important along with medical opinions by experts.
You may even ask someone at the site to record a video of your injured state while the ambulance arrives. These images will also help you when dealing with insurance providers.
Step 4: Seek Medical Treatment
Some people after sustaining minor scratches during slip and fall accidents avoid seeking medical treatment. You may think you will get an unnecessary bill for a minor laceration.
However, sometimes the situation may aggravate later with your minor injury turning into a major. This is why always seek medical treatment regardless of the depth of the wound.
A hospital visit will allow you to have an official medical record of the injury. The doctor may also do a full check up to rule out brain trauma and other internal injuries.
Many times people develop symptoms from their slip and fall accidents later. When they file a case, the defense can argue that the injury worsened because of the victim’s negligence in seeking medical treatment.
They may argue that the injuries you are suffering from occurred due to different accidents. In such slip and fall case examples, it is difficult to prove the origin of the injury due to a lack of an initial medical report.
Avoiding such errors will help you win slip and fall settlements more easily.
Step 5: Contact A Personal Injury Attorney To File Your Slip And Fall Lawsuit
The final thing you must know about how to file a slip and fall lawsuit is contacting an attorney. These cases mainly come under premises liability and personal injury categories.
So you should connect with a personal injury attorney who can start the legal process of your case. It is also best to hire a lawyer before you talk to insurance adjusters.
Many companies try to avoid a payout by using excuses such as policy changes. A lawyer by your side will help you tackle such tactics and give statements that will help your case.
A personal injury lawyer will also collect witness contacts from you and follow up with them. They will conduct a thorough investigation to determine the worth of your claim accurately and prove negligence.
The attorney will also fight your case in court if it goes to trial. They can offer you advice during settlement negotiations. For example, you may overcalculate your claim value and demand a high amount.
Such unnecessary demands can make you lose out on the accurate claim compensation that the defendant may be willing to give. Your lawyer can help you understand when your demands are becoming unreasonable.
What Is The Average Payout For A Slip And Fall Injury?
The average payout for slip and fall injury cases is between $10,000 to $50,000. This will cover your medical bills to help you recover more easily.
It will also cover the therapy bills if you visit a therapist for emotional trauma or PTSD after the accident. Remember some slip and fall case examples have greater settlement amounts.
This exact compensation will depend on factors such as:
- Your long-term medical bills
- The defendant’s fault percentage
- Past lost wages
- Future lost wages
- The severity of the injuries and their permanence
- The calculation formula insurance adjusters use to calculate the final amount
How Do You Win A Slip And Fall Case?
The best way to win a slip and fall lawsuit is by evaluating your losses and collecting evidence. Hiring a personal injury lawyer also increases your winning chances significantly.
How Much Compensation Do You Get For A Fall?
You can get up to $50,000 for a fall easily if you had zero fault in the accident. The amount may fluctuate depending on the severity of your wounds and your recovery process.
How Do I Claim For A Fall?
You can make a claim for a fall by hiring a lawyer to file a slip and fall lawsuit. Before filing the case, you must ensure the other party was negligent and had involvement in the fall.
File A Slip And Fall Lawsuit In Florida With The Best Personal Injury Attorney
This is everything you need to know about how to file a slip and fall lawsuit in Florida. A lawyer can help you win a case by proving the fault of the property owner.
If you want to start a slip and fall claim, be sure to contact us for consultation.