As an experienced personal injury lawyer in Florida, I have seen many cases involving slip and fall accidents. One of the most common questions my clients ask is, “What is the statute of limitations for a slip and fall in Florida?” This is an important question to understand if you have been injured in a slip and fall accident and are considering filing a claim. In this article, I will explain what the statute of limitations is, how it applies to slip and fall cases in Florida, and what steps you should take if you have been involved in a slip and fall accident. First, let's define what the statute of limitations is. It is a legal term that refers to the time period in which a person can file a lawsuit after an incident has occurred.
In Florida, the statute of limitations for slip and falls is four years. This means that you have four years from the date of your accident to file your claim. It is important to note that this time period starts from the date of the accident, not from when you first realize you have been injured. So why is there a time limit for filing a claim? The purpose of the statute of limitations is to ensure that cases are brought to court in a timely manner. This allows for evidence to be preserved and witnesses to be available.
It also prevents people from filing claims long after an incident has occurred, which can make it difficult to determine the facts of the case. If you have been injured in a slip and fall accident, it is crucial that you file your claim within the four-year time period. If you miss this deadline, your case will likely be dismissed by the court. This is why it is important to seek legal representation as soon as possible after your accident. A Florida personal injury lawyer can ensure that your case is filed on time and help you navigate the legal process. Now, let's discuss how the statute of limitations applies specifically to slip and fall cases in Florida.
According to Florida law, you have four years from the date of the accident to file a lawsuit in your case. This deadline is found in section 95.11 (a) of the Florida Statutes and applies to nearly all personal injury cases brought in Florida's civil courts. It is also important to note that Florida follows a “pure comparative fault system”. This means that even if you are partially at fault for the slip and fall accident, you can still file a claim to recover a portion of your losses. Your total compensation will be reduced in proportion to your percentage of fault for the accident and your injuries. For example, if you were responsible for 90 percent of the slip and fall accident, you can still file a claim to recover 10 percent of your losses.
This is why it is important to have an experienced personal injury lawyer on your side who can help prove the other party's negligence and minimize any potential fault on your part. Now, let's address another common question – what happens if you were injured on someone else's property? In Florida, anyone who is injured in a slip and fall must file a lawsuit against the landlord within four years after the incident. This deadline applies to both residential and commercial properties. According to Florida Health, involuntary falls are the leading cause of fatal and non-fatal injuries among state residents over the age of 65. When you have a slip and fall on someone else's premises in Florida, it is important to know your rights and options under Florida law. You may be entitled to financial compensation for your injuries, loss of income, and pain and suffering. It is also worth noting that emotional or mental injuries sustained due to a slip and fall accident can also be the basis for financial compensation. Under Florida slip and fall law, customers of a business are considered “guests” and are entitled to the maximum duty of care from the owner of the business or property.
When a fall is due to the negligence of a property owner, the victim or their family may have the right to recover damages. At Lawlor, White & Murphey, we have extensive experience representing clients who have been injured in slip and fall accidents in Coconut Creek, Plantation, Pompano Beach, Pembroke Pines, and throughout Florida. Our team of skilled attorneys will fight for your rights and help you obtain the compensation you deserve. Before filing an insurance claim or lawsuit for a slip and fall, it is important to be prepared for the landlord to argue that you are partially at fault for the accident. This tactic is often used to reduce the amount of compensation you may receive. However, with a strong legal team on your side, you can fight against these claims and maximize your potential compensation. In conclusion, if you have been involved in a slip and fall accident in Florida, it is important to understand the statute of limitations and take action within the four-year time period.
Remember to seek legal representation as soon as possible and be prepared for potential arguments from the other party. With the help of an experienced personal injury lawyer, you can navigate the legal process and obtain the compensation you deserve for your injuries.
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