According to the National Floor Safety Institute, slip and fall accidents account for over 8 million ER visits. If you’ve suffered a similar injury on someone else’s property in St. Petersburg, Florida, you may be considering filing a personal injury lawsuit against the business. However, before taking legal action, there are some important things you need to know about personal injury claims and Florida law. In this guide, we’ll help you decide whether you have a case.
Table of Contents
Proving Liability
The first major hurdle will be proving that the business was legally liable for your injuries. Florida follows comparative negligence rules, meaning you can still recover some damages even if you were partially at fault. However, if your actions are found to be more than 50% responsible for the accident, you lose the right to compensation.
To prove liability, you’ll need evidence that:
- The business owed you a duty of care that was breached through unsafe conditions or negligence. For customers, Florida businesses have a responsibility to maintain safe premises.
- The breach directly caused your accident and injuries. There must be a clear, provable link between the business’s negligence and your damages.
Injury Damages
In a personal injury claim, you can seek compensation for both economic and non-economic losses stemming from your accident. Economic damages include things like:
- Medical bills from injury treatment, both current and future care
- Lost income due to missing work
- Loss of future earning capacity
Meanwhile, common non-economic damages include pain and suffering, loss of enjoyment of life after the accident, mental anguish, and more. Keep extensive records so you can put a dollar figure on the accident’s impact.
Settlements vs Lawsuits
The majority of Florida injury claims settle out of court, sparing the hassle and expenses of a trial. However, if early negotiations fail to produce an adequate settlement offer from the insurer, your attorney can file a personal injury lawsuit to take the claim before a judge and jury.
Time Limits
Under Florida statute 95.11, plaintiffs normally have 4 years from the accident date to file a lawsuit. However, different time limits apply depending on the defendant. It’s critical to act fast to preserve your right to take legal action.
Hiring an Attorney in St Petersburg
Due to the complex legal and insurance issues involved, working with an experienced Florida personal injury lawyer from a firm like Lopez Law Group Accident Injury Attorneys is highly advisable. They can handle the evidence collection, negotiations, and litigation so you can focus on your recovery. Most attorneys work on a contingency fee basis, meaning legal fees come out of any final settlement or award.
Pursuing a personal injury claim against a business is often complicated. However, understanding Florida premises liability laws, gathering solid evidence, evaluating damages accurately, and negotiating a settlement or winning in court can result in the financial recovery you need to move forward. Speaking to an experienced personal injury lawyer is the best way to fully protect your rights after being injured on someone else’s property. Though the process takes time and effort, the rewards make it worthwhile in the end.
