If you’re filing a Florida claim for personal injury after a slip and fall accident, you should be aware of two state-specific rules.

It is important to know your rights if you have been injured in a Florida accident. This is especially true if it was the property owner who caused the accident. What you should know is:

  • You can file a claim under the insurance policy of the person at fault for Florida slips and falls injuries, or you may sue the other party in court.
  • Florida’s statutes of limitations set the deadline to file a lawsuit over a slip and fall accident.
  • Florida’s “comparative negligence” rule could affect your compensation if you were partially at fault for a slip-and fall accident.

Florida Slip and Fall Injury Claim Options

After a slip-and-fall accident in Florida, you may have a few options for compensation. There are damages for lost income, mental and physical pain, and injuries. These losses are collectively known as ” damages”. You can for example:

  • If you are injured on your neighbor’s land due to a dangerous condition, you may be able to file a claim under their homeowner’s insurance.
  • If you slip and tumble in a store or other establishment, you may be eligible for compensation through the commercial liability policy of the business.
  • You can sue for personal injury after a slip and fall. It does not matter if an insurance claim has been filed.

You need to be able to cover your costs for your slip and fall injuries, whether they are economic or not. You can reach a settlement before the trial, even if you are in Florida courts. The vast majority of injury cases are settled.

Florida Slip and fall Statute of Limitations

A statute of limitations is a law that limits the amount of time in which you can file a civil suit with a court system. The lawsuit will be dismissed by the court if you fail to file it within the specified deadline, unless a rare exception allows for the time frame to be altered or extended. Speak to a lawyer to find out more about the Florida exceptions that may apply to your situation.

In Florida, anyone who is injured in a slip and fall accident must file a suit against the property owner within two years of the incident. The deadline for negligence lawsuits is set out in Florida Statutes Section 95.1(4)(a). This deadline applies to almost all personal injury cases brought before Florida civil courts.

It’s important to allow yourself time to file a suit, even if you think your injury claim will settle. If you are able to go to court, your bargaining power will be greater.

Slip and Fall and Comparative Negligence in Florida

Be prepared to hear the property owner argue that you were partially responsible for the accident. This tactic can result in a significant reduction of any award that you receive from the court.

For example, the property owner could argue:

  • You were in an area where guests are usually not allowed or expected.
  • You may have been distracted by your mobile phone.
  • You chose footwear that was inappropriate or unsafe.
  • Signs and cones were used to mark dangerous areas (reasonable steps taken to protect people).
  • You should have been aware of the danger.

Florida’s comparative negligence rule in court

You will use “pure comparative negligence” to determine your legal responsibility for the accident, and the amount of compensation that the property owner is still liable to pay.

Under “pure comparative negligence,” a plaintiff’s damages will be reduced by the percentage of his or her fault in an accident. Say the jury decides that:

  • 15% of slips and falls are your fault.
  • You are entitled to a total of $10,000 in damages, including medical expenses, lost wages and pain & suffering.

The owner of the property will be responsible for $8,500. It’s $10,000 less 15%, which is your fault.

What Florida’s Comparative Negligence Rules Could Mean for a Slip and Fall Case

Even if your Florida slip and fall case is not brought to court or no lawsuit is filed, the state’s comparative negligence rule will likely be a factor. Property owner’s insurance (and/or lawyer) are concerned about the outcome if your case goes to court.

Any settlement offer that you receive will reflect the other party’s opinion about your role in causing your injuries. The Florida rules of shared responsibility are the basis for this. It is important to make a strong argument for the property owner’s liability.

What happens if you slip and fall on government property in Florida

You will have to follow a special set of deadlines and rules if you were injured due to the negligence of an official of a government agency or department. Notify the government agency responsible for your injury. Most claims have a maximum of $200,000 in damages.

How to Get Assistance Following a Florida Slip and Fall

It’s important to understand the rules that apply when you’re injured on someone else’s property. Generic information will not help you protect your rights. You need an experienced attorney to provide you with tailored advice based on your unique situation.

Learn how an attorney can help you if you have been injured in an accident or another incident.

This article was written by Jeanette Secor PA Attorney at Law.

Since over 20 years the Law Office of Jeanette Secor in St. Petersburg FL has been the first choice for anyone seeking justice following an personal Injury Lawyer St. Petersburg FL. Jeanette Secor is a renowned attorney who specializes in slip-and falls. She has represented clients successfully in motorcycle accidents, car accidents and slip-and fall incidents.