Taking a fall is not only embarrassing, it could lead to very serious injuries. If you fell while on someone else’s property, you should know your rights. An Indian River slip and fall lawyer could help explain those rights to you as well as your options following the incident.
A team of passionate Indian River County injury attorneys could work with you to conduct a full assessment and investigation of your case and determine whether the property owner could be held responsible. By helping you determine what you may be able to recover for your injuries, an attorney could help you to move forward with your life.
Proving Negligence in a Slip and Fall
Slip and fall cases are based on laws of negligence, which are found in Florida Statutes § 768. Negligence means that someone had a duty of care to someone, but breached that duty, and as a result, the person they owed the duty to sustained an injury.
In a slip and fall case, a person must be able to prove that the fall was caused by the negligence of the property owner. This is typically demonstrated in slip and fall cases by proving that the property owner knew that conditions existed, and did nothing to about it.
One thing to consider is that Florida is a modified comparative negligence state. This means is that even if someone could prove that the negligence of the property owner caused their injury if their own negligence contributed to the fall as well, then their potential damages may be reduced by the amount that their own negligence contributed to their injuries, up to 50%. If they are found 51% or more at fault, they are prohibited from recovering any damages.
Statute of Limitations in Indian River
It is important to know that anyone injured in a slip and fall must file a claim within a certain period, otherwise, the claimant may forfeit the right to receive compensation. The statute of limitations for a slip and fall case in Florida is two years, meaning a person must file their case within two years of when the fall occurred.
Although many cases could be resolved outside of court, it is important to file as soon as possible. The sooner a case is filed the more time is saved as well as court costs and fees, filing insurance claims and negotiating with the other side. An Indian River slip and fall lawyer may know the importance of planning ahead and not wait until the last minute to initiate a case.
Gaining the Counsel of an Indian River County Slip and Fall Lawyer
If you fell on someone else’s property and sustained injuries, you have already been through a lot. Let an Indian River slip and fall lawyer help you during this difficult time by fighting for your case. They could work with you to determine any compensation you are entitled to, which could include medical expenses, lost wages, and costs of medications and medical devices.
They could explain the options available to you and build a strong legal strategy geared towards your ultimate case objectives. Indian River slip and fall attorneys could take all the steps necessary to pursue compensation for your injury so that you could stay on your path of recovery and avoid any unnecessary stress. Contact a caring injury attorney from Kogan & DiSalvo today to discuss your case with a free consultation.