3 FAQs About Building a Slip and Fall Claim
In most cases, a slip or trip amounts to nothing more than a bruised ego. If you land at a certain angle, however—or on an especially hard surface—a seemingly minor fall can turn into a major hassle.
Fall-related injuries account for more than 8 million emergency department visits every year. Thankfully, those who need medical care following a slip and fall usually have legal recourse.
If you were hurt because a business, government entity, or property owner was negligent, for example, you can probably name them in a personal injury claim. Read on to learn what putting together such a claim might entail:
1. How Do I Prove the Opposing Party Is Liable for My Slip and Fall?
The strength of the evidence you present is going to have a major impact on the outcome of your case. While the most compelling proof will inevitably come down to the circumstances surrounding the accident, it will probably include at least a few of the following:
- Eyewitness testimony,
- Surveillance footage,
- The facility’s standard operating procedures,
- The facility’s maintenance logs,
- Photographs of the scene,
- Incident reports, and
- Statements from accident reconstruction experts.
If you’re unsure how to go about gathering any of the above, don’t worry. A resourceful premises liability attorney can assist with virtually every aspect of your claim, from conducting the initial investigation to negotiating for a settlement.
2. What Kinds of Damages Can I Include in My Slip and Fall Claim?
If you slipped and fell on someone else’s property in Florida, you can seek compensation for virtually all the losses you wouldn’t have incurred had you not gotten hurt. This includes both direct expenses like hospital bills and indirect expenses like missed wages.
Florida tort law also recognizes the validity of non-economic damages. While intangible, losses like pain and suffering, diminished quality of life, and mental anguish can be every bit as devastating as more obvious economic damages. When putting together your claim, a strategic attorney can help you devise a way to demonstrate the extent of any such damages.
3. What If the Opposing Party Refuses to Offer a Fair Settlement?
Unfortunately, there’s no guarantee that your claim will yield a settlement. There might be a liability dispute, or the insurance adjuster may simply be downright uncooperative during the negotiations.
Should either end up being the case, you may have to file a formal lawsuit to seek the compensation you deserve. In the state of Florida, you’ll likely have four years to do so. There are various exceptions to this statute of limitations, though, so you’ll want to seek legal counsel as soon as possible.
Speak with a Tampa Slip and Fall Attorney
At Capaz Law Firm, P.A., you’ll find a seasoned team of compassionate litigators who are ready to take your case. If you were seriously hurt through no fault of your own, we’ll use all the resources at our disposal to help you seek justice. Call 813-551-3907 or fill out the Contact Form on our website to schedule a free initial consultation with a slip and fall lawyer in Tampa.