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How Do You Win a Slip & Fall Case in Florida?

If you slip and fall on someone else’s property in Florida, your best bet is to contact a fall injury lawyer as soon as possible because you may be entitled to compensation for your injuries. Florida’s premises liability laws cover slip and fall accidents in many cases, and most property owners and tenants have insurance that covers these situations.

However, insurance companies will always be more concerned with their profits than your suffering. They may put up a fight or lowball a settlement offer. If that’s the case, you need to know how to help prepare a slip and fall case that can win.

In any instance, a fall injury lawyer can help. If you’ve suffered an injury in a slip and fall on someone else’s property, you deserve compensation for your losses. An attorney can build a solid case, negotiate with the insurance company on your behalf, and litigate your case in court should it come to that.

Contact Colling Gilbert Wright today by calling (407) 712-7300. Let’s schedule a FREE consultation to evaluate the viability of your slip and fall case. We proudly serve our neighbors in Orlando and throughout Florida.

How To Win a Slip & Fall Case

One of the keys to winning a slip and fall case is to take action as soon after the accident as possible. This means that you should try to do three things right away:

  • Get treatment for your injuries
  • Write down as many details as you can remember
  • Talk to a slip and fall lawyer about your legal rights

The sooner you take these steps, the sooner your lawyer can take action on your behalf, and the better your chances of recovering the financial compensation you deserve.

What Is the Duty of Care in a Slip & Fall?

Property owners have a legal obligation to keep their premises safe for visitors under Florida Statutes § 768.0755. This is known as the duty of care. Property owners must maintain their property to prevent hazards and promptly address any dangerous conditions. This includes:

  • Regularly inspecting the premises
  • Providing adequate warnings
  • Repairing unsafe areas

If they fail in this responsibility, leading to a slip and fall accident, the injured party may be entitled to seek compensation for their injuries.

Read More: What Is Premises Liability?

Proving Causation & Injuries

When you slip and fall on someone else’s property in Florida, there are two main things you need to prove to pursue compensation properly. First, you must prove that the property owner’s or tenant’s negligence caused the accident. This is referred to as causation. Proving causation can involve collecting various forms of evidence, including surveillance camera footage, eyewitness testimony, maintenance records, and more.

Second, you must prove that you suffered your injuries in the accident. If you can’t prove that your injuries are accident-related, the property owner or tenant’s insurance company isn’t going to pay. Your medical records will be the primary source of evidence of your injuries—which is one reason why getting treatment as soon as possible is so important.

Establishing Liability

Proving liability in a slip and fall case in Florida involves showing that the property owner or business had actual or constructive knowledge of the dangerous condition, as outlined in § 768.0755. Actual knowledge means the owner directly knew of the hazard, while constructive knowledge can be proven with circumstantial evidence. This involves demonstrating that the dangerous condition:

  • Existed long enough that the business should have known about it through ordinary care; or
  • Occurred so frequently that it was foreseeable.

Once these factors are established, your fall injury attorney can pinpoint the responsible party. While this is usually done through the insurance claims process, if the property owner or tenant’s insurance company refuses to acknowledge liability, your lawyer may need to take your slip and fall case to court.

Gathering Evidence

Since you need clear proof to assert your legal rights, gathering as much evidence as possible is a critical step in the process. While you can gather some evidence on your own (such as your medical and employment records), you will need to hire a lawyer to investigate your accident as well.

Possible evidence to support your slip and fall accident claim includes:

  • Photos capturing the scene of the accident
  • Evidence of hazards or obstacles leading to the fall
  • Physical evidence (for instance, the clothes & shoes you were wearing)
  • Statements from witnesses
  • Medical documentation (bills, history, diagnosis, treatment plans, etc.)
  • Prescription receipts
  • Records of work absences
  • Journal tracking pain levels
  • Incident reports
  • Any communications with your employer, insurance companies, medical professionals, etc.

Statute of Limitations

Florida’s statute of limitations for slip and fall cases changed in 2023. Under Florida’s new law, you must file your claim within 2 years of the date of your accident. If you miss this deadline, you may forfeit your right to pursue legal action.

Additionally, preparing a winning case takes time. It is best to move quickly to find a fall injury attorney and start building your slip and fall claim. Swift action helps to ensure you receive justice and compensation for your losses.

Consulting a Fall Injury Lawyer

To protect your rights from the start, engaging a fall injury attorney is essential. A consultation costs nothing out-of-pocket, and the guidance you gain could be pivotal in winning your case.

An attorney can help gather crucial evidence, handle negotiations with insurance companies, and navigate complex legal processes, making sure you have a solid claim for the financial compensation you rightfully deserve. Should it be necessary to go to court, a dedicated slip and fall attorney is prepared to represent you with determination, experience, and skill.

How Long Does It Take To Settle a Slip & Fall Case in Florida?

How long it takes to settle a Florida slip and fall case depends on the circumstances involved. The timeline can vary based on several factors, including:

  • Complexity of the case
  • Severity of the injuries
  • Willingness to negotiate

Generally speaking, a straightforward claim may settle in months, while intricate cases needing trial might extend beyond a year. The representation of an experienced Orlando fall injury lawyer is ideal. They can streamline negotiations and legal processes, working for a swift, fair resolution.

Why Are Slip & Fall Cases Hard To Win?

With all this in mind, you might wonder, “Why are slip and fall cases hard to win?”

Hint: They’re not.

Or, at least, they shouldn’t be if you have the evidence you need and a team of knowledgeable lawyers on your side. While there are no guarantees, if you take all the necessary steps to protect your legal rights—including promptly hiring a law firm to represent you—your chances of recovering the compensation you deserve are exponentially better.

Contact the Dedicated Fall Injury Lawyers at Colling Gilbert Wright

Injuries disrupt our lives, causing physical strain, stress, and financial worry. When your injury is due to the negligence of a property owner, manager, or tenant, you may be entitled to compensation. At Colling Gilbert Wright, we are committed to helping our clients find justice and relief after an accident.

If you’ve been injured in a slip and fall incident in Florida, we invite you to get in touch. To schedule a FREE case evaluation with one of the distinguished fall injury lawyers at Colling Gilbert Wright, contact us today.

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