Helpful Information To Know Before Bringing A Slip And Fall Personal Injury Lawsuit
Slip and fall accidents currently account for over 1 million hospital visits. If you were recently injured in a slip and fall accident in the state of Florida, there is some helpful information you should be aware of before deciding if you should file a personal injury lawsuit.
- You have to file a personal injury claim within 4 years of the incident. Florida Statute § 95.11(3)(a) requires a plaintiff to bring a personal injury claim based on a slip and fall accident within 4 years of the date that the accident occurred. This statute applies to every type of personal injury claim in the state of Florida and also specifically applies to any property damage resulting from the slip and fall accident (for example, if you slipped on a loose step and broke your cell phone as a result).
- Your award may be reduced if you were found to be at fault for your own injuries. Florida Statute § 768.81 states that slip and fall claims in Florida are based on the concept of pure comparative negligence. Essentially, if the court finds that your own actions contributed to your fall, any damage award that you may be entitled to receive will be reduced to reflect that fact. For example, if you slip in a retail store because you weren’t paying attention as you were walking and didn’t notice a large spill on the floor with a “wet floor” sign beside it, the court might find that you are responsible to some degree for your fall and any resulting injuries. This fact will reduce the amount of recovery that you would have been entitled to receive if you in no way contributed to your fall. However, it is important to note that even if you are found to have contributed to your fall in some way, you will not be completely barred from recovery in court.
- Even if you choose not to file a personal injury lawsuit, your out-of-court settlement award amount may be reduced if you were found to be at fault. Because Florida’s pure comparative negligence rule governs Florida personal injury law, even if you decide not to file a lawsuit and instead choose to go through the defendant’s insurance company, your recovery amount may still be reduced if the evidence shows you were responsible in some way for causing your own injuries. Because there is always a chance that a personal injury case could end up in court, insurance companies heavily scrutinize the facts of these kinds of cases in order to determine whether or not you contributed to your accident. As such, if you are offered a settlement and the company believes that you contributed to your own injuries in some way, the settlement amount will likely reflect that fact.
Were You Recently Injured in a Slip and Fall Accident? Contact a Miami Personal Injury Attorney Today
If you were recently injured in a slip and fall accident, Pita Weber Del Prado can help. Our experienced Miami slip and fall attorneys will answer any questions you may have about filing a lawsuit and will help you receive any entitled compensation for your injuries.