What Is the Statute of Limitations for a Slip and Fall Claim in Florida?

As of March 24, 2023, individuals have up to two years from the date of the slip and fall accident to make a claim. However, if your accident occurred before this date then you will have four years file a claim for compensation.

The good news is, with the help of a personal injury lawyer, you can get the compensation you deserve for your slip and fall case. This may take the form of a settlement with an insurance company or may require litigating through a personal injury lawsuit. Either way, if you were injured in a slip and fall accident, The Law Place in Florida is here to help. However, there is a time limit when seeking compensation in accident and injury cases. After this time has expired, compensation will be out of your reach.

For help holding the property owner accountable for your slip and fall accident, contact our law firm today. We can provide free legal advice and a free consultation on a case-by-case basis, as each slip and fall accident is different. Our lines are always open, and all calls are at no obligation.

The contact number for our Florida offices is (941) 444-4444!

What Is Meant by the Term Statute of Limitations?

The statute of limitations is a piece of legal terminology which, in injury law, describes the amount of time that can pass between an accident or injury and the raising of a claim or injury lawsuit.

This period will vary depending on your state. However, in all states, the period of time will begin from the date that the accident or injury occurred.

Understanding the Recent Changes

Prior to 2023, Florida allowed victims of personal injury cases, including slip and fall claims, four years to file a claim. However, in accordance with House Bill 837, this time frame has been reduced to two years. This means that any slip and fall accident that occurred after March 24, 2023, must be filed within two years from the date of the accident. However, if your accident occurred before this date.

Are There Exceptions to the Statute of Limitations for Slip and Fall Claims in Florida?

In the vast majority of slip and fall cases that occurred after March 24, 2023, victims will have two years from the date of the accident to make a claim. However, there are a few exceptions to this rule. If you think that one of these exceptions may apply to your case then you should speak to an attorney as soon as possible.

• Discovery Rule – If the victim was unaware of their injuries then their attorney may be able to argue that the statute of limitations should begin after the discovery of their injury. Some injuries from a slip and fall accident do not manifest right away such as traumatic brain injuries or whiplash.
• Minors – If the accident victim was a minor at the time of the accident then the two-year period could begin when the individual turns 18.
• Incapacitated Persons – If the accident victim was legally incapacitated at the time of the accident, then the statute of limitations could be moved to when they are legally deemed capable again.
• Fraudulent Concealment – If the property owner attempted to conceal facts related to the slip and fall accident, then the statute of limitations could be tolled. Meaning, that the time frame would not begin until the fraud is discovered.
• Out-of-State Defendants – If the liable party leaves the state after the incident then the statute of limitations could be tolled while they are away. This is to prevent them from avoiding the claim by relocating.
• Continuous Treatment Doctrine – If the victim suffered severe injuries then they may be undergoing continuous treatment. In this case, their attorney may be able to argue that the statute of limitations should begin after the treatment has concluded. This can be beneficial as it ensures that medical issues are fully addressed and a settlement that reflects this can be properly negotiated.

While the statute of limitations may seem straightforward, there are exceptions to the rule. It is important that all slip-and-fall accident victims seek legal advice as soon as possible so that an experienced attorney can evaluate the specifics of the case, identify any applicable exceptions, and move the case forward to protect the right to compensation.

How Much Do Slip and Fall Accident Victims Receive in Compensation?

There is no set amount of compensation for slip and fall accident victims. The amount of compensation you receive depends on many factors such as the extent of your injuries, how clear liability is, and the quality of your representation. Your settlement will be made up of damages which are the losses you have incurred as a result of the accident. Some of the damages you may be able to claim for include:

• Medical Treatment – All of your medical expenses should be covered in your settlement including any medical bills, medication costs, rehabilitation, and more.
• Future Medical Treatment – If your injuries are ongoing then your settlement should reflect the projected cost of any future treatment.
• Lost Wages – If your injuries resulted in lost wages due to time away from work, then this should be covered in your settlement.
• Lost Earning Capacity – If your injuries mean that you will be unable to return to work in the same way you did before, then you should also be compensated for lost earning capacity.
• Non-Economic Damages – Non-economic damages include pain and suffering, and emotional distress and are there to compensate you for the losses you have suffered that are not monetary. For example, the accident may have caused you a lot of emotional turmoil, perhaps you are unable to do things you once enjoyed and your relationships with your loved ones may have been affected. These types of damages can often be points of contention in negotiations but an experienced attorney will understand how to fight for a fair settlement that reflects both your economic and noneconomic damages.

How Evidence Can Become Harder to Obtain Over Time in a Florida Personal Injury

Whether you are dealing directly with insurance companies or filing a lawsuit, the evidence is key to maximizing your compensatory amount for a personal injury case in Florida.

Unfortunately, the more time you leave between the time of your accident and raising a case, the more chance there is of this evidence becoming lost or otherwise unobtainable. Eyewitness accounts may be uncontactable, or the property owner may attempt to cover their tracks.

The Uses for Hard Evidence in Florida Slip and Fall Cases

There are two primary uses for evidence in a Florida slip and fall case, both of which mean that you should strike quickly to maximize the amount of evidence available in your case.

Firstly, you will need evidence that the property owner violated their duty of care in some way and is therefore liable for your injuries. This evidence may take the form of CCTV, eyewitnesses, or other forms of claim substantiation.

Secondly, you will require evidence to prove the extent of the damages your Florida slip and fall case caused you. This will help you to maximize the payout for damages such as those related to property damage, medical bills, lost wages, or pain and suffering.

Racing Rival Legal Teams

There is another extremely good reason why you should begin your Florida personal injury case as soon as possible, regardless of the slip and fall statute of limitations.

This reason is that your personal injury attorneys are likely not the only legal team working on the case. There may be a rival team of lawyers and claims adjusters working for the insurance company. It is in the best interest of insurance companies to minimize the amount of money they have to pay out, and they will employ any number of tricks to do this.

Furthermore, it is likely that the property owner who is liable for the damages you received will have their own legal team attempting to protect them. The more time you give them, the more likely they are to succeed in blocking your claim or creating a successful argument for your comparative negligence.

What Is Comparative Negligence in a Florida Slip and Fall Case?

Comparative negligence essentially means that the property owner was not the only one at fault for the injuries caused by your slip and fall accident. Sometimes, this is justified. Other times, it is a clever argument utilized by property owners and their lawyers to help them avoid the consequences of violating their duty of care.

In Florida, comparative negligence laws are used to determine your share of the blame if you have suffered a slip or fall. If you are partially to blame for your accident, your compensation will be reduced by a percentage, which will be proportional to your level of blame.

What Are Some Examples of Justifications for Comparative Negligence Claims in Florida?

There are a number of precedents considered when calculating comparative negligence. The following are the most common examples:

• The personal injury victim was on the premises where they suffered the accident without the property owner’s consent.
• The victim was distracted by an avoidable situation at the time of the slip or fall, such as looking at their mobile phone instead of where they were going.
• The person who was injured was wearing footwear that was inappropriate for the situation or environment.
• The property owner had made a clear and obvious attempt to make people aware of the hazard and prevent any slip or fall. Examples of this would include cordoning off an area or displaying appropriate signage.

If you believe your slip and fall is at risk of falling foul of comparative negligence laws, an attorney can help. A high-quality personal injury lawyer will be familiar with the various arguments involved in comparative negligence claims and will be able to argue the best case for negligence on the part of the property owner.

Help us to make your claim the most valuable it can be by calling today to tell us the circumstances of your slip and fall accident. Following a free consultation, we can work together to formulate the strongest argument possible to get you the compensation you deserve.

What Injuries Are Commonly the Result of Slip and Fall Cases?

The injuries inherent to slip and fall cases can vary widely. All this depends on the environment where the accident occurred, the height and speed of the fall, and many other variables.

As mentioned earlier, it also depends on the vulnerability and general frailty of the victim involved in the case. Many health conditions or age can increase the risk of a life-altering injury.

Injuries commonly seen by our Florida personal injury team include:

• Bruising, cuts, lacerations and abrasions.
• Broken or fractured bones, as well as sprained limbs.
• Muscle damage.
• Internal bleeding or organ damage.
• Head or brain injuries and the possible resulting cognitive complications these may entail.
• Impairments of movement or other disabilities.
• Scarring or other bodily disfigurement.

If you have suffered a slip or fall on a property in the last twoyears, you are entitled to raise a case for compensation for the damages you have received. These damages can take the form of reimbursement of your medical bills, compensation for the time you were forced to spend off work recovering, or considerations for your level of pain and suffering.

How Much Will It Cost You to Raise a Personal Injury Claim With The Law Place?

There are a whole host of financial reasons why someone may be put off making a compensatory claim. Medical bills, time spent off work, or fear of legal fees can combine with financial precarity to stop many people from even looking into what legal options are available to them.

Here at The Law Place, we believe that nobody should be left without recourse to justice in the case of an accident that was not their fault. This is why all our personal injury and accident cases operate on a no-win-no-fee basis. All fees will only be taken from your final compensatory settlement.

This also means that if for some reason, your case is not successful, the process won’t cost you anything. It couldn’t be less risky. All our work is monitored by the State Bar Association. This means there are no hidden costs, extra fees, or nasty surprises in store for you.

What Is the Statute of Limitations for a Slip and Fall Claim in Florida? FAQ

What is the statute of limitations for a slip and fall claim in Florida?

As of March 24, 2023, the statute of limitations for filing a slip and fall lawsuit is two years, This means that Florida law requires that all fall accidents that occur after this date are dealt with within two years from the date if the accident. Any accidents that occurred prior to this date must be dealt with within four years. This law applies to all personal injury law claims based on negligence, including slip and fall accidents.

Are there exceptions to the statute of limitations for slip and fall claims?

While the statute of limitations refers to the majority of cases, there are exceptions. For example, if the injured person was a minor, or incapacitated at the time of the accident. Other exceptions could include if the victim is undergoing ongoing treatment or if the property owner’s negligence was fraudulently concealed.

How does the revised Florida statute change impact my ability to file a claim?

Now that injured persons have just two years to file a slip and fall lawsuit, they must act more quickly. Fast action can also benefit your case because it ensures that your attorney can gather evidence that could otherwise be lost. It’s crucial to speak to a fall accident attorney as soon as possible so that they can fight to preserve your right to recover compensation.

What steps should I take if I’ve been injured in a slip-and-fall accident?

If you have been injured in a slip and fall on someone else’s property, then you should seek medical care as soon as possible. Not only is this good for your health, it is also essential to evidence your claims. If you are able to, then gather evidence from the scene such as photos and witness information. You should also report the accident to the property owner or manager. Next you should call The Law Place for a free consultation with a premises liability lawyer to discuss your case and to ensure that your claim is filed in a timely manner.

Can I still file a claim if the accident resulted in wrongful death?

If a slip and fall accident led to a fatality then their family may be able to claim compensation in a wrongful death lawsuit. Families also have two years from the date of the accident to file a claim, however, this law remains unchanged from the previous statute.

How does Florida’s statute of limitations compare to other personal injury claims?

The statute of limitations for slip and fall claims is the same as other personal injury claims in Florida, such as those involving auto accidents and motor vehicle accidents.

Why is it important to act quickly after a slip and fall accident?

The sooner you speak to an attorney after a slip-and-fall accident the better. They will work quickly to protect evidence and speak to witnesses when their memories are fresh. This increases the likelihood of a successful insurance claim that properly compensates you for your injuries.

How much does representation from an attorney cost?

At The Law Place, we believe that all slip-and-fall accident victims deserve access to high-quality legal representation. That is why we offer a free consultation and work on a no-win, no-fee basis. If your claim is successful, we will take a pre-agreed percentage of your settlement, there are no surprise costs. However, if your claim is unsuccessful, we will not receive anything. We take on all the risk so you can fight your claim in confidence.

Contact The Law Place Today

The lawyers at The Law Place in Florida have a total 75 years of experience helping to maximize the compensation of their clients in accident and injury cases. If you need a helping hand, our team is just a phone call away. We have the experience, the skillset, and the compassion required to ensure you experience a bolstering and robust response to your personal injury damages.

What’s more, each phone call is completely free and at no obligation. Everything you tell us is covered by the attorney-client confidential disclosure agreement, so you don’t need to worry about slipping up and devaluing your claim. We will use the information you give us to establish the most solid case possible to maximize your payout from the insurance company.

To speak to an experienced personal injury attorney first-hand, receive free, impartial legal advice, or to begin the process of making your personal injury claim, call (941) 444-4444 as soon as possible! Phone lines are open 24/7.