In part one of this article, we covered the different types of slip-and-fall cases in a premises liability case and what the injured party must demonstrate in order to try to prove fault for the personal injury. Here we continue with some other frequently raised questions regarding slip-and-fall injury lawsuits in Florida.
How long do I have to file my slip-and-fall case?
The statute of limitations, which is the time limit for filing, will expire after four years. That means you have four years from the original date of your injury to bring your lawsuit forward and seek damages from the responsible party.
Who bears the responsibility for my injury?
Determining who is at fault in any accident can be difficult. There may be more than one party responsible for the circumstances surrounding the injury. If, for instance, you are injured while shopping at a mall, the store owner or manager or possibly the shopping mall building management or property company may share in the fault.
Your attorney can help you go through all possible responsible parties to have them named in your premises liability suit. Florida law requires each defendant in a case to pay their share, and only their share. If you fail to name every possible responsible party, you might not be able to recover all the damages due you.
In the State of Florida, a slip-and-fall case will also utilize a tool called comparative negligence. This allows the court to do a comparison of the burden of fault for the accident, be it the business, the property owner or the injured party themselves. There are no guarantees that the court will find in favor of the injured, as they may find that they were more to blame for the incident than the business.
What sort of compensation is provided for in a Florida slip-and-fall case?
If you win your case, as the injured party, the amount you recover will be determined by the court. Compensation can be awarded for any or all of the following items:
- Medical costs
- Lost wages, both now and in the future
- Permanent disability
- Emotional distress
- Other costs directly related to your injury
This brief overview has given you a few of the fundamentals, but a slip-and-fall lawsuit in Florida can be a complicated journey. Don’t try to go head-to-head with a large corporation and their vast resources on your own. An experienced personal injury attorney can help to level the playing field. Gloria Seidule has been serving clients in Port St. Lucie, Fort Pierce and Stuart, Florida for over 25 years, and has a strong track record of successfully represented clients against big corporations such as Walmart. Contact the Law Office of Gloria Seidule at 772-287-1220.
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