English
Spanish
Slip and Fall Accident Guide
Given the multitude of ways in which they can occur, it is no surprise that slip and fall accidents are a common occurrence. The frequency with which slip and fall accidents happen, however, does not lessen the number or severity of the injuries that victims suffer. In fact, one in five fall victims suffers a serious injury, such as broken bones or head injuries, according to the Centers for Disease Control and Prevention (CDC). Compensation may be available to the victim of a slip and fall accident if the wrongful or negligent conduct of another party caused or contributed to the accident. Understanding your rights and knowing what to do is the key to recovering compensation in a Florida slip and fall accident.
What Steps Should I Take after a Slip and Fall Accident?
Being injured in a slip and fall accident can be a frightening experience and frequently leaves a victim without a clear idea of what to do following the accident. To help ensure that you receive the medical care you need and that your right to pursue compensation is preserved, take the following steps after a slip and fall accident:
- Speak to a supervisor or manager. If the slip and fall accident occurred at a restaurant, retail store, hotel, or another business, ask to speak to someone in a position of authority. Most businesses have procedures in place for situations that result in injury to a guest or patron. Asking to speak to a supervisor or manager should ensure that those procedures are followed, and an internal report completed.
- Document the accident. When possible, take photos of the scene of the accident, making sure to include any obvious contributing factors, such as liquid on the floor, uneven flooring, or obstructions in an aisle. Note down the name and contact information for the supervisor/manager as well as for any witnesses who saw the accident.
- Submit to a thorough medical evaluation. Injuries sustained in a slip and fall accident can range from minor bruising to a life-threatening traumatic brain injury (TBI). Knowing that some of the most serious injuries do not produce visible symptoms for hours, even days, following the injury, it is always prudent to have a complete medical evaluation conducted as soon after a slip and fall accident as possible. A secondary benefit of an immediate medical evaluation is that it may be used to show a nexus between the accident and your injuries if you pursue compensation from an at-fault party down the road.
- Talk to an experienced slip and fall accident attorney. Soon after the accident, consult with an experienced Florida slip and fall accident attorney before discussing the accident with anyone else. An attorney can evaluate the circumstances of your slip and fall accident, explain your legal options, and discuss the likelihood of recovering compensation for the physical injuries and emotional trauma you suffered because of the accident.
Should I Speak to an Insurance Adjuster?
When someone is injured in a slip and fall accident while on the property of another person or business, the property owner (or occupier) may be held legally liable for those injuries. If the accident occurred while on private property, the owner could be held liable if the owner knew about hazardous conditions on the property and failed to remedy them and/or failed to warn the visitor about the hazardous conditions. A business owner may be liable for both known hazardous conditions and for hazardous conditions of which the owner should have been aware. All too often, an insurance adjuster will attempt to contact an injured victim when it is apparent that their insured may be liable for the accident. Do not speak to an insurance adjuster before consulting with an attorney. The job of an insurance adjuster is to limit the insurance company’s financial exposure. As such, adjusters often try to get an injured victim to say something that will limit their insured’s liability or, in the alternative, to get an injured victim to accept a token amount of compensation to make the case go away.
How Long Do I Have to File a Florida Slip and Fall Accident?
A “statute of limitations” is the legal term used to set the time limit within which legal action must be initiated. Failing to file within the appropriate statute of limitations bars a litigant from pursuing legal action. In the case of a slip and fall accident, the Florida statute of limitations is four years from the date of the accident. The lawsuit does not need to be resolved within two years; however, it must be filed to preserve your right to pursue compensation and hold the at-fault party accountable.
What Type of Compensation Might I Be Entitled to in a Florida Slip and Fall Accident?
As the injured victim in a Florida slip and fall accident, you could be entitled to both economic and non-economic damages. Economic damages are intended to compensate an injured victim for direct, out-of-pocket expenses related to the accident, such as doctor and hospital bills, lost income and wages, and the need to purchase specialized medical equipment. Non-economic damages compensate an injured victim for the indirect costs associated with an accident, such as scarring and disfigurement, pain and suffering, and mental anguish. If you lost a parent or child because of a Florida slip and fall accident you could be entitled to recover compensation in a Florida wrongful death lawsuit.
What Should I Do If I Was Injured in a Florida Slip and Fall Accident?
Your priority after being injured in a Florida slip and fall accident should be to have your injuries evaluated and treated. Once you have a treatment plan in place, your next priority should be to consult with an experienced Florida slip and fall accident attorney. At Layman Law Firm, P.L., seeking justice for injured victims is our number one priority. Let us use our experience, resources, and commitment to ensure that you are fully and fairly compensated for all your injuries.