Palm Bay Slip And Fall Lawyers

If you suffered a slip and fall accident in Palm Bay, FL, due to someone else’s fault, you have the legal right to sue the at-fault party for their negligence or wrongdoing. To recover compensation, you would have to file a personal injury claim and prove that the defendant owed a duty of care to you and this duty was breached, resulting in your injuries. As a victim of a slip and fall accident, you can be eligible for economic expenses, such as lost income and medical bills, and non-economic expenses, such as pain and suffering.   

Understanding Slip and Fall Cases

A slip and fall case is a premises liability claim where the plaintiff aims to prove that the defendant’s negligence or wrongdoing led to their injuries. A slip and fall accident can happen anywhere, including hotels, shops, restaurants, or parking garages. 

According to Florida Law, property owners or occupants are responsible for providing a reasonably safe environment to guests or to warn them about safety hazards on site. For example, if the property owner or manager did not warn guests about a wet floor and they suffered a slip and fall accident, then the property owner could be held liable for their damages. 

When the Property Owner Is At Fault for Your Slip and Fall

Determining liability for a slip and fall accident can be complex. While you may think that the property owner or occupant is responsible for the accident, that is not always the case. For example, the property owner is not responsible for slip and fall accidents caused by open and obvious hazards that you should have noticed and avoided. Similarly, they may not be held liable if they can prove they had no knowledge of the hazard or didn’t have enough time to fix the issue or warn guests about the potential safety hazard. 

However, many slip and fall accidents are the fault of the property owner or occupant. The most common reasons are failure to maintain their property, building code violations, and failure to warn of hazards. Even a simple mistake such as not removing snow from a walkway or insufficient lighting in certain areas can result in life-altering injuries for others. Some cases of slip and fall accidents are a result of defective conditions such as broken steps or railings. While the property owner might have gotten used to this safety hazard and can easily avoid getting hurt, guests on the property could be vulnerable to accidents. 

Statute of Limitations in Palm Bay Slip and Fall Cases 

The statute of limitations for all personal injury cases, including slip and fall cases, is four years. This means that you have four years from the date you get injured or when you realize you got injured to initiate a lawsuit against the opposing party. Slip and fall accident victims should be aware of this timeline and take timely action to protect their rights. 

If you miss the deadline to file a slip and fall claim, you may lose your right to seek compensation for your suffering. It is also advisable that you don’t get too close to the deadline as any unforeseeable event can cause a delay that could cause you to miss the deadline. While the statute of limitations is strictly enforced in Florida, there are some legal exceptions. For example, if the injured individual is a minor or has a disability, the statute of limitations can be extended or tolled. 

Expenses You May be Able to Recover in Your Slip and Fall Claim

Generally, you can claim all expenses that directly resulted from your slip and fall accident. This includes medical expenses such as doctor’s visits, medication, hospital stays, surgery, etc. If the injury resulted in lost wages or loss of earning potential, you can also claim that in your claim. Property damage can also be included in the claim. Non-economic damages, such as pain and suffering, are also common in slip and fall claims. If you want to get maximum compensation, you should be thorough in your claim, as you will need to prove all the expenses to recover compensation. 

Steps to Take After a Slip and Fall Accident

If you suffered a slip and fall accident, your top priority should be to get medical treatment for any injuries that you may have suffered. Slip and fall injuries might take some time to become evident. After you have reached a stable condition, it is time to start thinking about what caused the accident, and how you can recover compensation. If possible,  you should take photos or videos of the accident scene and collect witnesses’ contact information. Write down all the details, including what happened as you might eventually forget. You need to get in touch with a personal injury lawyer as soon as possible so they can guide you on the legal steps to recover compensation.

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