According to the National Floor Safety Institute, falls account for more than eight million hospital emergency room visits. In fact, they are the leading cause of visits, accounting for 21.3 percent of all visits. Furthermore, nearly one-quarter of slip and fall accidents required more than 31 days away from work, as reported by the United States Bureau of Labor Statistics.
Property owners, including business owners, landlords, and private homeowners, are required to do what they are able in order to mitigate the possibility of someone slipping and falling on their property. If they fail to live up to this duty, consider speaking to a Clearwater slip and fall lawyer about your legal options. Depending on the circumstances, a persistent personal injury attorney may be able to help you recover damages from a slip and fall injury.
The Requirements of Case
For the potential of success, a slip and fall case in Clearwater must prove several points. It must be shown that the property owner did not take proper care to maintain their property in a safe condition.
The plaintiff must prove that the lack of care and maintenance led to a condition that caused the slip and fall—for example, not cleaning up a spill in a restaurant or not removing ice from a walkway.
It must also be proven that the plaintiff’s injuries were a direct result of that slip and fall. An experienced Clearwater slip and fall attorney may be able to craft a case to prove these points in the plaintiff’s favor.
A Clearwater slip and fall lawyer may be able to explain these requirements to a plaintiff and help them meet these demands in the pursuit of a successful case.
Filing Deadline
The filing deadline—also known as the statute of limitations—for a slip and fall case in Florida is established in Florida Statutes §95.11(3)(a) as being four years from the date of the accident. This applies to both personal injuries and property losses, the latter of which could become a factor if, for example, the plaintiff broke a watch or an expensive piece of jewelry in their fall.
A statute of limitations ensures that lawsuits use evidence that is current and that prospective defendants need not worry for years that a lawsuit may be coming. If a prospective plaintiff lets the deadline pass without filing a case, they may forever forfeit the legal right to seek compensation for their injury, even with help from a slip and fall lawyer in Clearwater.
Speaking with a Clearwater Slip and Fall Attorney
Recovering from an injury caused by a slip and fall accident takes time and money. Along with rising medical bills, you may lose wages due to being unable to work.
If you were hurt in a slip and fall accident on the property of another party in Florida, it makes sense to explore your legal options if you believe the owner of the property may have acted negligently to cause your accident and injuries. A well-practiced Clearwater slip and fall lawyer could inform you of all your legal rights and options.
Should your case have merit, an attorney could send demand letters on your behalf to the negligent parties with the goal of getting you a fair settlement offer. If a fair settlement cannot be agreed upon, they could seek justice for you by taking your case to trial. Reach out today to get the representation you deserve.
